Assignment:
Following a wave of corporate scandals in the late 1990’s, the Justice Department has vigilantly pursued allegations of corporate wrongdoing. To this end, former Deputy Attorney General Larry Thompson instructed DOJ attorneys in 2003 to consider indicting the corporation, itself, for criminal misconduct, butencouraged “deferred prosecution agreements.” In terms of corporate criminal liability, what is a “deferred prosecution agreement,” and why is it potentially a “win-win” situation for both the indicted corporation and the government? What are some of the disadvantages of these agreements for corporations and business managers?
- Do you think the government is exploiting corporations unfairly in the prosecution of misconduct? Do you think corporations should be responsible for misconduct by employees? And, ultimately, is corporate criminal prosecution really necessary?