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2014

Journal Articles

Criminal Law

Responsible corporate officer doctrine

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Full-Text Articles in Law

The Crime Of Being In Charge: Executive Culpability And Collateral Consequences, Katrice Bridges Copeland Jan 2014

The Crime Of Being In Charge: Executive Culpability And Collateral Consequences, Katrice Bridges Copeland

Journal Articles

This Article argues that the government's exclusion of executives who have been convicted as "responsible corporate officers" for a period longer than three years without any showing of moral blameworthiness is misguided. The responsible corporate officer doctrine is flawed because under the doctrine it is irrelevant that the executive did not intend for the misconduct to occur. It is not a defense that the executive delegated responsibility in good faith. Nor is it a defense that the executive is not knowledgeable about or did not participate in the misconduct. The only potential defense is impossibility, but it has never been …