Uma análise interessante:
“(…) Of the 412 individuals, 266 pleaded guilty, or 65%. Forty-two were convicted at a trial. How were convicts sentenced for these corporate crimes? The average sentence was 18 months. The average sentence among those who did receive prison time was higher—40 months. But it was only 42% or 128 of the 308 individuals convicted who received any jail time. This is a low imprisonment rate (I compare these data to U.S. Sentencing Commission data regarding similar categories of federal crimes). To be sure, many convicts paid large fines. Of the individuals prosecuted, 144 individuals were fined, with an average $382,000 fine.
Of still greater concern were the large numbers of prosecution losses: 15% of the cases were unsuccessful, which as I develop in the Article, is far higher what is typical in federal white-collar prosecutions. Fifty-two individuals had charges dismissed pretrial. Eleven were acquitted at trial. Still other cases were not ultimately successful; nine had convictions reversed on appeal. In addition, 38 individuals were charged but have not been convicted, either because the cases are still pending, or individuals are fugitives or have not been successfully extradited.
“There is no such thing as too big to jail,” Attorney General Eric Holder announced in a video message in May 2014, underscoring that no financial institution “should be considered immune from prosecution.” Yet it is increasingly common to hear complaints, including from prominent politicians, judges, journalists, and academic commentators, that the government has not prosecuted those who committed corporate crimes. Federal Judge Jed Rakoff has offered the most prominent critique of this problem, arguing prosecutors are too quick to settle with corporations on lenient terms after hasty investigations; he concludes prosecuting individuals would be more effective.”