Podgor on White Collar Innocence

Ellen S. Podgor  (Stetson University College of Law) has posted White Collar Innocence: Irrelevant in the High Stakes Risk Game (Chicago-Kent Law Review, Forthcoming ) on SSRN. Here is the abstract:

When one thinks of “wrongful convictions and reliability in the criminal justice process” one often thinks of street crime convictions of defendants later proven innocent through DNA or other scientific evidence. But this Essay presents a new dimension to this issue - the white collar crime context. Three stories are considered here: Arthur Andersen LLP, Jamie Olis, and Jeffrey Skilling - all who proceeded to trial after criminal charges were brought against them; and contrasting these three with KPMG, Gene Foster, and Andrew Fastow, all who secured plea agreements or deferred prosecution agreements with reduced sentences and finite results.