The Bush administration has a well-known aversion to regulating big business. As it turns out, it is also reluctant to prosecute corporations that break the law. Federal prosecutors have been regularly offering settlements to companies for wrongdoing that, in previous administrations, would likely have led to criminal charges. It is another disturbing example of how this administration has taken the justice out of the Justice Department.
Eric Lichtblau reported in The Times on Wednesday that during the last three years, the department has put off prosecuting more than 50 corporations on charges ranging from bribery to fraud. Instead, it has been entering into so-called deferred prosecution agreements and nonprosecution agreements, in which companies are allowed to pay fines and hire monitors to watch over them.
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If corporations believe that they can negotiate their way out of a prosecution, the deterrent effect of the criminal law will inevitably be weakened.
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