Prosecutorial Discretion Flashcards
Will the defense of “other companies are doing it. So you cant force me to stop until you force them to stop to” work when being charged by an agency?
Yes. As long as:
1) It is raised to the FTC (or governing agency) first;
2) The agency abused their discretion in reaching the decision to only charge that company.
Will the court interfere with agencies prosecutorial discretion?
Rarely. The court does not interfere with agencies prosecutorial discretion very often. And then only when agencies abuse their discretion. But this is hard to prove.
Under G.E. v. Jackson, are Agency Enforcement Orders valid?
Agency Enforcement Orders require the company to either do something and then sue to recover, or to not do something and be sued by the agency.
In this case, the EPA wanted GE to clear up a waste site. If they did it, then it would cost them, then they could sue the EPA to recover the money if they were not liable. Or they could not do it, and the EPA would clean up the site and then sue GE and recover the costs plus punitive damages.
Court held this system was constitutional.
