Why the Justice Department Doesn't Indict Banks

Simon Johnson's column today focuses (as usual) on too-big-to-fail banks and asks who decided to make them immune from prosecution in the first place. He mentions a speech by Lanny Breuer, the outgoing head of the U.S. Justice Department's criminal division, who told the New York City Bar Association last September that decisions about whether to indict large corporations are the sorts of considerations that "literally keep me up night."

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