03.05.13 | Articles
Why So Few Individuals? Government's Prosecution of Corporate Misconduct
New York Law Journal
Courts and commentators have recently questioned why the government has not more aggressively prosecuted individuals when companies have admitted or otherwise settled charges of misconduct. This article suggests that individuals have not been charged not because of timidity on the part of prosecutors but, rather, based on a realistic assessment of the difficulty of proving an individual's guilt - a difficulty that the government itself may be masking by overstating the strength of its case against companies.
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