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The Honolulu Advertiser
Posted on: Friday, August 2, 2002

Arrests on camera mostly a show of government force

 •  Ex-WorldCom bosses charged

By Anne Gearan
Associated Press

WASHINGTON — Politicians have always known that the spectacle of the mighty brought low can appease an angry public. Lawyers say that is partly behind the decisions to haul wealthy executives from luxurious offices in handcuffs and accuse them of bilking ordinary investors.

It also is simpler for the public, and perhaps for jurors, to understand the prosecution of one or two people for corporate crimes, lawyers said, as the difficult case of accounting firm Arthur Andersen may prove.

The government went after Andersen as a corporation, alleging widespread and overlapping crimes by a variety of employees who did not face individual charges.

"You get a better headline by dragging somebody into custody in handcuffs than by indicting a faceless company," said Charles Rothfeld, a Washington corporate lawyer who helped defend the Andersen firm against federal obstruction of justice charges.

Yesterday's WorldCom arrests marked the second time in two weeks that news cameras caught executives of large corporations sporting handcuffs with their tailored suits. Both WorldCom and Adelphia Communications have filed for protection from creditors in bankruptcy court amid questions about accounting practices.

"They're starting to collect their poster boys," said Wall Street lawyer Brian Hoffmann. "With the visibility of arresting these people they're trying to send a message to ... the electorate that they're strong on corporate crime," and to other executives who might be tempted to loot the till, Hoffmann said.

While there may be some tactical legal reasons to target an individual executive rather than an entire company, the displays of government force are mostly for show, lawyers said.

"The way they arrested these guys is absurd," said Charles Roistacher, a former federal prosecutor turned white collar defense lawyer in Washington. "It's a perp walk, nothing more. These guys are not desperadoes. They didn't shoot up a bank or a 7-Eleven."

Both men surely would have cooperated had prosecutors followed the usual script. Typically, prosecutors and defense lawyers agree on a time for a big fish to surrender and be booked by a judge. The media may or may not find out.