Whitepaper | Criminal Affirmance: Refusal to Prosecute Financial Crime and the Social Implications

Criminal Affirmance: Going Beyond the Deterrence Paradigm to Examine the Social Meaning Expressed by Exercising Discretion to Decline Prosecution of Elite Crime

Professor Mary Kreiner Ramirez
Washburn University School of Law

Apr. 23, 2011

Recent financial scandals and the relative paucity of criminal prosecutions in response suggest a new reality in the criminal law system: some wrongful actors appear above the law and immune from criminal prosecution.  As such, the criminal prosecutorial system affirms much of the wrongdoing giving rise to the crisis.  This leaves the same elites undisturbed at the apex of the financial sector, and creates perverse incentives for any successors.  Further, this undermines the legitimacy of the rule of law and encourages even more lawlessness among the entire population. These considerations transcend deterrence as well as retribution as a traditional basis for criminal punishment. Affirmance is far more costly and dangerous with respect to the crimes of powerful elites that control large organizations than can be accounted for under traditional nations of deterrence.  Few limits are placed on a prosecutor’s discretionary decision about whom to prosecute, and many factors against prosecution are available, especially in resource-intensive white collar crime prosecutions.  This article asserts that prosecutors should not exercise that discretion without considering its potential affirmance of crime.

Full paper below…




Criminal Affirmance: Going Beyond the Deterrence Paradigm to Examine the Social Meaning Expressed by Exercising Discretion to Decline Prosecution of Elite Crime

8 Responses to “Whitepaper | Criminal Affirmance: Refusal to Prosecute Financial Crime and the Social Implications”
  1. l vent says:

    They were giving out LIARS LOANS like Halloween candy is a good way to put it. Truth is, the FBI blew the whistle on the mortgage fraud in 2004 and warned the Bush administration about the mortgage fraud and the LIARS LOANS and warned of a catasrophic financial collapse if something was not done to fix the damage and stop the mortgage fraud. Here we are 3 years after the financial collapse which was done intentionally with the help of insider trading and the proof is on the you tube video entitled: CNBC ILLUMINATI CRASHES STOCK MARKET. They are still playing the same game up on Wall Street and Fannie and Freddie are still backing home loans. CNBC reported last fall that in the year 1999 the fraudsters made 60 trillion off of mortgage derivatives alone up on Wall Street. Yeah, it was a real party for them in 1999 and it still is. The same foreign multinationals who set us up to fail and robbed us in the BIGGEST PONZI SCHEME SWINDLE AND HEIST IN HISTORY, still have the same gambling problem up on Wall Street and it has not stopped because there is no political will to stop them. They have corrupted and hijacked America with the help of very many many treasonist politicians in Washington. Time to take our country back from these criminals who hate our freedom and our national sovereignty and want to destroy America.

  2. Wait…soon will be some action….the multinational fraudster banksters will pay for the many crimes they are guilty of…both in fines and prison. Mark my words…this has already started…the banks sheets lie and so do they…they do not own the mortgages. fraud was in the origination…the real lender/ creditor was not told to you and was not on the note or mortgage….that makes the loan null and void. But ‘ groups ‘ are gathering and soon demands will start to surface….FIGHT THE GOOD FIGHT…..law and order must prevail….and it will. Remember…the banks are NOT in good shape…now is the time to unite together from border to border….we can do it.

  3. Fury says:

    what is so hard to understand?!

    the villains in this giant ponzi scheme have made trillions of dollars in profits.
    they must compensate their victims.

    they have the money.
    someone just has to make them do it !

    let’s get the country back on track.

  4. Randolph Frodsham says:

    I’ve been saying for sometime now that (in California) we are no longer a government by law, but rather a government by privilege.

  5. lies all of it says:

    my gosh, does that run through everyones mind when they read the headline. why is this haapening to us. we were suckered into the mortgage intrest deduction otherwise most of us would have rented. why do this to people in a society that are hard working individuals. nurses like me are getting the raw end the wost because unlike teachers and government employees we are a proffesion where a large percenatge are hourly employees instaed of salaried. there for when we applied for mortgages our paychecks were always different. depended on if you worked 2 days in aweek and didnt get paid for the 3rd day or worked 3 days one week and worked over time. all different. the bottom line mortgage brokers had the means, and the opportuntiy to fook with our paychecks. like for me my application says “phone interview” ina 2006 emial she recieved my paycheck stubs. she still added 700 dollars more per month then i actually grossed?????? nurse usully work 3 days per week. i am a contract employee. i worked 3 sometimes 4 12 hr shifts per week. if you work overtime that can a hour a day but is not calculated in our yealy income. but who was watching these unscrupulous mortgage brokers, no one. same wiith our apppriasals. i am devistated, and stressed

  6. Bobbi Swann says:

    What an amazing article!!!! The truth be told. I only wish I could post this on my Facebook page but it’s too long for FB. This needs to be out in full public view!!!

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