Law Professor Ellen Podgor quoted in The Washington Post on deferred prosecution agreements

Repeat offenders: Corporate misdeeds often settle with deferred prosecution agreements

Public Citizen found that dozens of companies have signed multiple deferred prosecution and non-prosecution agreements.

By Renae Merle
The Washington Post
Sept. 26, 2019

Excerpt

Ellen S. Podgor
Professor Ellen S. Podgor

The Justice Department has also begun emphasizing ways that companies can avoid harsh penalties, including announcing that those that invest in compliance programs would be rewarded. Then-deputy Attorney General Rod J. Rosenstein also announced a policy last year discouraging prosecutors from “piling on” corporations by imposing multiple penalties for the same misconduct.

Determining how to best punish corporations “is a tough problem,” said Ellen Podgor, a Stetson University law professor who analyzes white-collar crime. “How do you get corporations in line; how do you stop them from misconduct?” she said.

And later in the article, she was quoted:

Repeat offenders should face escalating fines and consequences, said Podgor, of Stetson University. “You have to make the fine so that the cost to the company is not worth” the bad behavior, she said.

This article was originally published on The Washington Post website on Sept. 26, 2019, with the headline, “Repeat offenders: Corporate misdeeds often settled with deferred prosecution agreements.”