Prosecutors should focus on wrongdoing by individuals from the very beginning of any investigation of corporate misconduct.

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Prosecutors should focus on wrongdoing by individuals from the very beginning of any investigation of corporate misconduct.

In light of this module’s lecture, please discuss one or two of the underlying policy concerns identified in the following paragraph: “Prosecutors should focus on wrongdoing by individuals from the very beginning of any investigation of corporate misconduct. By focusing on building cases against individual wrongdoers, we accomplish multiple goals. First, we increase our ability to identify the full extent of corporate misconduct. Because a corporation only acts through individuals, investigating the conduct of individuals is the most efficient and effective way to determine the facts and the extent of any corporate misconduct. Second, a focus on individuals increases the likelihood that those with knowledge of the corporate misconduct will be identified and provide information about the individuals involved, at any level of an organization. Third, we maximize the likelihood that the final resolution will include charges against culpable individuals and not just the corporation.” See U.S. Dep’t of Justice, U.S. Attorneys’ Manual § 9-28.010 – Principles of Federal Prosecution of Business Organizations (2017).

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