5 ms·
This is a worthwhile book that might help clear up some of your bewilderment at why corporate crime cases so often turn out so unsatisfactorily. https://www.am
by brianpgordon 7y ago
This is a worthwhile book that might help clear up some of your bewilderment at why corporate crime cases so often turn out so unsatisfactorily.
https://www.amazon.com/Chickenshit-Club-Department-Prosecute-Executives/dp/1501121367 https://www.amazon.com/Chickenshit-Club-Department-Prosecute...
My personal TL;DR from a couple of years ago if you don't have the time to read the book:
- It's very hard for prosecutors to secure a criminal conviction even in the most blatant cases of wrongdoing.
- Prosecutors care too much about their win rate to risk trials.
- Prosecutors have fallen into a trap where they're so dependent on the policy of offering generous non-prosecution or deferred-prosecution agreements if the company comes forward and volunteers evidence, they've become incapable of actually executing on a complex criminal investigation anymore.
- There's intense political pressure to not punish shareholders for management's misdeeds.
- caprese 7y agoI enjoyed that book, I felt it kind of just "ended" though. It had some interesting history and insights but then the pages just kind of ran out
- JoeAltmaier 7y agoBut the civil case seems so easy - failure to deliver the right stuff over most of a decade. Should be possible to bankrupt this company over contract fraud?
- SkyBelow 7y agoOne thing to add, the majority of the population supports this outcome (if you measure actions as more important than words).
- chias 7y ago> There's intense political pressure to not punish shareholders for management's misdeeds Rightly so, IMO. I invest almost exclusively in index funds, which means there's a good chance I'm a shareholder and don't even know it. I like to think that it wouldn't make sense for me to be held responsible.
- scarejunba 7y agoYou're not held responsible. The company is. You just made a bad investment through bad fortune. You get to sue the company for losing you money.
- brianpgordon 7y agoThe reason your index funds return so much is that you're buying a share of ownership in the company. That includes upside but it also includes downside. If there were no downside you'd be getting exactly money market-like returns.
- mruts 7y agoThe downside of equities is not being sued as a shareholder of a crooked company, it's the risk and long-term exposure you bear from your share of ownership and the future cash flow of the company.