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38<br />
The victims of corporate criminals rarely get the same treatment,<br />
argues the former Texas Agriculture Commissioner,<br />
populist Jim Hightower:<br />
If you got caught robbing a bank, chances are excellent that<br />
you’d be facing some serious time in the pokey. But what if<br />
a bank robs you?<br />
Corporate executives and their lawyers like to claim that a<br />
corporation is a ‘person’ with all of the rights of an actual<br />
human being. Yet when one of these outfits goes bad and<br />
gets caught violating laws, then the lawyers drop the pretense<br />
of personhood, insisting that while this entity might be fined,<br />
it can’t be put in jail or given a death sentence, because, well,<br />
because it’s a financial structure, not a human.<br />
Embracing this game of now-you-see-us-now-you-don’t,<br />
the Bushites have devised a neat way to go soft on corporate<br />
criminals. Called ‘deferred prosecution agreements (or<br />
DPAs),’ this ploy allows corporations and banks that are<br />
guilty of everything from robbery to bribery to be given a getout-of-jail-free<br />
card.<br />
Of course, such judicial favoritism creates an incentive for<br />
criminal behavior, since corporations now know that they can<br />
likely avoid prosecution if caught. And fines are no deterrent<br />
– multibillion dollar corporations can simply absorb them as<br />
a necessary cost of doing business.<br />
Unspoken, or unexplained in most media accounts, is how<br />
Wall Street money was responsible for the softening of the<br />
laws including higher standards triggering prosecution. Part of<br />
the deregulation of the industry involved the de-fanging of the<br />
power of prosecutors.<br />
It also happened by design when Wall Street firms, who<br />
benefited by this transfer of wealth, invested in a major lobbying<br />
and political campaign to loosen regulations allowing<br />
them to pursue their self-interest at other’s expense.<br />
Ex-Investment banker Nomi Prins spelled it out for me this