Abstract
In his classic paper, The Serpent Beguiled Me And I Did Eat, Gerald Dworkin makes the case that, without probable cause, the use of Proactive Law Enforcement Techniques (PALETs) is morally imper missible. Call this prohibition Dworkin's Rule (DR). Here we argue that there are two reasonable exceptions to DR?the use of PALETs, without probable cause, is justified when employed against High Level Govern ment Officials (HLGOs) and High Level Business Officials (HLBOs). Moreover, these exceptions are consistent with Dworkin's notion of Ideal Criminal Sanctioning. Finally, if society were to endorse the use of PA LETs on HLBOs, we might be able to dispose of the current bane of American business, the Sarbanes-Oxley Act of 2002, and let business get back to the business of business.
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