Sunday, April 13, 2008

Bush Administration Going Soft on Corporate Crime

I am not surprised at all...

The Bush administration has a well-known aversion to regulating big business. As it turns out, it is also reluctant to prosecute corporations that break the law. Federal prosecutors have been regularly offering settlements to companies for wrongdoing that, in previous administrations, would likely have led to criminal charges. It is another disturbing example of how this administration has taken the justice out of the Justice Department.

Eric Lichtblau reported in The Times on Wednesday that during the last three years, the department has put off prosecuting more than 50 corporations on charges ranging from bribery to fraud. Instead, it has been entering into so-called deferred prosecution agreements and nonprosecution agreements, in which companies are allowed to pay fines and hire monitors to watch over them.

Defenders say these deals save the government time and the expense of going to trial and avoid doing unnecessary harm to corporations and their employees. The cost to the public and the rule of law is too high.

If corporations believe that they can negotiate their way out of a prosecution, the deterrent effect of the criminal law will inevitably be weakened.

The deals also leave a clear impression that an administration that prides itself on being pro-law-and-order — and on appointing federal judges who are tough on ordinary criminals — is tilting the justice system in favor of the wealthy and powerful.

Just another example of the government favoring Wall St. and big money over the common person and Main St.

1 comment:

Anonymous said...

Something to consider about white collar prosecutions is that they really -are- more labor intensive and costly to prosecute. The problem is compounded by a stagnation in the DoJ buget while at the same time the department ha had to sholder more work on "national security issues". The local U.S. Attorney's offices are left with a situation where they have less resources, less help from D.C., and a decision as to whether they prosecute they corporate officer who will get 6 months probabtion or six drug dealers who will each get 40 years.

In a perfect world the DoJ would have the resources it needs to prosecute deserving crimnals, but congress and the administration have both contributed to a situation that doesn't make that possible.