What The Appointment Of Jess Sessions Might Mean For Corporate Criminal Law

One of the biggest reasons people feared a Trump administration is because, being a businessman himself, some Americans worry that he will give special favors to corporations. Since the Attorney General is responsible for prosecuting corporate crimes, many are wondering how Jess Sessions’ appointment might affect corporate prosecutions in the future. Many civil liberties and civil rights groups are in direct opposition to a Sessions’ appointment for significant reasons.

Flashback to when George W. Bush nominated John Ashcroft: many worried that Ashcroft would be more lenient on corporate indiscretions and crime, but that didn’t happen. In fact, he was responsible for one of the highest number of criminal prosecutions in history. With Ashcroft in charge during such scandals as Worldcom, Enron and watching the dot-com burst, the Department of Justice indicted many high-profile offenders during the George W. Bush Administration. Big corporate heads like Arthur Andersen went bust, thanks to Ashcroft’s diligence.

So, should corporate America be happy or not about Sessions’ appointment? Many who know his record believe that they should expect the same from Sessions as they did from Ashcroft — swift and severe punishment for crimes. The Department of Justice consists of very few politicians. It is made almost wholly from career prosecutors, which is unlikely to change. So, although Sessions will have some effect, it is likely to be limited.

Sessions is probably going to enhance the Department of Justice’s enforcement of immigration laws, which means that corporations may face stiffer and harsher punishments when they decide to employ undocumented help. Senator Sessions also has a good record when it comes to white-collar crimes. He has consistently favored a more aggressive approach to enforcing the law. So civil liberties organizations should have their fears calmed, but corporate America may have to be on their toes.

Sessions worked for the Department of Justice for 14 years as an Assistant US Attorney in Alabama, and 12 years as a US Attorney. It is hard to tell from his experience if he will be tough on corporate crime, because very few corporations resided in his district.

He is slated as taking a major role in the Savings and Loan fraud prosecution, however, which occurred when he was a US Attorney. His handling of the situation proved that he took criminal law seriously, regardless of whether it was white-collar crime or not. “A crime is a crime,” in Sessions’ own words.

When BP had the oil spill, Sessions is on record as stating that they should be held liable for what was their responsibility. He went on to say that there is no such thing as being too big to fail. That means that he is unlikely to be swayed by the economic impact that the fall of a corporation could have in relation to their criminal activity prosecution. Crime needs to be punished when it is committed, no matter who the defendant is or what type of influence they have.

Sessions believes the whole notion of “too big to fail” is fundamentally dangerous. If the courts prosecute according to shareholders and stakes, then there is no honesty or realism in criminal law. If a corporation is defrauding people, then they are hurting everyone.

He is also not in favor of allowing boards or any consumer attorney to mitigate the details of any case, nor does he believe corporations should be allowed to handle an investigation alone without the intervention of the Justice Department. Sessions has publicly stated several times that there is no such thing as privilege when it comes to corporate crimes.

Although many on the left are concerned that Sessions is too conservative to become the District Attorney for a Trump administration, they are overlooking his statements and his conduct when it comes to criminal law and corporate crime. With the public statement that a crime is a crime regardless of who perpetrates it, Sessions’ appointment is likely to come down hard on corporate crime, not afford it leniency.

The ones who should probably fear an appointment are those in the corporate world who are guilty of wrongdoing. Shown to be fair-minded and not ascribe to any notions of privilege, Sessions has a record of being tough on crime, even corporate criminals.