The mistrial in the criminal case against the former executives at Dewey & LeBoeuf is a welcome call for moderation in white-collar prosecutions. The New York County District Attorney’s decision to overcharge backfired when the Dewey jury did what it was supposed to do: It took a close look at the evidence rather than assuming that, with more than a hundred separate charges, there must be something in the case that the government is right about.
Whatever the future holds for the former Dewey executives, the mistrial demonstrates a rejection of one of the government’s favorite tactics — overcharging.
