A Return To ‘The One-Way White-Collar Sentencing Ratchet’? Reflections On The Remarks Of Attorney General Merrick B. Garland And Assistant Attorney General Kenneth A. Polite Jr. At The ABA Institute On White-Collar Crime
March 15, 2022 | The Insider: White Collar Defense and Securities Enforcement
Earlier this month, at the annual institute on white-collar crime run by the American Bar Association, Attorney General Merrick B. Garland and Assistant Attorney General for the Criminal Division Kenneth A. Polite Jr. gave speeches (here and here) highlighting certain DOJ priorities with respect to white-collar crime. Their overarching messages were simple: The DOJ will prioritize the prosecution of individuals responsible for corporate crimes, as well as the rights of victims of white-collar crime. The speeches left unanswered, however, key questions about what it means to prioritize individual accountability and victims’ rights—including whether the DOJ intends to seek enhanced penalties for defendants in white-collar cases—and it is the answers to these questions that could ultimately shape this DOJ’s white-collar agenda.
