Government Missteps Have Created Leverage for Corporations

In this article, Kirby Behre and Lauren Briggerman discuss the recent and significant leverage corporations have when dealing with the U.S. Department of Justice (DOJ) regarding criminal investigations. In the past four years, 17 high-profile cases that have ended in at least partial defeat for the government due to judicial findings of prosecutorial misconduct and errors have given corporations greater ability to negotiate resolutions. "These missteps by federal prosecutors have been noted by federal judges, who may now be more willing to second-guess the government's charging decisions and sentencing recommendations," the authors said. "The government can no longer credibly profess confidence that it will prevail at trial most of the time, as this series of cases dating back to 2009 clearly and unequivocally demonstrate an abysmal track record in the cases that matter most to the government."
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