Fewer Corporate Prosecutions: A More Effective Approach?

Law360, New York (February 14, 2012, 1:50 PM EST) -- On Aug. 28, 2008, Deputy U.S. Attorney General Mark Filip announced revised U.S. Department of Justice guidelines on prosecuting business organizations.[1] This announcement predated by a few weeks Lehman Brothers Holdings Inc.’s Sept. 15, 2008, bankruptcy filing and the ensuing collapse of world financial markets. Now, two years later, a review of corporate prosecution indicates that under the Filip memorandum, the DOJ has frequently declined to prosecute firms whose executives committed financial crimes.

Outside certain areas, corporate prosecution has been the exception, not the rule. That...
To view the full article, register now.