The Champion

September - October 2016 , Page 48 

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The Changing Face of Corporate Prosecutions

By Brandon L. Garrett


“Corporations are people, my friend,” as then-presidential candidate Mitt Romney put it in 2012. As legal persons, corporations can be criminals too — and never before has corporate criminal enforcement been so important in this country and across the globe. Billion dollar corporate criminal fines — unheard of just a few years ago — are now common events. Major public companies and financial institutions have been prosecuted repeatedly in recent years. Major political figures are calling for changes in the way that banks and corporations generally are prosecuted. Federal judges have intervened like never before to supervise corporate prosecution agreements and appellate courts have intervened to frustrate such supervision. Law firm white collar groups have exploded in size and prominence. Law students express far more interest in corporate crime and compliance work than ever before. The Department of Justice has time and again revised its U.S. Attorneys’ Manual guidelines

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