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
The KAL Flight 007 Tragedy
or go to
Aletho News Archives – Video-Images
From the Archives
US-Israel War on Iran: The Myth of Limited Warfare
By James Petras :: 04.04.2012
Introduction
The mounting threat of a US-Israeli military attack against Iran is based on several factors including: (1) the recent military history of both countries in the region, (2) public pronouncements by US and Israeli political leaders, (3) recent and on-going attacks on Lebanon and Syria, prominent allies of Iran, (4) armed attacks and assassinations of Iranian scientists and security officials by proxy and/or terrorist groups under US or Mossad control, (5) the failure of economic sanctions and diplomatic coercion, (6) escalating hysteria and extreme demands for Iran to end legal, civilian use-related uranium enrichment, (7) provocative military ‘exercises’ on Iran’s borders and war games designed for intimidation and a dress rehearsal for a preemptive attack, (8) powerful pro-war pressure groups in both Washington and Tel Aviv including the major Israeli political parties and the powerful AIPAC in the US, (9) and lastly the 2012 National Defense Authorization Act (Obama’s Orwellian Emergency Decree, March 16, 2012).
The US propaganda war operates along two tracks: (1) the dominant message emphasizes the proximity of war and the willingness of the US to use force and violence. This message is directed at Iran and coincides with Israeli announcements of war preparations. (2) The second track targets the ‘liberal public’ with a handful of marginal ‘knowledgeable academics’ (or State Department progressives) playing down the war threat and arguing that reasonable policy makers in Tel Aviv and Washington are aware that Iran does not possess nuclear weapons or any capacity to produce them now or in the near future. The purpose of this liberal backpedaling is to confuse and undermine the majority public opinion, which is clearly opposed to more war preparations, and to derail the burgeoning anti-war movement.
Needless to say the pronouncements of the ‘rational’ warmongers use a ‘double discourse’ based on the facile dismissal of all the historical and empirical evidence to the contrary. When the US and Israel talk of war, prepare for war and engage in pre-war provocations – they intend to go to war – just as they did against Iraq in 2003. Under present international political and military conditions an attack on Iran, initially by Israel with US support, is extremely likely, even as world economic conditions should dictate otherwise and even as the negative strategic consequences will most likely reverberate throughout the world for decades to come. … continue
Blog Roll
-
Join 2,404 other subscribers
Visits Since December 2009
- 7,396,765 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- Timing of US-Israel attack on Iran bears symbolic meaning in Judaism
- 70 martyrs, 90 wounded in US-Israeli strike on elementary school
- Did Israel Just Forfeit Its ‘Right To Exist’? — Carlson’s Interview with Huckabee
- Trump Starts a Major Regime-Change War with Iran, Serving Neoconservatism and Israel
- The KAL Flight 007 Tragedy
- Why Trump’s war on Iran will fail
- Lebanon: Between sovereignty and the mirage of normalization
- Ukraine Given $43Bln in Proceeds From Russian Assets Frozen by G7 Since 2024 – Estimates
- The military is babying F-35s to hide their true cost to taxpayers
- Ukrainian military analyst praises use of drones against ‘Russian-Hungarian-Slovak friendship’
If Americans Knew- Israel starts another war on Iran – Not a ceasefire Day 141
- ‘Terror Was Needed to Make Arabs Leave’: What the Israeli Army Did in 1948, Revealed
- 17,000 Unaccompanied Orphans in Gaza, in World’s Biggest Orphan Crisis
- Israeli leaders want to buy global legitimacy – Not a ceasefire Day 140
- Israel warns of a Ramadan escalation — while doing everything to provoke one
- Democrats Should Release Their 2024 Election Autopsy – and Stop the Gaza Denial
- Israel responsible for 2/3 of press killings worldwide – Not a ceasefire Day 139
- Are the Jews indigenous to Palestine?
- AIPAC Wants to Kill a Bill that would Ensure Israel Complies with Ceasefire
- Former Israeli PM, in Epstein Files, Dreamed of Israeli Eugenics and Pretty Converts
No Tricks Zone- Glaciers Worldwide Are Suddendly Surging, Experts Blame Warming!
- Surprising Discovery: Sahara Is Greening…Billions Of Trees Where Once Thought To Be Barren
- New Research Reaffirms Clouds, Aerosols, And Surface Solar Radiation Are ‘Driving The Climate System’
- Germany: Electric Car Catches Fire At Charging Station, Sets Off Local “Inferno”, Widespread Damage
- New Study: Canada’s New Brunswick Was 1°C Warmer Than Today During The Medieval Warm Period
- Coal Power Back In Trend As Globe Tries To Keep Pace With Growing Demand For Power
- New Study: A 4°C Warmer Beaufort Sea Had ‘No Sea Ice’ 11,700 – 8200 Years Ago
- Unfudging The Data: Dutch Meteorological Institute Reinstates Early 20th Centruy Heat Waves It Had Erased Earlier
- German Gas Crisis…Chancellor Merz Allegedly Bans Gas Debate Ahead of Elections!
- Pollen Reconstructions Show The Last Glacial’s Warming Events Were Global, 10x Greater Than Modern
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.
