The Champion

September 2008 , Page 30 

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A Brief History of the Criminalization of Everything

By Stephanie A. Martz; Ivan Dominguez

NACDL's White Collar Crime Project and the Washington Legal Foundation Confront Expanding Criminal Liability

Taking stock of trends in white collar prosecutions is no easy task. Many recent, headline-grabbing white collar cases have resulted in verdicts, pleas, and sentences that appear to vindicate the ferocity with which they were brought. (See, for example, Martha Stewart, Dennis Kozlowski, the second case against Richard Scrushy, and the Jack Abramoff fallout.) This begs the question, then, of why other high-profile cases have made DOJ’s Corporate Fraud Task Force look like another Washington, D.C., home team, the Washington Nationals. The convictions of four Merrill Lynch investment bankers were thrown out for failure to prove fraud, after their careers were ruined, and the the win rate against the Enron Broadband defendants is two guilty pleas, one acquittal, and four defendants awaiting retrial — one for the third time. The meaty appeals of Enron poster ch

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