Preventing A Personal Indictment Crisis — Part II

Law360, New York (February 23, 2009, 12:00 AM EST) -- In the first installment of this article, we reviewed some of the issues concerning white collar criminal indictment and prevention. We will continue here with a look at criminal intent, “theft of services,” bonuses and other issues.

The financial crisis has wrought troubling assaults on traditional standards of criminal intent, the bulwark of the determination of guilt and innocence. Conduct that would formerly have only been breaches of fiduciary duty and/or contract is becoming foundations upon which to charge crimes. The line between purely civil or...
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