Rather than just being a gift to big business, the Justice Department’s approach to the investigation and prosecution of criminal wrongdoing by corporate entities makes sense. First, corporations cannot go to jail. Second, numerous regulations and enforcement avenues exist to sufficiently insure that corporate entities that engage in wrongdoing are punished. Accordingly, Justice Department resources and manpower need not always be expended on the pursuit of a criminal case against a corporation, particularly given that a criminal conviction more often punishes the shareholders and innocent employees.
‘Enforcement 40’ for 2020
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