It is not just individuals that can be charged with a crime; even corporate entities may be found criminally liable for their actions. If you own a business, it's in your best interest to know when it may be faced with criminal charges based on actions committed by individuals connected with the business. Here are three cases in which a company may be charged with a crime committed by its agents:
The Company Benefited From the Crime
A company is likely to be charged with a crime if there is proof that it directly benefited from the crime. Consider an accountant who cooks their company's books to help their employer avoid tax; in this case, the company benefits and can be charged with the crime of tax evasion. Contrast this with an accountant who inflates some expenses so that they can pocket some of the company's cash; in this case, the company doesn't benefit and won't be charged with a crime.
The Company's Agent Acted within the Scope of Their Normal Duties
Another thing the court will analyze is whether person who committed the crime was acting in their personal capacity or on behalf of the company. If the perpetrator was discharging their normal duties, then it means they were acting on behalf of the company and the company is criminally liable.
For example, if a company driver uses their company's car as a gateway driver after hours (and without the company's knowledge), then the company can't be charged with the crime. However, if the same company driver is given (by their employer) boxes of illegal drugs to transport, then the company must pay for the crime.
There Are Statues or Laws That Make the Act a Crime
Both state and federal laws have been enacted to control different companies in different industries. For example, there are laws governing the disposal of chemical garbage, and every company that produces such garbage must follow such laws. Any company that violates the law, say by dumping its dangerous chemicals in a local water catchment area commits a crime. In such a case, the company automatically becomes criminally liable for the crime. Another example is the issue of tax, which all businesses (except exempt ones) are expected to pay. A company that fails in this duty automatically commits a crime.
The company will need to defend itself just like any other criminal suspect. Therefore, you need a criminal defense lawyer, preferably one with experience in similar cases, to help you with the defense. Contact a law office like Daniels Long & Pinsel for more information and assistance.
Share23 August 2017
The court system can seem frightening and confusing if you're not used to using it. Whether you've been accused of a crime and you're trying to navigate the criminal court system, or you're being sued or considering suing someone else in civil court, you need an advocate who knows their way around. That's why finding the right lawyer for the job is so important. In this blog, I'll be helping you learn how to choose the right lawyer for the job and sharing information about legal strategies and courtroom procedures that you may come across when you have a legal problem. You need accurate information to help you understand the court system, and this blog can help.