Tuesday, September 2, 2008
Reply Brief Filed in Ionia Case
The briefs are now all filed in the case of United States v. Ionia Management, the most recent being the Appellant's Reply Brief (see below). The briefs are:
Defendant-Appellant's Brief - here
Government-Appellee Brief - here
Amicus Brief - here
Defendant-Appellant's Reply Brief -
Download ionia_reply_final_82908.pdf
Although there are many worthwhile issues in this case, one particular focus is on whether there was sufficient evidence "to establish vicarious criminal liability for a corporate defendant under respondeat superior" and whether there was error in the "trial court's instructions on corporate liability." This case forcefully takes on corporate criminal liability both from a policy perspective and in its application. This is clearly a case that needs to be closely followed.
(esp)
https://lawprofessors.typepad.com/whitecollarcrime_blog/2008/09/reply-brief-fil.html