Jesse Eisigner

Anderson sued saying government overreach, abuse. Lied, doing books and verifying books. Millions of Americans had retirement stolen.

Collateral consequences of charge. Must take in effect on shareholders and employees, just as we must consider the crime.

Sporkin 70s justice dept made amnesty work. No admition, pay and change. But who is in Gov matters. What they believe and how they approach job diff between tough or soft

Holder Memo. Neman 1999 guidance justice
Evidence success determinant
Serious if offense
Pervasiveness of wrong doing
History of wrongdoing
Disclosure cooperation
Waive privilege
Compliance,
Collateral
Corp differ than people. Memo shows.

Thompson Memo – Adequacy of individual responsible for company malfeasance. Individual could waive privilege and companies sharing legal info

School – Learn more under more pressure, Work hard to please testers, Not creative, Stunted sense of purpose, lack of risk. Terrible for justice, not go after white collar.

Need diversify
Age, education, geographic , experience.
Older public interested. Fewer insiders.

Dept Justice says hard to prosecute Execs, power diffuse. Don’t act without advice from experts and lawyers. Few day to day decisions

Differed prosecution agreements
AIG not charged, justice scared.
Moral hazard, banks take more risk
Fines paid but shareholders, no admit wrong.