U.S. Senate Majority Whip Dick Durbin, Chair of the Senate Judiciary Committee, led a hearing entitled "Cleaning Up the C-Suite: Ensuring Accountability for Corporate Criminals" on December 12, 2020. During the hearing, Durbin questioned Department of Justice (DOJ) officials and witnesses, seeking answers about holding individuals accountable for corporate crimes.
Durbin first directed his questions to Matthew Olsen, Assistant Attorney General for National Security, regarding the prosecution of Lafarge, a company that paid millions to terrorist groups for permission to operate a cement plant in Syria. Durbin expressed concern about the increasing trend of resolving corporate crime cases without any individual liability or accountability. He asked why no Lafarge executives were charged in the United States. Olsen responded that the DOJ worked closely with French authorities to ensure that the prosecution covered all wrongdoing.
Durbin then turned his attention to Nicole Argentieri, Acting Assistant Attorney General for the Criminal Division, and questioned her about the Sackler family, owners of Purdue Pharma, whose products and practices substantially contributed to the opioid epidemic in the United States. Durbin expressed his dissatisfaction with the fact that no member of the Sackler family has ever been charged with a crime. Argentieri stated that the DOJ is committed to utilizing all tools to combat the opioid crisis but could not discuss how the decision to charge someone is made.
Durbin expressed his frustration with the outcome, stating, "When the Sackler family ends up with billions of dollars and walks away from the devastation it created—it’s just unacceptable. The message is basically 'if you have enough money, you can game the system and walk away with plenty of billions left over.'" He emphasized the need for accountability and justice for the victims of corporate crimes.
Ryan Hampton, an addiction recovery advocate and victim of Purdue Pharma's opioid scandal, shared his own experience and thoughts on the Sackler family escaping liability. He called for real justice for the families who have lost loved ones due to the Sackler family's crimes.
Durbin also questioned Andrew Lelling, former United States Attorney for the District of Massachusetts, about lawyers rushing to settlements instead of demanding accountability for individuals' criminal activity. Lelling emphasized the importance of criminal prosecution in cases of corporate wrongdoing, stating, "If there is criminal wrongdoing, there should be criminal prosecution."
The hearing took place following the reintroduction of the Corporate Crime Database Act, a bill that would require the DOJ to collect, analyze, and publish comprehensive data on federal corporate criminal enforcement actions. Durbin, along with U.S. Senator Richard Blumenthal and U.S. Representative Mary Gay Scanlon, introduced the legislation. The bill aims to address the significant decline in corporate criminal prosecutions over the last two decades.
Durbin and his colleagues have been advocating for increased transparency and reforms in corporate crime enforcement. Last October, they successfully urged the DOJ to enhance its corporate crime data collection and increase transparency about its efforts to combat corporate crime. In May, the DOJ announced the launch of a new corporate crime section on its public website, including a searchable corporate crime database.
Durbin's questioning during the hearing shed light on the need for accountability and justice in cases of corporate crimes. The hearing served as a platform for discussing the importance of prosecuting individuals responsible for corporate wrongdoing and preventing wealthy individuals and corporations from escaping liability.
For additional details, please follow this link: https://www.judiciary.senate.gov/press/releases/durbin-questions-doj-officials-witnesses-during-senate-judiciary-committee-hearing-on-ensuring-accountability-for-corporate-criminals
