JURI 615 Detailed Notes | 2026 Latest Update with
Complete Solution - Liberty University
Sec 100 – 200
Summary
The Principles of Federal Prosecution of Business Organizations provide guidelines for
prosecuting corporate wrongdoing while maintaining public trust in the justice system.
• Duties of Prosecutors and Corporate Leaders (§ 9-28.100)
o Corporate leaders have fiduciary duties to shareholders and obligations to deal
honestly with the public.
o Federal prosecutors must enforce the law while maintaining public confidence in
the justice system.
o Prosecutors should act professionally, consider corporate compliance efforts, and
acknowledge the broader impact of prosecutions on innocent stakeholders.
• Corporate Liability Considerations (§ 9-28.200)
o Corporations should not receive special treatment due to their artificial nature, and
accountability is crucial for deterring white-collar crime.
o There is no DOJ presumption for or against charging corporations; each case is
evaluated based on specific factors, including public harm and deterrent effects.
o Corporate prosecutions can prompt industry-wide compliance improvements and
serve as a deterrent.
o Alternative resolutions, such as Deferred Prosecution Agreements (DPAs) and
Non-Prosecution Agreements (NPAs), may be used instead of indictments in
certain cases.
o Prosecutors should weigh various factors, including a corporation's self-reporting,
cooperation, compliance efforts, and prior misconduct, before deciding on
criminal resolutions.
o Corporate criminal resolution agreements should be made public, except in
exceptional cases, to maintain transparency.
Notes
• Corporate leaders must balance fiduciary duties with ethical and legal
responsibilities.
• Prosecutors have broad discretion in charging corporations but must consider both
deterrence and fairness in their decisions.
• Alternative resolutions (DPAs and NPAs) serve as a middle ground between full
prosecution and declining to charge, particularly when compliance improvements are
expected.
• Public confidence is key—prosecutors must ensure justice while considering the broader
economic and social impact of corporate charges.
• Corporate prosecutions can lead to industry-wide reforms, making enforcement
actions an important regulatory tool.
• Transparency is emphasized—DOJ publishes most corporate resolution agreements for
public awareness.
, Sec 201 – 300
Summary:
Federal prosecutors and corporate leaders share the responsibility of upholding trust and legal
compliance. Prosecutors must enforce the law while ensuring corporate accountability does not
harm innocent stakeholders. Corporate liability is evaluated based on misconduct severity,
compliance programs, and self-disclosure. Individual wrongdoers should be prosecuted
separately, and corporate settlements should not shield them from liability. Factors such as the
nature of the offense, cooperation, compliance efforts, and victim impact influence prosecutorial
decisions.
Key Notes:
Duties of Federal Prosecutors & Corporate Leaders (9-28.100)
• Corporate leaders have fiduciary duties to shareholders and must act honestly with
investors and consumers.
• Prosecutors must ensure justice while maintaining public confidence in their methods.
• Corporate prosecution should consider collateral damage to employees and investors.
Corporate Liability (9-28.200)
• Corporations should not receive leniency due to their artificial nature, nor should they
be unfairly targeted.
• Charging corporations can deter misconduct and lead to industry-wide compliance
improvements.
• Alternative resolutions (e.g., deferred prosecution agreements) may be appropriate in
some cases.
Individual Accountability (9-28.210)
• Prosecuting individuals, especially high-level executives, is crucial for deterrence.
• Corporate settlements should not protect individuals from criminal liability.
• Federal prosecutors must assess whether foreign jurisdictions can effectively prosecute
individuals before deferring cases.
• Corporate liability follows the respondeat superior principle—corporations are
accountable for employees' illegal acts if done within job scope and intended to benefit
the company.
Factors in Charging Decisions (9-28.300)
Prosecutors weigh multiple factors, including:
1. Seriousness of offense – Risk to public and legal priorities.
Complete Solution - Liberty University
Sec 100 – 200
Summary
The Principles of Federal Prosecution of Business Organizations provide guidelines for
prosecuting corporate wrongdoing while maintaining public trust in the justice system.
• Duties of Prosecutors and Corporate Leaders (§ 9-28.100)
o Corporate leaders have fiduciary duties to shareholders and obligations to deal
honestly with the public.
o Federal prosecutors must enforce the law while maintaining public confidence in
the justice system.
o Prosecutors should act professionally, consider corporate compliance efforts, and
acknowledge the broader impact of prosecutions on innocent stakeholders.
• Corporate Liability Considerations (§ 9-28.200)
o Corporations should not receive special treatment due to their artificial nature, and
accountability is crucial for deterring white-collar crime.
o There is no DOJ presumption for or against charging corporations; each case is
evaluated based on specific factors, including public harm and deterrent effects.
o Corporate prosecutions can prompt industry-wide compliance improvements and
serve as a deterrent.
o Alternative resolutions, such as Deferred Prosecution Agreements (DPAs) and
Non-Prosecution Agreements (NPAs), may be used instead of indictments in
certain cases.
o Prosecutors should weigh various factors, including a corporation's self-reporting,
cooperation, compliance efforts, and prior misconduct, before deciding on
criminal resolutions.
o Corporate criminal resolution agreements should be made public, except in
exceptional cases, to maintain transparency.
Notes
• Corporate leaders must balance fiduciary duties with ethical and legal
responsibilities.
• Prosecutors have broad discretion in charging corporations but must consider both
deterrence and fairness in their decisions.
• Alternative resolutions (DPAs and NPAs) serve as a middle ground between full
prosecution and declining to charge, particularly when compliance improvements are
expected.
• Public confidence is key—prosecutors must ensure justice while considering the broader
economic and social impact of corporate charges.
• Corporate prosecutions can lead to industry-wide reforms, making enforcement
actions an important regulatory tool.
• Transparency is emphasized—DOJ publishes most corporate resolution agreements for
public awareness.
, Sec 201 – 300
Summary:
Federal prosecutors and corporate leaders share the responsibility of upholding trust and legal
compliance. Prosecutors must enforce the law while ensuring corporate accountability does not
harm innocent stakeholders. Corporate liability is evaluated based on misconduct severity,
compliance programs, and self-disclosure. Individual wrongdoers should be prosecuted
separately, and corporate settlements should not shield them from liability. Factors such as the
nature of the offense, cooperation, compliance efforts, and victim impact influence prosecutorial
decisions.
Key Notes:
Duties of Federal Prosecutors & Corporate Leaders (9-28.100)
• Corporate leaders have fiduciary duties to shareholders and must act honestly with
investors and consumers.
• Prosecutors must ensure justice while maintaining public confidence in their methods.
• Corporate prosecution should consider collateral damage to employees and investors.
Corporate Liability (9-28.200)
• Corporations should not receive leniency due to their artificial nature, nor should they
be unfairly targeted.
• Charging corporations can deter misconduct and lead to industry-wide compliance
improvements.
• Alternative resolutions (e.g., deferred prosecution agreements) may be appropriate in
some cases.
Individual Accountability (9-28.210)
• Prosecuting individuals, especially high-level executives, is crucial for deterrence.
• Corporate settlements should not protect individuals from criminal liability.
• Federal prosecutors must assess whether foreign jurisdictions can effectively prosecute
individuals before deferring cases.
• Corporate liability follows the respondeat superior principle—corporations are
accountable for employees' illegal acts if done within job scope and intended to benefit
the company.
Factors in Charging Decisions (9-28.300)
Prosecutors weigh multiple factors, including:
1. Seriousness of offense – Risk to public and legal priorities.
