There is also evidence to suggest that prosecutors are likely
to be more lenient with respect to white collar crime than in the
case of street crime. A striking example is provided by a recent
study of the federal Occupational Safety and Health Administration
(OSHA).53 During the period from 1982 to 2002, the
agency investigated 1,242 cases in which it concluded that workers
had died because of “willful” safety violations on part of their
employers. All of these cases would seem to have involved a violation
of criminal law. Yet in ninety-three percent of the cases,
OSHA declined to prosecute, apparently owing to a “culture of
reluctance [that] rules [the agency] regardless of which party
controls Congress or the White House.”5