Tuesday, January 20, 2009

Second Circuit Affirms Ionia Management Case

The Second Circuit Court of Appeals affirmed the case of U.S. v. Ionia Management  rejecting the amici curiae argument regarding vicarious liability (for background see here).  The court stated:

"Adding such an element is contrary to the precedent of our Circuit on this issue. See Twentieth Century Fox Film Corp., 882 F. 2d at 660 (holding that a compliance program, "however extensive, does not immunize the corporation from liability when its employees, acting within the scope of their authority, fail to comply with the law"). And this remains so regardless of asserted new Supreme Court cases in other areas of the law. As the District Court instructed the jury here, a corporate compliance program may be relevant to whether an employee was acting in the scope of his employment, but it is not a separate element."

Opinion - here

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2009/01/second-circuit.html

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