Too Big to Jail: How Prosecutors Compromise with Corporations

Too Big to Jail: How Prosecutors Compromise with Corporations

Language: English

Pages: 384

ISBN: 0674659910

Format: PDF / Kindle (mobi) / ePub


American courts routinely hand down harsh sentences to individuals, 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.

Understanding Liberal Democracy: Essays in Political Philosophy

Allah, Liberty and Love: The Courage to Reconcile Faith and Freedom

Democracy and New Media (Media in Transition)

Winning the War for Democracy: The March on Washington Movement, 1941–1946

 

 

 

 

 

 

 

 

 

 

 

 

 

Prosecutors responded that the company did have something to gain. ConocoPhilips, Shell, and Chevron were “paying customers” of Ionia, and if the ship does not pass the inspections, then “they don’t sail” and “don’t get paid. This is all about money, money and convenience at the expense of the environment.” Prosecutors also responded that it was nothing special that Ionia had training and practices on disposing of oily bilge water. After all, “the fact that these environmental policies were in.

Lawful,” it could convict. The justices were troubled that the jury instruction did not really use the word corruptly, instead including language about actions that “subvert, undermine, or impede” a proceeding. That instruction did not clearly tell the jury that they had to find that there had been a direct, “knowing and dishonest” intent to specifically convince a person to destroy documents relevant to a particular official proceeding. That said, judges are still divided on exactly what the.

Understand the rules, creating anonymous hotlines, and performing random audits—like with professional athletes, though not necessarily drug testing. Employers can record calls and randomly check them (“This call may be recorded for quality assurance”). They can put automated systems in place to make sure employees do not bill improperly or fail to report their work on time. They can create new documentation requirements so that there is a clearer paper trail to monitor employees. Why was a.

Lawyer said, “A fundamental law of organizational physics is that bad news does not flow upstream.”6 Some corporate crimes, such as what criminologist William K. Black terms “control fraud,” are crimes by higher-ups bent on self-dealing.7 Other corporate crimes may have benefited the company but were the product of corporate policies and culture, and may be difficult to pin on any one person. Reflecting the ostrich problem, higher-ups may have an easier time claiming lack of knowledge and have.

Add more to the fine (the disgorgement) to keep the company from profiting even after being caught.48 The factors are numerous, and it is more of an art than a science to calculate a corporate fine. The Bigger Stick Under the guidelines, the companies that get a bigger stick are the ones that (1) were involved in or tolerated the criminal activity, (2) had a prior history of violations, (3) violated an order, or (4) obstructed justice.49 Those four factors increase a “culpability score,” which.

Download sample

Download