Read

Search form

U.S. Injustice Department: "Collateral Consequences" Prohibit Prosecuting Criminals

U.S. Injustice Department: "Collateral Consequences" Prohibit Prosecuting Criminals
Fri, 5/31/2013 - by Russell Mokhiber
This article originally appeared on Corporate Crime Reporter

In case you had any doubt that federal prosecutors favor corporations over individuals, check out Mythili Raman’s testimony before a House hearing last week.

Raman is the acting chief of the Criminal Division at the Department of Justice. She appeared before the Oversight and Investigations Subcommittee of the House Financial Services Committee. The title of the hearing — “Who Is Too Big to Fail: Are Large Financial Institutions Immune from Federal Prosecution?”

In a nutshell, the answer is, yes, they are immune from federal prosecution. But it’s not just them.

It’s the vast majority of major corporate criminals, which now are granted deferred and non prosecution agreements when twenty years ago they were forced to plead guilty.

This sea change in corporate crime practice was ushered in by then Deputy Attorney General Holder in 1999 when he drafted thePrinciples of Federal Prosecution of Business Organizations. (Holder has been through the revolving door since — over to Covington & Burling to defend the corporations he’s now charged with prosecuting, then back to the Justice Department as Attorney General under President Obama. And no doubt, soon back to Covington.)

Under the subsequent rewrites of the Holder memo, federal prosecutors must now take into consideration the collateral consequences of a criminal prosecution on a major corporation including “whether there is disproportionate harm to shareholders, pension holders, employees, and others not proven personally culpable, as well as impact on the public arising from the prosecution.”

And this, along with the the eight other factors that prosecutors must take into account before prosecuting a corporation tilts the balance away from prosecution and toward deferred and non prosecution agreements.

Raman made it a point to emphasize twice during her testimony that individuals are not given the same consideration. “For individuals, collateral consequences never enter into the equation,” Raman said.

Why not? After all, collateral consequences for individuals can be devastating.

According to the American Bar Association Task Force on Collateral Consequences, the individual convict “may be ineligible for many federally-funded health and welfare benefits, food stamps, public housing, and federal educational assistance.”

“His driver’s license may be automatically suspended, and he may no longer qualify for certain employment and professional licenses. If he is convicted of another crime he may be subject to imprisonment as a repeat offender. He will not be permitted to enlist in the military, or possess a firearm, or obtain a federal security clearance. If a citizen, he may lose the right to vote. If not, he becomes immediately deportable.”

And Raman says that federal prosecutors can’t take these into consideration, but must take the collateral consequences of a corporate conviction into consideration.

Why the difference? Because the corporate crime lobby has marinated the justice system. And morphed our criminal justice system from one that was meant to deliver equal justice for all to one where corporate criminals reign supreme.

“You can imagine why, when I see some of the biggest banks in the world, who get a slap on the wrist, for laundering drug money from the drug cartels, and (their executives) are not going to jail,” Congresswoman Maxine Waters (D-California) told Raman at the hearing.

“And then we have all of these young people getting arrested, some of them not criminal, just stupid, getting involved with small amounts of cocaine. And yet we have some of the richest, most powerful banks in the world laundering drug money from the drug cartels. Why don’t they (the bank executives) go to jail?”

Raman started to answer and Waters cut her off.

“We know what you do,” Waters said. “It’s what you do that we don’t like. What you do is — they get fined. And it’s a cost of doing business.”

Sign Up

Article Tabs

Twenty states, backed by Donald Trump’s Department of Justice, are trying in the courts to dismantle the law by attacking what they see as its Achilles heel: the individual mandate.

occupy, creative activism, activism, act out e165

A backlog that's symptomatic of a patriarchal system that not only devalues women but devalues survivors of sexual assault.

E.U. trade, U.S. trade war, aluminium tariffs, steel tariffs

“These tariffs aren’t even legal under U.S. law, let alone World Trade Organization laws. It seems rather odd to be citing national security and targeting countries including your closest allies.”

public banking, public banks, Bank of North Dakota, public financing, financing infrastructure, Wall Street influence, private-public investments

Private interests’ influence over banking consumes, rather than sustains, the public good.

Dodd-Frank act, Volcker Rule, bank deregulation, Wall Street lobby, proprietary trading, SEC

By revising the Volcker Rule, a centerpiece of the 2010 Dodd-Frank act, the feds are pushing financial regulation in a direction that should worry everyone.

The Trump administration has backtracked on its policy but offered no immediate plan for reuniting families. Photograph: Guillermo Arias/AFP/Getty Images

NGOs say bringing parents and children back together is an enormous puzzle with no clear system from the administration.

EPA, pollution deaths, pollution risks, Donald Trump, Scott Pruitt, respiratory illness

The authors used EPA’s own risk assessments to estimate the number of illnesses and early deaths prevented by clean air and water rules Trump is now trying to erase.

The Associated Press reports that young migrant children forcibly separated from their parents are being sent to facilities that critics described as "prisons for babies." (Photo: @NIJC/Twitter)

Those who have visited the facilites describe "play rooms of crying preschool-age children in crisis."

Twenty states, backed by Donald Trump’s Department of Justice, are trying in the courts to dismantle the law by attacking what they see as its Achilles heel: the individual mandate.

wage theft, corporate crimes, CEO pay,

An eye-opening new report has documented billions of dollars of corporate theft from workers. The government is turning a blind eye.

public banking, public banks, Bank of North Dakota, public financing, financing infrastructure, Wall Street influence, private-public investments

Private interests’ influence over banking consumes, rather than sustains, the public good.

Posted 6 days 20 hours ago
E.U. trade, U.S. trade war, aluminium tariffs, steel tariffs

“These tariffs aren’t even legal under U.S. law, let alone World Trade Organization laws. It seems rather odd to be citing national security and targeting countries including your closest allies.”

Posted 5 days 16 hours ago
U.S. Border Patrol agents take into custody a father and son from Honduras near the U.S.-Mexico border on June 12, 2018, near Mission, Texas. The asylum seekers were then sent to a processing center for possible separation. Photo: John Moore/Getty Images

A new report confirms that Trump and his advisers had been considering the brutal policy of separating migrant children from their parents at the border for as long as they’ve been in power.

Posted 6 days 21 hours ago
The Trump administration has backtracked on its policy but offered no immediate plan for reuniting families. Photograph: Guillermo Arias/AFP/Getty Images

NGOs say bringing parents and children back together is an enormous puzzle with no clear system from the administration.

Posted 2 days 23 hours ago
family separations, ICE, immigrant deportations,

The size and brutality of this particular raid in Ohio, along with the use of military tactics, have shocked even the most seasoned immigrants’ rights activists.

Posted 5 days 21 hours ago
The Associated Press reports that young migrant children forcibly separated from their parents are being sent to facilities that critics described as "prisons for babies." (Photo: @NIJC/Twitter)

Those who have visited the facilites describe "play rooms of crying preschool-age children in crisis."

U.S. Border Patrol agents take into custody a father and son from Honduras near the U.S.-Mexico border on June 12, 2018, near Mission, Texas. The asylum seekers were then sent to a processing center for possible separation. Photo: John Moore/Getty Images

A new report confirms that Trump and his advisers had been considering the brutal policy of separating migrant children from their parents at the border for as long as they’ve been in power.

Twenty states, backed by Donald Trump’s Department of Justice, are trying in the courts to dismantle the law by attacking what they see as its Achilles heel: the individual mandate.

public banking, public banks, Bank of North Dakota, public financing, financing infrastructure, Wall Street influence, private-public investments

Private interests’ influence over banking consumes, rather than sustains, the public good.

EPA, pollution deaths, pollution risks, Donald Trump, Scott Pruitt, respiratory illness

The authors used EPA’s own risk assessments to estimate the number of illnesses and early deaths prevented by clean air and water rules Trump is now trying to erase.