This article makes the case that better regulation is far more effective than criminal prosecution for corporate misdeeds.
A well-enforced regulatory regime lacks the TV-movie narrative arc of a criminal trial. But none of these crimes could have been committed if the government had been doing its job properly.
With regulatory structures in willful disrepair, the corporate world has become one more sphere colonized by the police and prosecutors. But even as progressives have begun to question the overuse of criminal law elsewhere, its encroachments into the white-collar world are generally cheered: Finally, a chance to stick it to “crime in the suites”!
Criminal law, however, turns out to be a lot better at catching the small, sad fish of middle management than the sharks of industry and finance. Go to the F.B.I.’s “most wanted” webpage for white-collar crime and what leaps out is how many on the list are nonwhite and how petty their swindles are.
The injustice of the Flint contamination and other safety disasters demand a meaningful response. Criminal law is not the right tool for the job.
The Real Crime Is What’s Not Done http://nyti.ms/2bF6sum