Corporate Criminal Liability - Perspectives from the US, UK and France
In the US, the principle underlying corporate criminal liability is respondeat superior. In essence, an organisation is responsible for all its employees’ actions done in the course and scope of their employment and, at least in part, for the benefit of the corporate. Although some American states have different rules, in federal jurisprudence it is not necessary that the employee have a certain level of corporate responsibility, such as being able to speak for the corporate, being part of a control group or being a directing mind. It has long been US law that a corporate can be criminally liable based on any of its employees’ actions, despite not having a soul to damn nor body to kick, as the saying goes. And the same applies to partnerships, closely-held companies with a small group of controlling shareholders and limited liability companies.
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