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‘Not Every Mistake Is A Criminal Act’

Lawrence Goldman’s posts on the White Collar Crime Prof Blog are uniformly smart and engaging.

What Goldman said last week about the over criminalization of business behavior brought to mind some recent FCPA prosecutions that ended with acquittals, mistrials, or dismissals:

Both Attorney General Eric Holder and SEC Enforcement Director Robert Khuzami defended their record, stating that not every mistake is a violation of law. Holder said, “We also have learned that behavior that is reckless or unethical is not necessarily criminal,” a statement which (aside from leading me to ask why it had taken him so long to realize it) should be painted on the walls of every prosecutorial office.

Read Lawrence Goldman’s full post here.

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