The complaints of corporate criminal practitioners about the current legal regime governing corporate criminal liability are like our complaints about the weather: no one ever does anything about it.
It is remarkable to look back on the writings of academics and practitioners during the past decade or two. There is a record of persistent criticism of the breadth of the law of corporate criminal liability and of the ever-expanding use of power by prosecutors taking increasing advantage of the expansiveness of the law.[FOOTNOTE 1] It is also remarkable to observe the number of former prosecutors who have stepped forward to voice these concerns, joining academics and defense lawyers too numerous to count.[FOOTNOTE 2]
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