Companies do not commit crimes; only their agents do. And while a company might get the benefit of some such crimes, prosecuting the company would inevitably punish, directly or indirectly, the many employees and shareholders who were totally innocent. Jed S. Rakoff agentbenefitcommit share on social
When I was a kid, and for many years after, I was your classic afraid-to-dance-type person. Jed S. Rakoff afraidclassicdance Change image and share on social
Judges have to be neutral, but they don't have to be eunuchs. Jed S. Rakoff eunuchjudgeneutral Change image and share on social
I've never been impressed with bureaucratic tradition. I don't like it when the parties come to me and say, 'This is the way that it's always done, judge.' I never found anything in the oath I took or the statutes I was asked to look at that said, 'Judge, stop thinking, because this is the way it was done before.' Jed S. Rakoff askbureaucraticfind share on social
It's very hard to uphold individual liberty when the person you're representing is often a crook. Jed S. Rakoff crookhardindividual Change image and share on social
Once I really got into securities fraud prosecutions, I came to realize how central they were to the maintenance of a free market and how, in many ways, they are far more important to the welfare of our society than many of the more sensational criminal cases that one hears about. Jed S. Rakoff casecentralcriminal share on social
If crimes are committed, they are committed by people; they are not committed by some free-floating entity. These companies and other entities don't operate on automatic pilot. There are individuals that make decisions - and some make the right decisions, and some make the wrong decisions. Jed S. Rakoff automaticcommitcompany share on social
I have huge respect for Preet Bharara, a great U.S. Attorney by any measure. But even great men can make mistakes. Jed S. Rakoff attorneybhararagreat Change image and share on social
In baseball you have individual responsibility, and if you fail it, you get an error. But at the same time, your focus is on the common goal of the team to win. This is part of what resonates with people about baseball. This is how they would like society to work. Jed S. Rakoff baseballcommonerror share on social
Why should the court impose a judgment in a case in which the SEC alleges a serious securities fraud, but the defendant neither admits nor denies wrongdoing? Jed S. Rakoff admitallegecase Change image and share on social