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Too Big to Jail - How Prosecutors Compromise with Corporations (Paperback)
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Too Big to Jail - How Prosecutors Compromise with Corporations (Paperback)
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American courts routinely hand down harsh sentences to individual
convicts, but a very different standard of justice applies to
corporations. Too Big to Jail takes readers into a complex,
compromised world of backroom deals, for an unprecedented look at
what happens when criminal charges are brought against a major
company in the United States. Federal prosecutors benefit from
expansive statutes that allow an entire firm to be held liable for
a crime by a single employee. But when prosecutors target the
Goliaths of the corporate world, they find themselves at a huge
disadvantage. The government that bailed out corporations
considered too economically important to fail also negotiates
settlements permitting giant firms to avoid the consequences of
criminal convictions. Presenting detailed data from more than a
decade of federal cases, Brandon Garrett reveals a pattern of
negotiation and settlement in which prosecutors demand admissions
of wrongdoing, impose penalties, and require structural reforms.
However, those reforms are usually vaguely defined. Many companies
pay no criminal fine, and even the biggest blockbuster payments are
often greatly reduced. While companies must cooperate in the
investigations, high-level employees tend to get off scot-free. The
practical reality is that when prosecutors face Hydra-headed
corporate defendants prepared to spend hundreds of millions on
lawyers, such agreements may be the only way to get any result at
all. Too Big to Jail describes concrete ways to improve corporate
law enforcement by insisting on more stringent prosecution
agreements, ongoing judicial review, and greater transparency.
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