Analysis

Corporate Guilt Seen As Unfair Weapon Against Individuals

Law360 (May 21, 2019, 10:46 PM EDT) -- A Senate bill that would make executives criminally liable for the deeds of their companies calls attention to an existing conflict on criminal liability in which judges and attorneys alike have raised questions of fairness about prosecutors trying to use corporate settlements at employees' trials.

The bill introduced by Sen. Elizabeth Warren, D-Mass., last month aims to make it easier to prosecute executives for a corporation’s misdeeds by making them criminally liable after a company settles with the government.

Warren’s bill inverts long-standing theories of individual and corporate liability, said Ellen S. Podgor, a law professor at Stetson University who teaches...

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