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While corporate prosecutions are appropriate in some cases, history suggests that they have little deterrent effect on corporate crime.
But although American prosecutors are proselytizing the deferred prosecution agreement approach around the globe, the remedies imposed in these corporate prosecutions are new and untested.
Over the last decade, more of the truly important corporate prosecutions have been settled through deferred prosecution agreements, or agreements like them.
As firms expand globally and the federal government makes corporate prosecutions a higher priority, the practice has become a profit center.
Brandon L. Garrett, a law professor at the University of Virginia who studies corporate prosecutions, said the government could still invoke the threat of "debarment," or disqualification from getting federal contracts.
Rather, it should strictly adhere to its new guidelines for corporate prosecutions, adopted in August of last year, that protect against abusive deferred-prosecution agreements, like those that Mr. Ashcroft backs.
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Such conduct should weigh in favor of a corporate prosecution".
Firstly, it is possible that the police could launch a corporate prosecution.
He feared a corporate prosecution of News International in the UK would destroy its American interests.
But by far the greatest threat to Trinity Mirror is the looming prospect of a possible corporate prosecution.
Murdoch's great fear was that the hacking scandal would lead to a corporate prosecution of News International.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com