Conclusion
Rebalancing the Carrots and the Sticks
THIS BOOK HAS RAISED a number of themes, and now it is time to connect them. Today, the prosecution of complex corporate crime is characterized by underenforcement: that is, prosecutors rarely get to the top of the corporate hierarchy (or even near the top). A leading cause of this shortfall is that federal prosecutors must (and do) outsource their investigation of corporate misconduct to the defendant corporation. Not surprisingly, the resulting “internal investigation” is necessarily compromised. Low-level employees may be detected and prosecuted, but the investigation rarely finds its way into the corporate headquarters.
This outsourcing occurs because federal prosecutors lack the resources ...
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