Corporate Crime and Punishment

NINE

Dealing with the Convicted Corporation

WHAT SHOULD BE DONE with the convicted corporation (including one that enters a deferred prosecution agreement)? Obviously, it can be fined. But what else? In fact, corporations in the federal system are sentenced in a high majority of the cases to a term of probation (in addition to a fine),¹ but very little thought has gone into what probation conditions are appropriate. Determining what should occur at sentencing involves dividing what is best done ex ante (i.e., before conviction) from what can be better done ex post (i.e., after conviction). Ex ante, legislatures can revise the criminal law, prosecutors ...