Economist Article on the Criminalization of American Companies

The Economist has an excellent article on the Criminalization of American Companies entitled "A Mammoth Guilt Trip."  Among the many interesting issues the article examines is this regarding the risks of proceeding to trial for corporations:
Chief executives now say it would be simply irresponsible for them to run the risk of an indictment and trial. The result is “regulation through prosecution”, argues James Copland of the Manhattan Institute, a think-tank. The mere threat of an indictment forces a negotiation which can lead to an entire new construction of law.

So how does a legal process without an open trial operate? The kind answer is “mysteriously”; a harsher one might be “coercively”. 
Read the entire article here.

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