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Justice Dept. Shift on White-Collar Crime Is Long Overdue

New York Times, September 11, 2015

Justice Dept. Shift on White-Collar Crime Is Long Overdue

Mr. Holder’s argument essentially was that big financial institutions are “too big to jail” because the potential for “collateral consequences” from prosecutions — including corporate instability or collapse — had to be considered when deciding whether to bring a case against them, or apparently, against anyone who worked there and engaged in bad behavior. Lanny A. Breuer, then the head of the Justice Department’s criminal division, reiterated that sentiment as recently as 2012 in a speech at the New York City Bar Association, where he said that it was his duty to consider the health of the company, the industry and the markets in deciding whether to file charges.

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