A company pleads guilty or settles civil charges and makes a large payment to the government. The government condemns the egregious corporate misconduct and extols its prosecutors’ hard work and tenacity. The media go into high gear, condemning the misdeeds of corporate America. The cry goes out to hold individuals accountable. But individuals end up not being charged.

This recent pattern—high-profile cases against companies, relatively few cases against individuals—has led courts and commentators to wonder why the government has not been more aggressive in prosecuting individuals.1

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