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September 16, 2013

By: Joel Cohen

We live in a day when prosecutors are more eager to indict corporations. While corporations can't be sentenced to jail, convictions can often amount to death sentences for them -- the collateral consequences of a corporate conviction, particularly after trial, can be absolutely devastating.

Yes, lawyers for a corporation must do everything possible to minimize such consequences, often by negotiating a deferred prosecution agreement for the corporation. But that may not be enough --the terms of such agreements themselves can be overly onerous.

Should the burden of accomplishing leniency rest solely on the shoulders of the corporation's lawyers, or shouldn't prosecutors, too, be concerned about the impact of draconian corporate punishment on its innocent shareholders? 

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