Senator Wants Corporate-Wrongdoing Rules Eased
Sen. Arlen Specter wants to ease the guidelines that helped nail Enron and Arthur Anderson.
Yeah, because federal prosecutors were so mean to those iniators of the California blackouts. When you think about it, America would be so much better if Enron never collapsed. We would feel better about ourselves as a nation, strengthened by common myths. — BEN POPKEN
Senator Calls for an Easing of Corporate-Wrongdoing Rules [NYT]
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"Mr. Specter's bill calls for "clear and practical limits" to protect the confidentiality of legal communications surrounding companies and employees under investigation."
so let me get this straight...Its cool to infringe on the rights of private individuals by tapping their phones with out a warrant, but companies that are suspected of wrong doings are going to be protected by this hack?
The Senate needs a "are you fucking serious" comity to smack some sense into people like Spector.
Sorry for swearing but things like this really get rub me the wrong way.
Actually, Specter's suggested changes make a lot of sense.
First, he wants to limit the instances in which federal prosecutors can require a company to waive its attorney-client privilege in exchange for a (often ignored) promise that prosecutors will be more lenient on the company. Whatever you think of corporate lawyers, the right to confidential communications between someone facing indictment and their lawyer is an important protection in our system. (No, I am not a lawyer.)
Second, Specter wants to prevent the Justice Department from requiring companies to stop paying the legal fees of employees who are under investigation or have been indicted. (By way of background, many articles of incorporation require a corporation to pay the legal expenses of an employee who faces potential liability from his or her work activities.) By strong-arming a corporation into cutting off employees' legal expenses, the Justice Department is trying to create an unfair playing field in which its prosecutors have unlimited resources to prosecute corporate crimes while the individuals accused of the crimes have to rely on their own personal assets to defend themselves.
(I know, I know, your heart cries for the poor indicted executives, but remember that a lot of times it's the little, midlevel guys who face charges because prosecutors have trouble tying their bosses to whatever the alleged crime is and that mounting a defense against the federal government can cost millions.)






This from the man who brought us the theory of the Kennedy Assassination "Magic Bullet". I do believe I am not alone among political wonks who believe Arlen Specter's 15 minutes of fame have become interminable.