Corporate Criminal Liability is the liability imposed upon a corporation for any criminal act done by any natural person. This liability is imposed to regulate the acts of a corporation. Any corporation can be made liable for act of its agent if an individual commits a crime, acts within the scope of employment with the intent to benefit the corporation.
Additionally, the responsible corporate officer (RCO) doctrine holds that a corporate officer is indirectly liable for a subordinate’s criminal conduct when the officer is in charge. The corporate officer is subject to prosecution if he has the authority and the ability to stop the offense but fails to act. It is important to note that the RCO doctrine does not require proof that the officer either participated in or authorized the crime.
When is Best Time to Act?:
Corporate Criminal Liability that can lead to an indictment can be lengthy, so it is important to seek legal advice from experienced criminal defense attorney as soon as you become aware that you could potentially be subject of the investigation and/or are under threat of indictment. Contact our experienced NY criminal defense attorneys today at 844-227-1981.
Types of Charges:
Corporate Criminal Liability may encompass a number of charges such Grand Larceny, Falsifying Business Records, Fraud and Money Laundering.
Corporate Criminal Liability schemes:
Corporate Criminal Liability schemes range from acts committed by individuals involved in, but not limited to fraud, having their employees work under exceptionally dangerous and illegal conditions, doctoring business ledgers and making false statements.
Crimes Related To Corporate Criminal Liability:
Crimes that can be related to, but not limited to, are Tax Evasion, False Statements and Scheme to Defraud.
There are various local and federal laws in place designed to protect the public against corporate crime. Dependent on the corporate crime, both the local and/or federal government can prosecute. Contact our NT white collar defense attorneys to discuss your specific concerns or questions about corporate crime charges.
Penalties/Punishment for Corporate Criminal Liability:
Some of the collateral consequences of corporate criminal activity include:
- Revocation of the corporate charter by state authorities.
- Civil penalties under the False Claims Act.
- Securities brokers can also face cease and desist orders and injunctions regarding their participation in securities transactions.
- A federal contract can also be suspended based on modest evidence of fraud or theft.
Successful Defense to “Corporate Criminal Liability”
It can be helpful (in reducing liability) if the employee committed a corporate crime outside his/her authority or company policy.
Differences between State & Federal Charges
These crimes are not merely prosecuted by the United States Attorney’s Office, but state and local offices such as the Manhattan District Attorney’s Office aggressively pursues these cases and crimes. Both agencies can charge an individual or corporation for Corporate Criminal Liability.
High Profile/ Govt. cases of Corporate Criminal Liability
On April 30, 2014 Manhattan District Attorney Cyrus R. Vance, Jr., announced the conviction of STRUCTURE TONE, INC. (STI), a Manhattan-based company, for falsifying purchase orders with the intent to defraud their construction management clients. The company was charged with and pleaded guilty to Falsifying Business Records in the First Degree and will forfeit $55 million.
The New York County District Attorney website also added, “Interiors construction is a multi-billion dollar industry in New York City and is vital to our city’s economy,” said District Attorney Vance. “Structure Tone’s felony plea and forfeiture of $55 million – one of the largest forfeitures ever imposed on a construction company – sends a clear message that this type of criminal activity will not be tolerated.”
If you are facing Corporate Criminal Liability charges, a government investigation or some other enterprise corruption violation, you need a white collar defense attorney who can get you the best results. The Blanch Law Firm has aggressively fought for our clients’ freedom for years. Contact our expert criminal defense attorney team today by calling 844-227-1981.