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The Intercept
January 20, 2016

Obama’s Justice Department Likes Criminally Prosecuting People, But Not Corporations
By David Dayen


Fewer than one in eight federal agency criminal referrals of corporations led to actual criminal prosecutions between fiscal years 2010 and 2014, according to Justice Department data compiled by the Transactional Records Access Clearinghouse at Syracuse University. While criminal referrals of individuals resulted in prosecutions at an 82.1 percent clip, corporate prosecutions from referrals only happened at a 12.3 percent rate. “This meant that for incoming referrals,” according to the TRAC report, “prosecution of individual defendants was, on average, nearly seven times more likely than it was for corporations.” The report builds upon a previous TRAC analysis showing a 29 percent drop in corporate criminal prosecutions from 2004 to 2014, suggesting that corporate crime has become a lower priority in the Obama administration. Statistics showing a significant rejection of corporate referrals for white-collar crime — only 7.4 percent of those cases led to prosecutions — further the narrative that corporations have not suffered from aggressive law enforcement over the past several years.


Transactional Records Access Clearinghouse, Syracuse University
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