FOUR
The Difficulties with Deterrence
WE HAVE SEEN THAT individuals in corporate criminal cases are prosecuted far less frequently than the corporate entity.1 The Yates Memorandum sought to change this by insisting on individual accountability. Although it was a political success that attracted broad support, the pattern since then has changed little. Curiously, there has been a marked increase in the size of corporate penalties but no increase (and even a small decline) in the number of individual prosecutions.2 Apparently, the Department of Justice does not practice what it preaches in terms of the Yates Memorandum or whom it pursues. Instead, ...
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