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NY prosecutors favor self‑reporting, let Drexel, SAC Capital walk free

Financial Times Companies •
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U.S. attorneys in the Southern District of New York told a federal court that firms that voluntarily disclose wrongdoing can avoid prison terms for their executives. The court heard that self‑report mechanisms allowed the former investment banks Drexel and SAC Capital to walk free despite massive fraud allegations, and avoided civil penalties that could have run into hundreds of millions.

Prosecutors had built a reputation for harsh sentences in the early 2000s, securing decades‑long prison terms for traders at firms like Goldman Sachs and JPMorgan. The current team, led by U.S. Attorney Geoffrey Berman, argues that incentivizing early cooperation yields more information and spares resources, even if it softens the punitive edge.

Investors worry the lenient approach could erode deterrence, prompting firms to gamble on under‑reporting rather than investing in robust compliance programs. Credit rating agencies may revisit risk models that factor in legal exposure, while hedge funds could adjust valuations of firms with histories of regulatory breaches, anticipating lighter penalties and potentially influence merger activity in the sector.

The courtroom shift signals that future enforcement may prioritize information gathering over punitive spectacle. Companies facing investigations are likely to lean on self‑disclosure as a strategic tool, while regulators will need to balance cooperation incentives against the risk of appearing soft on financial crime. The policy change already reshapes compliance budgeting for major banks globally.