DoJ says it wants to “streamline” negotiations over the size of penalties misbehaving white collar employees should pay.
Assistant Attorney General Brian Benczkowski, the head of the department’s criminal division—which overseas various white-collar criminal investigations—said the DOJ has sought to reduce the time it takes to negotiate resolutions by grounding proposed fines in US sentencing guidelines and other objective criteria.
Here’s a thought on how to streamline those negotiations.
Stop negotiating. Make a plea offer (rarely, these too often get used to extort guilty pleas of any sort), and if the white collar declines—no back and forth—go to criminal trial. Better, if DoJ thinks it has an actual case, go straight to criminal trial.
If DoJ doesn’t think it can make its case in front of a criminal court jury, then DoJ doesn’t have a case to make. Leave the white collar the hell alone.