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February 21, 2015

"Who Watches the Watchmen? Accountability in Federal Corporate Criminal Prosecutions"

The title of this post is the title of this new paper by Michael Patrick Wilt now available via SSRN.  Here is the abstract:

The Department of Justice entered into hundreds of deferred and non-prosecution agreements (DPAs and NPAs) with corporations over the last twenty years, and continues to increase the use of these agreements every year.  However, there is no academic scholarship that explores whether the DOJ has grounded these criminal settlements in traditional criminal sentencing procedures.  Specifically, do these agreements — which can often include hundreds of millions of dollars in penalties — follow the carefully considered principles of the U.S. Sentencing Guidelines for Organizations?

This article considers this question in light of the public choice theory of criminal procedure and concludes that the DOJ is not utilizing the Sentencing Guidelines in a manner consistent with basic notions of government accountability in the criminal justice system.  The article uses data collected from over three hundred deferred and non-prosecution agreements and finds that only a small percentage include an analysis of a monetary penalty based on the Sentencing Guidelines.  The government’s use of a non-traditional process to resolve corporate criminal cases should be concerning in the absence of an institutional check such as the Sentencing Guidelines.  The article urges the DOJ to adopt standardized procedures for future criminal settlements, including a demonstration of the Sentencing Guidelines analysis typically found in plea agreements.

February 21, 2015 at 11:58 AM | Permalink


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The Supremacy served an agency targeted by the filthy cult criminals. All such targeting is always a good opportunity to destroy the life of a bunch of cult criminals. So the Supremacy offered at its own expense to take the filthy cult criminal to federal court and to begin an all out assault that would seek to destroy its career, and to drive the piece of filth from the state. The Supremacy had done that several times before.

The agency accepted a deal. It paid $1.7 million instead of $9 million demanded by the filthy traitor. It agreed to a corporate compliance program. So the Supremacy accepted the decision, and did nothing. The Supremacy even quietly underwent the compliance program in support of the agency. It consisted of indoctrination into a snitch culture that changed the entire culture of the agency. Still the Supremacy did nothing.

Five years later, the head of the agency, quietly took the Supremacy aside, and said, they should have accepted my offer. The program cost them $10 million, never mind the lost time of the staff, and the degrading of the culture of the agency. If they had been completely defeated in court, they would have been far better off.

Never accept a plea deal from the filthy cult criminals. Always attack back at the filthy cult criminal, as a person, and at its filthy cult criminal supervisors. Never stop the attack, until the filthy cult criminal has been driven out of the business. If the cult criminal is driven to suicide by the surround sound attacks, that are interminable, and continue forever until driven out, so much the better. To deter.

These cult criminals are not even human. They are out to destroy our beloved nation, and should be stopped. Legally. To deter.

Posted by: Supremacy Claus | Feb 21, 2015 7:35:57 PM

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