White Collar Crime Prosecutors Get Punished
Corporate magnates act as if they are beyond the law.
What happens when the hunters become the hunted?
We see a disturbing trend.
The elites they try to prosecute target white-collar crime prosecutors.
Stephen Hemsley is the CEO of UnitedHealth Group. He had sold over $100 million in company stock. He did these days before the announcement of a government antitrust probe.
This was a clear case of insider trading.
But the calm way perpetrators carry out such acts shows a systemic issue. It’s not about the boldness of corporate titans. It’s also about the vulnerability of those who dare to challenge them.
Prosecutors and federal agents enter careers driven by a fierce commitment to justice. Still, the path they walk has many pitfalls. A seasoned prosecutor, Neil Barofsky, designed the pitfalls to deter and destroy. Influential Wall Street figures made veiled threats. They did so because he did his duties during the financial crisis. Such threats mirror the sinister “Plata O Plomo” (Silver or Lead) ultimatum.
Drug cartels made it infamous.
They said: cooperate and enrich yourself, or face dire consequences.
This problem came to light with the case of Philip Esformes. He is a Florida businessman who arranged the most significant healthcare fraud in U.S. history. Beth Young was a dedicated government lawyer. When she charged him, she triggered a counterattack. It would turn her professional life into a battleground.
Esformes’ defense strategy was simple yet devastating: accuse the prosecutor of misconduct. Heavyweight defense lawyers backed them. It should have been an easy prosecution. But, it turned into an inquisition of the prosecutor. The ordeal did not end with a celebration of justice. It left Young’s reputation tarnished, and her career prospects dimmed.
The scenario worsens when politics enters the mix.
Top lawyers from the Republican establishment supported President Trump’s controversial pardon of Esformes. It shows the meeting of wealth, power, and political influence. This trinity shields the elite from the total weight of the law.
These battles in court and ripple through the halls of power in Washington. Prosecutors use charges of misconduct. They are brave enough to stand against corporate wrongdoing, so they use them to undermine it. This tactic frightens many in the Justice Department. There, preserving careers is more important than taking on challenging cases.
What does genuine reform look like in this scenario?
It begins with transparency.
We must show these battles.
Big companies and their lawyers must watch every move.
They must watch moves by judges, lawyers, and the public.
They must expose and criticize every attempt to undermine justice. This includes the outlets, watchdogs, and civic groups. They must do this no matter how legally clever or cloaked in procedure.
Reform requires robust support systems for prosecutors. This could mean setting up funds to assist with legal defenses. They would help when prosecutors are unfairly targeted. It also means improving the pay and benefits for public servants. This means making sure there are straightforward, easy ways to punish misconduct. The misconduct is by defense attorneys.
Educating judges about the tactics of high-powered defense firms is critical. Judges play a role in either curtailing or enabling the misuse of legal processes. Retired judges or veteran prosecutors could lead training sessions and seminars, helping sitting judges see and react to manipulative legal strategies.
Also, the legal community must foster a new generation of attorneys.
People need law skills.
They must dedicate themselves to ethics and justice.
Law schools should emphasize public service careers and teach students how their work affects society. This education should prepare them for significant cases, teach them to handle pressure and backlash and challenge the powerful.
Those in the justice system, especially those in positions of influence, have a duty. Colleagues must support colleagues facing attacks. This support should not be passive. It should involve active advocacy. It should involve the public defense of those targeted by baseless accusations. Legal associations and bar councils should take a firmer stand against firms. They engage in these destructive tactics repeatedly. This may lead to sanctions or disbarment for the worst offenders.
Balancing the public’s role is essential. In a world where information is power, citizens are not just passive observers. They are active participants in the justice process. By staying informed and talking, the public can help. Attending trials and using social media can also help. They can help ensure that justice is not only done but seen.
Engagement also means voting for representatives who put judicial integrity first. They must also be willing to make laws that protect prosecutors. They must also make legal proceedings more clear. Public pressure can lead to laws that close loopholes. These loopholes let business and political interests undermine the law.
We must challenge the idea.
It is that going after powerful wrongdoers ends the careers of prosecutors. This requires a cultural shift in the Justice Department and beyond. They must shift from a risk-averse, headline-dreading bureaucracy. They must change to one that rewards courage and integrity.
James Comey coined the term “chickenshit club.” It describes prosecutors who shied away from prosecuting influential figures. The term must become a relic of the past. Instead, we need a new club of lawyers unafraid in their pursuit of justice. They need a society that values and upholds their work.
Will we accept a system where the powerful are untouchable?
Or will we fight for a society where justice reaches every corridor of power?
This must happen regardless of a person’s status or connections. The battle against white-collar crime is not legal.
Everyone has a role, from the courtroom to public opinion.
All have a role in the fight for a just society.
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