Comment on Brandon L. Garrett’s recommendations that various steps be taken to improve the efficacy of deferred prosecution agreements, including greater judicial oversight, greater use of court-appointed monitors, and greater attention to breaches of the agreements. Do you agree that such steps should be undertaken to improve the effectiveness of deferred prosecution agreements? Why or why not?

YOU ARE REQUIRED TO COMPLETE PART 1 AND PART 2.

PART 1

Read the article below and post answers to the questions posted below along with your comments on the Enron movie as indicated in that thread as well.

Note: This is a book review by Jed S. Rakoff of author Brandon L. Garrett’s Too Big to Jail: How Prosecutors Compromise with Corporations.

https://web-a-ebscohost-com.eznvcc.vccs.edu:2443/ehost/detail/detail?vid=0&sid=13bfb99f-f92c-412d-9f99-194b0e379416%40sessionmgr4007&bdata=JnNpdGU9ZWhvc3QtbGl2ZSZzY29wZT1zaXRl#AN=EIS100725687&db=mlfLinks to an external site.

 

Discussion Questions:

  • Describe the concept of “deferred prosecution” as it relates to corporate criminal liability.
  • Comment on Brandon L. Garrett’s recommendations that various steps be taken to improve the efficacy of deferred prosecution agreements, including greater judicial oversight, greater use of court-appointed monitors, and greater attention to breaches of the agreements. Do you agree that such steps should be undertaken to improve the effectiveness of deferred prosecution agreements? Why or why not?
  • In your reasoned opinion, are deferred prosecutions are good idea? Why or why not?

PART 2

  1. Watch The Smartest Guys in the Room using the link below.

The Smartest Men in the Room (Links to an external site.)

2. Briefly describe some of the business ethical issues presented in the movie Enron and whether you believe or not that the government has a role to play in regulating corporations. In light of the current economic conditions has your opinion changed since the Enron scandal? Be specific as to why or why not and refer to the legal principles discussed in the various readings as well.