The Treatment of White-Collar Cases: The DOJ Justice Manual
The primary goals of all prosecutions of economic crimes are accountability and deterrence. “White collar crime undermines the rule of law, defrauds victims, and disrupts the marketplace.” The Department has long recognized that deterrence of corporate crime is most effective when enforcement is consistent and when individuals are brought to account for their specific acts of wrongdoing. As former Attorney General Holder observed, “[f]ew things discourage criminal activity at a firm—or incentivize changes in corporate behavior—like the prospect of individual decision-makers being held accountable.”Deterrence is most effective under two conditions: (1) when there is individual accountability; and (2) when there is uniform enforcement of the rule of law (Eric Holder, Att’y Gen, 2014).
Organizations Receiving Fines or Restitution by Primary Offense Category: Fiscal Year 2016, U.S. SENTENCING COMM’N (2016).
Rod Rosenstein, Deputy Att’y Gen., U.S. Dep’t of Justice, Keynote Address at New York University School of Law on Corporate Enforcement Policy
(Oct. 6, 2017).
Eric Holder, Att’y Gen., U.S. Dep’t of Justice, Remarks on Financial Fraud Prosecutions at New York University School of Law (Sept. 17, 2014).