1 of 5

Failure of Corporate Criminal Accountability

Ellen S. Podgor

Gary R. Trombley Family White Collar Crime Research Professor

Professor of Law

Stetson University College of Law

2 of 5

Rule of Threes

Failure of Legal Framework

Advocacy Failures

Diminished Regulatory Enforcement

3 of 5

Failure of Legal Framework

McNally

McCormick

Kelly

McDonnell

Cleveland

Snyder

Skilling

Percoco

Arthur Andersen

Ciminelli

Thompson

Fortenberry

Fischer

4 of 5

Advocacy Failures

Overreaching

Shortcut Offenses

Corporation v. Corporate Constituents

DPAs, NPAs, Declinations of Prosecution

5 of 5

Regulatory Enforcement

Decreased Regulatory Enforcement

Increased Damage to Victims

Increased Fraud Loss