Too Big to Jail

Too Big to Jail examines the U.S. Department of Justice's approach to prosecuting corporate crimes and the rise of deferred prosecution agreements. Brandon Garrett analyzes data from corporate prosecution cases spanning two decades to reveal patterns in how the government pursues corporate wrongdoing. The book chronicles major corporate criminal cases involving companies like HSBC, UBS, and BP, detailing the investigations, negotiations, and settlements. Through interviews with prosecutors, defense attorneys, and regulators, Garrett documents how corporations often avoid criminal convictions through agreements that require fines and reforms. Garrett explores the challenges prosecutors face when building cases against large corporations and the evolution of corporate prosecution strategies since the early 2000s. The research draws from court documents, settlement agreements, and organizational compliance reports to present a comprehensive view of corporate criminal justice. The book raises fundamental questions about accountability, deterrence, and the role of criminal law in regulating corporate behavior. Garrett's analysis suggests that current approaches to corporate prosecution may not effectively prevent misconduct or reform corporate culture.

Readers note the book provides comprehensive data and case studies on corporate prosecutions, though some found the academic tone dry. Many appreciate the detailed documentation of how large companies avoid criminal prosecution through deferred prosecution agreements. Liked: - Clear examples of corporate misconduct cases - Thorough research and data analysis - Solutions proposed for reform - Historical context of corporate criminal liability Disliked: - Dense academic writing style - Repetitive examples and points - Focus on data over narrative - Limited discussion of specific executive accountability Ratings: Goodreads: 3.8/5 (21 ratings) Amazon: 4.2/5 (12 ratings) One reader on Goodreads called it "meticulously researched but could be more engaging." An Amazon reviewer noted it "expertly shows the two-tiered justice system but gets bogged down in statistics." The book resonated most with readers interested in corporate law and criminal justice reform, while general audiences found it less accessible.

The Chickenshit Club by Jesse Eisinger The book documents how federal prosecutors shifted from aggressively pursuing corporate criminals to settling with companies through deferred prosecution agreements.

Capital Offenses: Business Crime and Punishment in America's Corporate Age by Samuel Buell A former prosecutor examines the evolution of corporate crime prosecution and the challenges of holding executives accountable under current laws.

The Death of Corporate Reputation by Jonathan Macey The text analyzes how financial institutions moved from valuing their reputations to calculating regulatory penalties as a cost of doing business.

Why They Do It: Inside the Mind of the White-Collar Criminal by Eugene Soltes Through interviews with executives who committed crimes, the book reveals the decision-making processes and rationalizations behind corporate fraud.

Taking the Stand: My Life in the Law by Alan Dershowitz A Harvard law professor presents cases and legal developments that shaped corporate criminal liability in the United States justice system.

🏛️ While writing this book, Brandon Garrett analyzed data from over 2,500 corporate prosecution agreements, creating the most comprehensive study of corporate prosecutions to date. 💼 The book reveals that from 2001 to 2012, no CEO of a major U.S. bank was prosecuted for crimes related to the financial crisis, despite numerous instances of documented fraud. ⚖️ Garrett demonstrates that when corporations faced criminal charges, 94% of cases were resolved through deferred prosecution or non-prosecution agreements rather than trials. 🌍 The corporate settlements examined in the book total over $300 billion in fines and penalties, yet many companies remained repeat offenders despite these massive payments. 📚 Brandon Garrett, a professor at Duke Law School, expanded this research into a database that is now publicly available, allowing journalists and researchers to track corporate prosecution patterns.