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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 LiabilityTaking 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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