Collateral Consequences Weighed for Corporations, Not for Individuals
By RUSSELL MOKHIBER | CounterPunch | May 24, 2013
In case you had any doubt that federal prosecutors favor corporations over individuals, check out Mythili Raman’s testimony before a House hearing this week.
Raman is the acting chief of the Criminal Division at the Department of Justice.
She appeared before the Oversight and Investigations Subcommittee of the House Financial Services Committee.
The title of the hearing — “Who Is Too Big to Fail: Are Large Financial Institutions Immune from Federal Prosecution?”
In a nutshell, the answer is — Yes they are immune from federal prosecution.
But it’s not just them.
It’s the vast majority of major corporate criminals, which now are granted deferred and non prosecution agreements when twenty years ago they were forced to plead guilty.
This sea change in corporate crime practice was ushered in by then Deputy Attorney General Holder in 1999 when he drafted the Principles of Federal Prosecution of Business Organizations. (Holder has been through the revolving door since — over to Covington & Burling to defend the corporations he’s now charged with prosecuting, then back to the Justice Department as Attorney General under President Obama. And no doubt, soon back to Covington.)
Under the subsequent rewrites of the Holder memo, federal prosecutors must now take into consideration the collateral consequences of a criminal prosecution on a major corporation including “whether there is disproportionate harm to shareholders, pension holders, employees, and others not proven personally culpable, as well as impact on the public arising from the prosecution.”
And this, along with the the eight other factors that prosecutors must take into account before prosecuting a corporation tilts the balance away from prosecution and toward deferred and non prosecution agreements.
Raman made it a point to emphasize twice during her testimony that individuals are not given the same consideration.
“For individuals, collateral consequences never enter into the equation,” Raman said.
Why not?
After all, collateral consequences for individuals can be devastating.
According to the American Bar Association Task Force on Collateral Consequences, the individual convict “may be ineligible for many federally-funded health and welfare benefits, food stamps, public housing, and federal educational assistance.”
“His driver’s license may be automatically suspended, and he may no longer qualify for certain employment and professional licenses. If he is convicted of another crime he may be subject to imprisonment as a repeat offender. He will not be permitted to enlist in the military, or possess a firearm, or obtain a federal security clearance. If a citizen, he may lose the right to vote. If not, he becomes immediately deportable.”
And Raman says that federal prosecutors can’t take these into consideration.
But must take the collateral consequences of a corporate conviction into consideration.
Why the difference?
Because the corporate crime lobby has marinated the justice system.
And morphed our criminal justice system from one that was meant to deliver equal justice for all to one where corporate criminals reign supreme.
“You can imagine why, when I see some of the biggest banks in the world, who get a slap on the wrist, for laundering drug money from the drug cartels, and (their executives) are not going to jail” Congresswoman Maxine Waters (D-California) told Raman at the hearing. “And then we have all of these young people getting arrested, some of them not criminal, just stupid, getting involved with small amounts of cocaine. And yet we have some of the richest, most powerful banks in the world laundering drug money from the drug cartels. Why don’t they (the bank executives) go to jail?”
Raman started to answer and Waters cut her off.
“We know what you do,” Waters said. “It’s what you do that we don’t like. What you do is — they get fined. And it’s a cost of doing business.”
Russell Mokhiber edits the Corporate Crime Reporter.
May 26, 2013 Posted by aletho | Corruption, Progressive Hypocrite, Timeless or most popular | Attorney General Eric Holder, Corporate crime, Covington & Burling, Justice Department, Principles of Federal Prosecution of Business Organizations, Too Big to Fail, United States, United States Department of Justice | Leave a comment
Featured Video
What We Learned This Week /Lt Col Daniel Davis
or go to
Aletho News Archives – Video-Images
From the Archives
How Bill Gates Premeditated COVID Vaccine Injury Censorship
By Dr. Joseph Mercola | March 30, 2021
In 2000, everything about Bill Gates’ public persona changed. He morphed from a hardnosed and ruthless technology monopolizer into a soft, fuzzy and incredibly generous philanthropist when he and his wife launched the Bill & Melinda Gates Foundation.1
It was a public relations coup. May 18, 1998, the U.S. Justice Department, in collaboration with 20 state attorneys, filed an antitrust lawsuit against Microsoft.2 At that time, the company was 23 years old and was ruling the personal computer market. The Seattle Times described the fallout from the antitrust lawsuit:3
“The company barely escaped being split up after it was ruled an unlawful monopolist in 2000 for using its stranglehold on the PC market with its Windows operating system to cripple competitors, such as Netscape’s Navigator Web browser.”
How would the world be different today if the company had been split? Yale law professor George Priest described the antitrust lawsuit as “one of the most important antitrust cases of its generation.”4 In 2002, a court settlement placed restrictions on Microsoft to curb some of its practices for five years.
It was later extended twice and then expired May 12, 2011. The lawsuit had a dramatic effect on “the emergence of an entirely new field called IP (intellectual property) antitrust,” Iowa law professor Herbert Hovenkamp told the Seattle Times.5
Later, large sums donated from the foundation made the news multiple times, including $9.5 million to GAVI (Global Alliance for Vaccines), a second $7.5 million to GAVI and $6.8 million to the World Health Organization in 2017.6
By June 2020, in the middle of a global pandemic, the Gates Foundation’s donations totaled 45% of WHO’s funding from nongovernmental sources.7 Once mainstream media’s attention was no longer on Gates’ antitrust activities and focused on the philanthropist actions of the foundation, Gates publicly turned his attention to vaccinating the world, long before COVID-19.8
Event 201: A Preplanned Pandemic
In a deep dive into the Gates Foundation’s charitable donations, The Nation found there were $250 million in grants to companies where the foundation held corporate stocks, including Novartis, GlaxoSmithKline, Merck, Sanofi and Medtronic. The money was directed at supporting projects “like developing new drugs and health monitoring systems and creating mobile banking services.”9 … continue
Blog Roll
-
Join 2,460 other subscribers
Visits Since December 2009
- 7,479,059 hits
Looking for something?
Archives
Calendar
Categories
Aletho News Civil Liberties Corruption Deception Economics Environmentalism Ethnic Cleansing, Racism, Zionism Fake News False Flag Terrorism Full Spectrum Dominance Illegal Occupation Mainstream Media, Warmongering Malthusian Ideology, Phony Scarcity Militarism Progressive Hypocrite Russophobia Science and Pseudo-Science Solidarity and Activism Subjugation - Torture Supremacism, Social Darwinism Timeless or most popular Video War Crimes Wars for IsraelTags
9/11 Afghanistan Africa al-Qaeda Australia BBC Benjamin Netanyahu Brazil Canada CDC Central Intelligence Agency China CIA CNN Covid-19 COVID-19 Vaccine Donald Trump Egypt European Union Facebook FBI FDA France Gaza Germany Google Hamas Hebron Hezbollah Hillary Clinton Human rights Hungary India Iran Iraq ISIS Israel Israeli settlement Japan Jerusalem Joe Biden Korea Latin America Lebanon Libya Middle East National Security Agency NATO New York Times North Korea NSA Obama Pakistan Palestine Poland Qatar Russia Sanctions against Iran Saudi Arabia Syria The Guardian Turkey Twitter UAE UK Ukraine United Nations United States USA Venezuela Washington Post West Bank WHO Yemen Zionism
Aletho News- Israeli forces raid Syria’s Dara’a, Quneitra countryside, set up checkpoints
- IRGC says to reverse engineer 15 undetonated US missiles uncovered in southern Iran
- Liberation From War
- Major fire erupts at UK base used for US bombers
- What Is Asthma?
- When a Train Ticket Costs Your Passport: The Eurail Breach and the Digital ID Problem
- Seyed M. Marandi: The Strike That Wiped Out Trump’s Plan (It’s Over)
- Court Forces German Chancellor Merz to Open Files on 300 “Insult the Chancellor” Cases
- ‘Territorial Theft With Better Branding’: Israel Keeps Advancing Its ‘Yellow Line’ in Gaza
- Iran war launched at ‘Israel’s’ request: US memo debunks Trump claims
If Americans Knew- Six Months into Gaza Ceasefire, Setting the Record Straight About Aid
- ‘Silent suffering’: Why children in Gaza are losing their ability to speak
- In Gaza, 17,000 infections linked to rodents and external parasites – Daily Update
- Lobby group taking journalists on propaganda tours of Israel
- The Shattered Figure of Jesus Is Not an Exception. It’s a Pattern
- Israel’s idea of ceasefire includes killing 21 in one day – Daily Update
- Christians in Israel and Palestine, past and present
- Israel eager to restart Iran war, Gaza genocide – Daily Update
- Meet the Top “Content” Producers Linked to Canary Mission
- Lebanese Journalist Amal Khalil Bombed and Left to Die by Israel
No Tricks Zone- It’s The Cold, Stupid! Cold 20 Times More Lethal Than Heat, Multiple Studies Show
- European Institute For Climate And Energy: “Climate Debate is Seldom About Science”
- New Study: The Climate May Be 5 Times More Sensitive To Solar Forcing Than Commonly Assumed
- EV Industry Reached $70 Billion In Losses In 2024 Due To Delusional Green Ideologies
- Reality Check: Maldives Have Actually Grown In Size Or Remained Stable Over Recent Decades
- Abrupt Climate Change Also Occurred NATURALLY In The Past …25 Times During Last Ice Age
- Cave Discovery Reveals Today’s Desert Climates Were Recently Far Warmer, Wetter, Teeming With Life
- German Expert: Heat Dome Led To Record Temps In Western USA…Warmer In 1934, 1936
- New Study: No Linear Warming Or Glacier Retreat Along Northern Antarctic Peninsula Since 1980s
- An Inconvenient Tree: Uncovered In Alps… Europe Much Warmer Than Today 6000 Years Ago
Contact:
atheonews (at) gmail.com
Disclaimer
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.
