Nicolas Bourtin Authors New York Law Journal Article on Hindsight Bias in White-Collar Criminal Investigations

April 3, 2017

On April 3, the New York Law Journal published an article authored by Nicolas Bourtin titled “Combatting Hindsight Bias in White-Collar Criminal Investigations.” Nicolas wrote about how hindsight bias can potentially lead regulators, judges and juries in white-collar criminal investigations to overestimate the foreseeability of the negative outcome of a past action. “White-collar criminal investigations are often heavily outcome-driven, leaving them especially vulnerable to the distortions of fairness and rationality that hindsight bias can produce,” he wrote. He called for the white-collar community to increase awareness of hindsight bias and address the issue, writing, “If the law fails to correct for this error, then legal decision makers have little chance of encouraging rational risk-mitigation and ensuring the fair administration of justice.”