ABSTRACT
This chapter examines the tensions involved in the policing, prosecution and non-prosecution and sentencing of serious economic crimes, focusing principally upon the UK but referring also to other jurisdictions such as Brazil and the USA. It examines the organisational and political tensions surrounding the process of making cases more efficient as well as the criminalisation process itself. The chapter reviews the political dimensions surrounding prosecutions and non-prosecutions and of sentencing, and asks how to develop a system that is and is seen to be politically impartial, vigorous and fair to defendants. The emotional contradiction many people experience when reviewing the prosecution of white-collar crime is that convicting 'the suits' may be seen as a necessary prerequisite of 'equal justice'. The law imposes strict civil and administrative liability upon Brazilian companies for acts of domestic and international corruption, and on foreign companies operating in Brazil. The Clean Companies Act prohibits facilitation payments and makes no exception for small bribes.
