American Samizdat

Wednesday, November 14, 2007. *
Interesting speech on some Bush Jr. innovations in how NOT to prosecute corporate crime. Completely new topics to me were the new DOJ approaches of

• non prosecution agreements
• deferred prosecution agreement
• prosecution of closet or defunct entities

very clever how the deferred or closeted prosecution not only can, but has, kept ALL health insurers from ever being subject to mandatory exclusion from government contracts when they defraud Medicare. Nice!

an excerpt:
Number 12
Corporations love non prosecution agreements even more.

One Friday evening last July, I was sitting my office in the National Press Building. And into my e-mail box came a press release from the Justice Department.

The press release announced that Boeing will pay a $50 million criminal penalty and $615 million in civil penalties to resolve federal claims relating to the company's hiring of the former Air Force acquisitions chief Darleen A. Druyun, by its then CFO, Michael Sears – and stealing sensitive procurement information.

So, the company pays a criminal penalty. And I figure, okay if they paid a criminal penalty, they must have pled guilty.

No, they did not plead guilty.

Okay, they must have been charged with a crime and had the prosecution deferred.

No, they were not charged with a crime and did not have the prosecution deferred.

About a week later, after pounding the Justice Department for an answer as to what happened to Boeing, they sent over something called a non prosecution agreement.

That is where the Justice Department says – we’re going to fine you criminally, but hey, we don’t want to cost you any government business, so sign this agreement. It says we won’t prosecute you if you pay the fine and change your ways.

Corporate criminals love non prosecution agreements. No criminal charge. No criminal record. No guilty plea. Just pay the fine and leave.

Rawk! On!

Further Calvinist Proof of Divine Election (not that it was in doubt). Of course, the dems will save us!
posted by Uncle $cam at 12:51 PM
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