I just released a report examining 20 of the worst federal enforcement failures in 2015. Its conclusion: "Corporate criminals routinely escape meaningful prosecution for their misconduct." In a single year, in case after case, across many sectors of the economy, federal agencies caught big companies breaking the law - defrauding taxpayers, covering up deadly safety problems, even precipitating the financial collapse in 2008 - and let them off the hook with barely a slap on the wrist. Often, companies paid meager fines, which some will try to write off as a tax deduction. Justice cannot mean a prison sentence for a teenager who steals a car, but nothing more than a sideways glance at a C.E.O. who quietly engineers the theft of billions of dollars. Last year, five of the world's biggest banks, including JPMorgan Chase, pleaded guilty to criminal charges that they rigged the price of billions of dollars worth of foreign currencies. No corporation can break the law unless people in that corporation also broke the law, but no one from any of those banks has been charged. The Securities and Exchange Commission ... is far behind on issuing congressionally mandated rules to avoid the next financial crisis. It has repeatedly granted waivers so that lawbreaking companies can continue to enjoy special privileges, while the Justice Department has dodged one opportunity after another to impose meaningful accountability on big corporations and their executives.
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