{"id":17927,"date":"2023-03-04T21:50:38","date_gmt":"2023-03-04T21:50:38","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=17927"},"modified":"2023-03-04T23:35:42","modified_gmt":"2023-03-04T23:35:42","slug":"responsible-corporate-officers-doctrine","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=17927","title":{"rendered":"Responsible Corporate Officers Doctrine – corporate directors and officers are personally liable for crimes within their business"},"content":{"rendered":"
\u00a0 \u00a0 This page is continued from Civil Law Self-Help<\/a> >>>> 1.) Assess Your Case<\/a> >>>> Who is Liable for the Injury?<\/a> >>>>\u00a0Artificial Persons<\/a> >>>> Corporation<\/a>:
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\u00a0\u00a0 Corporate directors and officers\u00a0 are personally liable for the crimes they commit, regardless of whether the crimes\u00a0 <\/span><\/strong><\/span>were committed for their personal benefit or on the corporation’s behalf. Addi<\/span><\/strong><\/span>tionally, corporate directors and officers may be held liable for the actions of\u00a0<\/span><\/strong><\/span>emplovees under their supervision. Under the responsible corporate officer doctrine, a court <\/span><\/strong><\/span>may impose criminal liability on a corporate officer regardless of whether she or <\/span><\/strong><\/span>he participated in, directed, or even knew about a given criminal violation.<\/span><\/strong><\/span><\/div>\n
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CASE EXAMPLE The Roscoe family owned the Customer Company, which\u00a0<\/span><\/strong><\/span>coerced an underground storage tank that leaked gasoline. After the leak occurred<\/span><\/strong><\/span>, an employee, John Johnson, notified the state environmental agency, and the<\/span><\/strong><\/span> Roscoes hired an environmental services firm to clean up the spill. The clean-up<\/span><\/strong><\/span> did not occur immediately, however, and the state sent many notices to\u00a0<\/span><\/strong><\/span>John Roscoe, a corporate officer, warning him that the company was violating federal<\/span><\/strong><\/span> and state environmental laws. Roscoe gave the letters to Johnson, who passed them on to the environmental services firm, but the spill was not cleaned up.\u00a0<\/span><\/strong><\/span><\/div>\n
\u00a0\u00a0\u00a0\u00a0 The state eventually filed criminal charges against the corporation and the\u00a0<\/span><\/strong><\/span>Roscoes individually, and they were convicted. On appeal, the court affirmed the\u00a0<\/span><\/strong><\/span>Roscoes convictions under the responsible corporate officer doctrine. The Roscoes were in\u00a0<\/span><\/strong><\/span>positions of responsibility, they had influence over the corporation’s actions, and their failure to act constituted a violation of environmental laws. [1]
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[1]: Miller, Roger LeRoy. Business Law Today: 11th Edition<\/i>. Cengage Learning, 2017.\u00a0 p. 190.\u00a0 ISBN 978-1-305-64452-6<\/strong><\/div>\n<\/div>\n
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\u00a0 \u00a0 This page is continued from Civil Law Self-Help >>>> 1.) Assess Your Case >>>> Who is Liable for the Injury? >>>>\u00a0Artificial Persons >>>> Corporation: ****************************** \u00a0\u00a0 Corporate directors and officers\u00a0 are personally liable for the crimes they commit, regardless of whether the crimes\u00a0 were committed for their personal benefit or on the corporation’s … Continue reading Responsible Corporate Officers Doctrine – corporate directors and officers are personally liable for crimes within their business<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":9561,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-17927","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/17927","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17927"}],"version-history":[{"count":4,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/17927\/revisions"}],"predecessor-version":[{"id":17936,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/17927\/revisions\/17936"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/9561"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17927"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}