Monday, May 28, 2007

The Need to Curtail Prosecutorial Pressure in Corporate Agreements

Reading this article by Tom Fowler of the Houston Chronicle and this post by Tom Kirkendall of Houston's Clearthinkers, it is clear that government pressure in reaching corporate agreements needs to be examined carefully. The article and post tell the story of Dynegy and the corporate conduct in response to government pressures. Kirkendall tells of how "the Department of Justice threatened to put Dynegy out of business unless it threw Olis under the locomotive of the DOJ's criminal investigation of a complicated structured finance transaction called Project Alpha." When the Jamie Olis Story is finally told - from the beginning, with all the details - will the government truly see this prosecution, initial sentencing, and prison hopping as something that is proper in a civilized democratic society?

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http://lawprofessors.typepad.com/whitecollarcrime_blog/2007/05/the_need_to_cur.html

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