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Monday, December 16, 2013

Getting away Scot-free

In England, Northern Ireland and Wales deferred prosecution agreements (DPAs) come into use in March. Aimed at encouraging firms to report themselves in the early stages of discovering potentially illegal behaviour, DPAs allow companies to avoid criminal prosecution if they adhere to strict conditions set by a judge. They are American-style “plea bargain” agreements. DPAs from the London-based Serious Fraud Office (SFO) or England’s Crown Prosecution Service also carry the possibility of a so-called “global settlement”, which would protect firms from prosecution in the United States and other countries. Without it, firms face the possibility of defending the same charges in multiple ­jurisdictions. Also without it there is the claim that companies will “sweep things under the carpet”.

Pause for a moment and ponder the facts. Businesses that commit crimes such as bribery or money laundering, report themselves and impose a fine upon themselves, often less than the actual illegal profits, and subsequently the wrong-doers evade prosecution which in many cases would put them out of business.

So i will rob burglarise your house, make off with your valuables, turn myself in, pay compensation to the government, and will have no criminal record, escape the disgrace and dishonour and continue pretending to be a law biding citizen, permitting me to commit the same action once again. Not a bad deal if it applied to all criminals and not just the corporate ones. Isn’t the usual condemnation of an embezzler by the judge that he or she abused their position of trust and regardless of confession and  consequent re-payment,  they must face the penalty and be punished. Capitalism has created a cheat's charter.

AJJ

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