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"Federal Erosion of Business Civil Liberties"

A much-needed resource: this new monograph from the Washington Legal Foundation, about 140 pages long, lays out in considerable depth (PDF) the basis for concerns that federal prosecutors are encroaching on the due-process rights of white-collar defendants. Chapter headings include "Mens Rea, Public Welfare Offenses, and the Responsible Corporate Officer Doctrine", "Environmental Protection Agency Criminal Enforcement Policies", "Department of Justice Criminal Prosecution Policies", "Parallel Civil and Criminal Prosecutions", "Attorney-Client and Work Product Privileges", "Deferred Prosecution and Non-Prosecution Agreements", and "U.S. Sentencing Guidelines" (via Alex Adrianson, Heritage InsiderOnline, who notes of the developments narrated in the report, "It's a legal set-up that puts business people engaged in non-criminal activity at risk of being thrown in jail.")

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Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.