Government allegation and prosecution of white collar crime is a major risk for
ID: 332546 • Letter: G
Question
Government allegation and prosecution of white collar crime is a major risk for corporations and management. Complying with all laws and regulations has never been more important. For this discussion post, you will read and think about the trend toward strict liability for corporate wrongdoing.
Read these two paragraphs: (1) Criminal Liability page 696 explaining the two parts of a crime: the act or omission (actus reus) and the subjective state of mind (mens rea); (2) Individual Liability for Business Crimes page 699 explaining strict liability and the Park Doctrine. What are your thoughts about strict liability for corporate crimes? What does this mean for you as a corporate manager, officer, or director?
Explanation / Answer
1. STRICT LIABILITY FOR CORPORATE CRIMES:
A crime that is committed by a person in the organisation for the benifit of his business is called corporate crime. Now a days in the companies mant people working in good positions are involving in corporate crimes. The crimes which is committed by the managers, suoeriors and other top level persons for the benefit of busines is corporate crime.
Corporate criminal liability means even in absence of criminal intense if any person did the act for the benefit of business. Corporate liability in mens rea stated that the senior official person's fraudulent act by the same person with the interest of the business. But the cout seems it as that its is not necessarily the person physically present for the act if corporate criminal but with minds influence if he does the criminal work then he is said to be the strictly liable for his corporate liability.
The directing mind of the corporate assigning job or employment for the workers to do the work with the intension of crime act for business benefit. This is said to be the strictly corporate liability.
2. STRICT LIABILITY FOR CORPORATE CRIMES AS A CORPORATE MANAGER OFFICER OR DIRECTOR:
As a corporate manager, officer or director the corporate crimes are the act which is beyond the law and with directive mind to assign a job to act corporate crime for business benefit. Usually the manager, officer or director are act on the crime with or without the intention to do the crime act.
Strict liability for a higher officials are mainly with the intention to the benefit of business and for their survival and growth in their work place. They may physically present at the situation or may act as directing mind to perform the act which regards as criminal activity.
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