Jed S. Rakoff
Jed S. Rakoff
Jed Saul Rakoffis a United States District Judge on senior status for the Southern District of New York...
NationalityAmerican
ProfessionJudge
Date of Birth1 August 1943
CountryUnited States of America
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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.
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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.
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If you prosecute a CEO or other senior executive and send him or her to jail for committing a crime, the deterrent effect in my view vastly outweighs even the best compliance program you can put in place.
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Judges are the people who have to protect the rights of individuals, have to protect the rights of minorities, have to protect the rights in the Constitution, have to protect the requirement that the executive and the legislature not simply exercise raw power but adhere to standards of reasonableness and constitutionality.
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I was always attracted to taking a novel position, but one grounded in the materials I'd been given, not made up out of whole cloth.
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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?
When I was a kid, and for many years after, I was your classic afraid-to-dance-type person.
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If, in the name of combating terrorism, we so restrict our own freedom, have we not thereby lost part of the very battle we seek to win?
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I have huge respect for Preet Bharara, a great U.S. Attorney by any measure. But even great men can make mistakes.
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I don't have any respect for judges who arrive at the result first, and then try to figure out some way they can bend the law to reach their particular predilections.
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I admired Truman, among many other things, because he integrated the Army. I admired JFK because the very first civil rights legislation was passed at his insistence. JFK showed what you could do, though he was a deeply flawed person, as we all now know.
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Everything needs to be public. The legitimacy of the courts comes from the fact that they reason openly, on the record, based on facts.
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One of the many things I like about baseball is how it combines individual talent and teamsmanship.
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The price of being a nice guy is too high - much too high - in terms of the system of justice.