ABSTRACT

This chapter examines the issue of too big to fail and too powerful to jail in the context of convenience theory, based on the private internal investigation report of Lehman Brothers by Anton R. Valukas. Convenience theory was introduced to integrate a number of theoretical approaches to explaining and understanding white-collar misconduct, which was first defined by Edwin H Sutherland. The chapter adds a reason for lack of prosecution of executives in the elite group. It also discusses a reason for the lack of prosecution of senior executives. Powerful executives avoided police investigation, public prosecution and potential jail sentences because they were subject to private internal investigations. Kern Wildenthal had successfully created a medical center at the University of Texas in United States, and he felt entitled to benefit from the success in the behavioral dimension of convenience theory. Valukas submitted a report to the board of directors of General Motors Company regarding ignition switch recalls.