- DOJ lost credibility after Enron, with a run of failed cases
- Prosecution needs to happen quickly, before the trail goes cold
- Task forces can run fast but lack context and roots
- Arthur Anderson literally resulted in the notion of “Too Big To Fail”
- Non-criminal cases have to prove intent
- Sporken used consent decrees to force companies to do their own auditing and oversight
- Accountants can be duped, like anyone else
- “The company could not go to jail.”
- Grand juries stopped being used as an evidence gathering tool
- Gresham’s law: Copper coins drive out good gold ones
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