Criminal Law

Solving Brazil’s Bribery Scandals

Brazilian prosecutors hope to curb corruption with new laws—but critics say they go too far.

The Shift to Prosecuting Companies Instead of Individuals

Federal prosecutors have made a subtle but important shift over the last 30 years to prosecuting companies and institutions.

Potential Reasons for the Dearth of Prosecutions

Alternative priorities and government ties to the conditions that caused the financial crisis could explain the lack of prosecutions.

The Department of Justice and the Prosecution of Fraud

The DOJ has excused the failure to prosecute high-level individuals for fraud on one or more of three grounds.

Who is to Blame for the Great Recession?

If the Great Recession was caused by fraud, the failure to prosecute those responsible is an egregious failure.

Why Have No High-level Executives Been Prosecuted?

The Regulatory Review features the remarks of Judge Jed S. Rakoff, delivered at the Institute for Law and Economics’s Distinguished Jurist Lecture.