The notion that the complexity of securities law makes white collar cases difficult for prosecutors to win is pretty broadly accepted these day—indeed, to the extent that the jury that acquitted former Citigroup executive Brian Stoker of civil charges this summer urged the Securities and Exchange Commission not to be discouraged by the verdict.
Well, there’s moral complexity (who’s ultimately responsible?), there’s procedural complexity (how do you explain financial concepts to a jury?) and then there’s the somnial complexity, the daunting task of keeping a jury awake. Read More