Companies do not commit crimes; only their agents do. And while a company might get the benefit of some such crimes, prosecuting the company would inevitably punish, directly or indirectly, the many employees and shareholders who were totally innocent.

Jed S. Rakoff

Categorized in : Some Employees Company Innocent

I've never been impressed with bureaucratic tradition. I don't like it when the parties come to me and say, 'This is the way that it's always done, judge.' I never found anything in the oath I took or the statutes I was asked to look at that said, 'Judge, stop thinking, because this is the way it was done before.'

Jed S. Rakoff

look me tradition thinking

Judges are the people who have to protect the rights of individuals, have to protect the rights of minorities, have to protect the rights in the Constitution, have to protect the requirement that the executive and the legislature not simply exercise raw power but adhere to standards of reasonableness and constitutionality.

Jed S. Rakoff

constitution power exercise people

It's very hard to uphold individual liberty when the person you're representing is often a crook.

Jed S. Rakoff

person you hard liberty

Judges have to be neutral, but they don't have to be eunuchs.

Jed S. Rakoff

neutral judges

Once I really got into securities fraud prosecutions, I came to realize how central they were to the maintenance of a free market and how, in many ways, they are far more important to the welfare of our society than many of the more sensational criminal cases that one hears about.

Jed S. Rakoff

realize free society important

I admired Truman, among many other things, because he integrated the Army. I admired JFK because the very first civil rights legislation was passed at his insistence. JFK showed what you could do, though he was a deeply flawed person, as we all now know.

Jed S. Rakoff

person know you army

In my experience, most federal prosecutors, at every level, are seeking to make a name for themselves, and the best way to do that is by prosecuting some high-level person. While companies that are indicted almost always settle, individual defendants whose careers are at stake will often go to trial.

Jed S. Rakoff

name best experience way

I was always attracted to taking a novel position, but one grounded in the materials I'd been given, not made up out of whole cloth.

Jed S. Rakoff

out up always position

Why should the court impose a judgment in a case in which the SEC alleges a serious securities fraud, but the defendant neither admits nor denies wrongdoing?

Jed S. Rakoff

why fraud judgment serious

I don't have any respect for judges who arrive at the result first, and then try to figure out some way they can bend the law to reach their particular predilections.

Jed S. Rakoff

result respect law way

The price of being a nice guy is too high - much too high - in terms of the system of justice.

Jed S. Rakoff

price high nice justice

An application of judicial power that does not rest on facts is worse than mindless, it is inherently dangerous. If its deployment does not rest on facts - cold, hard, solid facts, established either by admissions or by trials - it serves no lawful or moral purpose and is simply an engine of oppression.

Jed S. Rakoff

rest purpose power facts

If, in the name of combating terrorism, we so restrict our own freedom, have we not thereby lost part of the very battle we seek to win?

Jed S. Rakoff

win terrorism freedom battle

When I was a kid, and for many years after, I was your classic afraid-to-dance-type person.

Jed S. Rakoff

your person kid classic

I have huge respect for Preet Bharara, a great U.S. Attorney by any measure. But even great men can make mistakes.

Jed S. Rakoff

mistakes great respect men

If you prosecute a CEO or other senior executive and send him or her to jail for committing a crime, the deterrent effect in my view vastly outweighs even the best compliance program you can put in place.

Jed S. Rakoff

view place best you

I think it's common sense to say that the longer away from a crime it gets prosecuted, the less deterrent effect there is.

Jed S. Rakoff

say think common-sense crime

Everything needs to be public. The legitimacy of the courts comes from the fact that they reason openly, on the record, based on facts.

Jed S. Rakoff

fact everything reason facts

I have a past of making a fool of myself.

Jed S. Rakoff

making myself fool past

One of the many things I like about baseball is how it combines individual talent and teamsmanship.

Jed S. Rakoff

things like talent baseball