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ProfessorGAC

(77,306 posts)
7. A Bit Understated
Sat Jun 26, 2021, 03:32 PM
Jun 2021

There are elements to safety & environmental laws that put quite a burden on managers.
Many are written to the effect "if a manager knows or should have known ...".
It becomes incumbent on managers to know that those elements are well operating because the liability can be assigned as a result of both negligence & incompetence. That " should have known " is a tough standard.
I know this intimately because I was in management of a US multinational. We were reminded regularly what aspects could make us personally liable.
To be fair, prosecutors would not criminally charge the company, and throw me in jail if they were convicted.
They would indict me, too. We'd have to ask a lawyer if they could prosecute both defendants in the same trial.
Maybe in this hypothetical, I would get my own trial.
I know a guy who actually was convicted of an environmental offense. It was pretty egregious, but modest impact. He got fined big (had to take 2nd mortgage to pay the fine), and got 6 months probation. I don't recall if the company & he had separate trials. I looked up the info 6 or 7 years ago.

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A mail room clerk. lpbk2713 Jun 2021 #1
Nobody, if just the corporation is convicted. It will be fined, possibly heavily, Ocelot II Jun 2021 #2
What about a decision the corporation made that led to deaths? tia uponit7771 Jun 2021 #4
Depends on whether that action constituted a statutory crime. Ocelot II Jun 2021 #5
This is what I found: hookaleft Jun 2021 #3
But but but EarlG Jun 2021 #6
A Bit Understated ProfessorGAC Jun 2021 #7
Per republicans . ... Lovie777 Jun 2021 #8
Corporations are, by definition... sometimes MILLIONS of people WarGamer Jun 2021 #10
A Corporation can't commit a crime. WarGamer Jun 2021 #9
The Department of Justice disagrees. Ocelot II Jun 2021 #11
which jail cell does the Corporation go in? (lmao) WarGamer Jun 2021 #12
Jail isn't the only penalty for committing a crime. Ocelot II Jun 2021 #13
You're right, of course... WarGamer Jun 2021 #15
I'm not a knee-jerk corporation hater. Ocelot II Jun 2021 #17
You are confusing being charged with, and convicted of, a crime Ms. Toad Jun 2021 #14
I was being flippant, because an "entity" can't commit a crime. WarGamer Jun 2021 #16
The entity most certainly can commit a crime. Ocelot II Jun 2021 #18
That's what I just said... WarGamer Jun 2021 #20
What you said is that *an entity can't commit a crime*, which isn't correct. Ocelot II Jun 2021 #22
Ok... don't believe ME then... how about this Lawyer/Educator? WarGamer Jun 2021 #23
Legally - an entity can commit a crime. n/t Ms. Toad Jun 2021 #19
semantics... WarGamer Jun 2021 #21
It is not semantics. It is the law. Ms. Toad Jun 2021 #24
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