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"Wal-Mart pays $2M to avoid charges in death probe"

By Douglas A. Berman

The title of this post is the headline of this new AP article.  Here are some of the details of an interesting story that raises interesting issues related to corporate criminal liability, the purposes of punishment and prosecutorial discretion: Wal-Mart agreed Wednesday to pay nearly $2 million and improve safety at its 92 New York stores as part of a deal with prosecutors that avoids criminal charges in the trampling death of a temporary worker. Nassau County District Attorney Kathleen Rice, who began a criminal investigation shortly after last November's customer stampede at Wal-Mart's Valley Stream store, said that if she had brought criminal charges against the retailer in the worker's death, the company would have been subject to only a $10,000 fine if convicted...continue to full post

Full post as published by Sentencing Law and Policy on May 06, 2009 (boomark / email).