Time to Stop Living Vicariously: A Better Approach to Corporate Criminal Liability

American Criminal Law Review
12.24.09

Much has been said and written of late about the propriety of holding corporate entities vicariously criminally liable for the actions of their agents and the role a supposedly effective compliance program should play in corporate charging, liability, and sentencing decisions.  In this article, Barry Pollack uses his experience as a practitioner to argue that the current regime for prosecuting corporate entities for the criminal offenses of their agents does not work, and should be changed to allow for the criminal prosecution of those corporate entities that act with criminal intent.

 

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