The 'Civil-izing' of White-Collar Criminal Enforcement

May 7, 2013  |  New York Law Journal

In recent congressional testimony, Attorney General Eric Holder acknowledged that prosecutors would hesitate before filing criminal charges against a large financial institution because of the effect on the economy of such a prosecution. This article argues that the Attorney General's comments reflect a shift by DOJ, following the demise of Arthur Andersen, toward settlements with companies that either avoid criminal convictions or seek to mitigate their impact on innocent third parties.

Download File (pdf | 255.81 KB)