Tagged: white collar crime

White Collar Enforcement: Here We Go Again

The Justice Department suffered a terrible blow to its reputation during the financial crash in 2008 to 2009 for failing to criminally prosecute those individuals responsible for the financial misconduct.  It was one of the most devastating failures in DOJ history and stands as a stain against DOJ’s accomplishments in prosecuting white collar crime.  The failure to prosecute stemmed from both a lack of will...

Defining Deterrence in White Collar Crime Cases (Part III of III)

There are two types of deterrence – specific and general.  Specific deterrence focuses on the risk of recidivism by the individual defendant.  General deterrence is focused on preventing others from engaging in similar misconduct. Deterrence depends on three basic factors: certainty; severity and swiftness of punishment.  The certainty of punishment is a significant factor for obvious reasons – if there is a little chance that...

Criminal Sentencing and Deterrence: White Collar Crime and Corporate Misconduct (Part I of III)

The sentencing of criminal defendants continues to create controversy.  There are so many categories of crime and ranges of punishment – the issue always calls for difficult judgments and inevitably results in vigorous debate. In this three-part series, I plan to examine some of the issues surrounding sentencing of white-collar defendants and deterrence.  It is often presumed that stiff sentencing of white-collar defendants is an...

White Collar Criminal Sentencing – What A Difference Cooperation Makes

The political campaign season has included plenty of discussion surrounding reforming our criminal justice system, and in particular sentencing for drug offenses. We have not heard much discussion about white-collar criminal sentencing. There is a fair amount of controversy surrounding while collar criminal sentencing as well. Ever since the Supreme Court’s decision in United States v. Booker, in which the Supreme Court relegated the U.S....

New Free E-Book: A Return to Common Sense: The Justice Department’s Latest Attempts to Deter Corporate Criminals

I am pleased to announce the release by Corporate Compliance Insights of my new e-book: A Return to Common Sense: The Justice Department’s Latest Attempts to Deter Corporate Crime.  You can download the book here. With the release of the Yates Memorandum, and the readjustment of FCPA prosecution priorities and strategies, the Department of Justice is in the throes of a significant policy change in...