Declining Corporate Prosecutions

April 4, 2019, 9:58 p.m. | jashley

A new article, forthcoming in the American Criminal Law Review, develops new data from the last two years of the Duke / UVA Corporate Crime Registry. It is now available on SSRN here. A description of the findings: Two years into the Trump Administration, newly collected data allows one to assess what impact a series of new policies have had on corporate enforcement. To provide a snapshot comparison, in its last 20 months, the Obama Administration levied $14.15 billion in total corporate penalties—w ...

Ending Too Big to Jail Act

April 4, 2019, 12:42 p.m. | bgarrett

This week Sen. Elizabeth Warren re-introduced an “Ending Too Big to Jail Act” . Portions of the legislation deal with new resources for corporate criminal investigations at the Department of Justice. For a discussion of the legislation, and my comments on the need for resources to bring highly complex corporate investigations, see this story at Vox. That coverage discusses examples concerning settlements wit ...

Beyond Hard Time

March 19, 2019, 12:41 p.m. | bgarrett

Read more here, for an op-ed in The New Republic on what the disparate reactions to Manafort’s sentence and California’s death penalty ban reveal about our criminal justice system: For many years, the justice system has allowed serious corporate corruption to go unpunished, banks to be prosecuted repeatedly for the same crimes, and corporations and executives to get deferred prosecutions and below-the-guideline sentencing. This system of pronounced judicial leniency has created a punishment model for man ...

New Entries to the Registry

Jan. 8, 2019, 12:40 p.m. | None

Declinations: Guralp Systems Limited (2018-08-20) Insurance Corporation of Barbados Limited (2018-08-23) Polycom, Inc. (2018-12-20) Plea Agreements: Carlisle HMA, LLC (2018-11-01) Presmer, LLC (2018-05-31) Shoreline Foundation, Inc. (2018-10-26) ...

Duke/UVA Registry Data in the N.Y.Times

Jan. 4, 2019, 12:40 p.m. | bgarrett

Read more here about how the New York Times calculated enforcement numbers during the first twenty months of the Trump Administration. They explain: “The Times asked the Legal Data Lab at the University of Virginia School of Law and Duke Law School, which maintains a registry of corporate criminal prosecutions, to analyze all such cases filed in the first 20 months of the Trump administration and compare them with those filed in the first and last 20 months of the O ...


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