Friday, June 8, 2018
Harry First (New York University School of Law) has posted General Principles Governing Criminal Liability of Corporations, Their Employees and Officers (White Collar Crime: Business and Regulatory Offenses (Obermaier, Morvillo, Anello and Bohrer, eds.) (Law Journal Seminars Press) (2017)) on SSRN. Here is the abstract:
This chapter provides a general review of the basic principles governing corporate criminal liability in the United States, as well as the principles governing the criminal liability of corporate employees and officers. The chapter reflects the dramatic increase in the prosecution of business crime since the mid-1980s, both on a federal and state level. The chapter includes current criticisms of corporate criminal liability as well as the potential development of an organizational approach to such liability; developments in the use of corporate compliance programs and their legal impact; developments in the responsible corporate officer doctrine and the doctrine of willful blindness; and developments in individual defenses based on misunderstanding of the law and claims of constitutional vagueness in business crime statutes. The chapter also includes a section on prosecutorial policies, including the legal issues involved in deferred prosecution and non-prosecution agreements and the special problems of internal corporate investigations.