• 20
  • January
    2012

In our previous blog post, we started to recap some of the more notable white-collar criminal cases seen in federal and state courts this past year.

It is interesting to note that not all the cases were slam-dunks for the prosecution.

In fact, in at least two instances, there are clear examples where overzealous prosecutors and the government didn't always follow the rules. While the facts of cases that often make the news may be humorous, it is easy to forget real people were involved - some of whom may have been wrongly accused or who may have unknowingly been the victim of prosecutorial or governmental misconduct.

In a case involving a California manufacturing company - in which prosecutors relied on the Foreign Corrupt Practices Act - executives were chared with paying over $5 million in bribes to Mexican government officials. The president and financial officer of the company were found guilty of the crime, but the decision was ultimately thrown out because of U.S. government misconduct during the investigation.

In another case, prosecutors sought 24 years in prison for a man accused of insider trading. Instead, the man was sentenced to 11 years and tens of millions in fines and restitution. This was the longest sentence ever received for insider trading in the U.S. While many defense experts believe the sentence was excessive, prosecutors said they hoped it would send a message of deterrence for securities fraud.

These are only a few of the headlines that graced the pages of American newspapers during the past year. But rest assured that while 2011 is behind us, prosecutors will be hunting for instances of white-collar crime in the coming year.

It is important to remember that business people and business entities are still considered innocent until proven guilty - and under the American justice system, those charged with so-called white-collar crimes have the right to legal representation, the right to mount a defense and the right to have their day in court.

Source: Forbes.com, "The 2011 White Collar Crime Awards," 12/30/2011.