Prosecuting white collar crimes is a “mind game” in more ways than one. This is another in my long series of profound grasps of the obvious. As a former federal prosecutor, the difference between a crime and compliant behavior often turns on the specific mind or intent of the actor. Unless you are a mind reader (i.e. Kreskin for you boomers), this is often a...
In an important decision, on July 6, 2016, the Eighth Circuit Court of Appeals affirmed the prison sentences imposed on Jack DeCoster, and his son, Peter, under the “responsible corporate officer” doctrine (aka Park doctrine) for their role in distributing eggs tainted by salmonella. (Here). In 2010, approximately 56,000 persons fell ill from salmonella after eating contaminated eggs. The outbreak was eventually traced back to...
In another setback last week, after a contentious criminal prosecution, the government dismissed its criminal charges against Federal Express. DOJ indicted Federal Express for drug trafficking relating to shipping of illegal online pharmacy drugs and related money laundering counts. Federal Express, unlike many corporations, decided to fight the charges and fight they did. Federal Express mounted a vigorous pre-trial assault and persuaded Judge Breyer (brother...
All generalizations are false, including this one — Mark Twain Proving intent is a difficult task. White collar crimes turn on the issue of intent – what was in the offender’s mind. With most things in life, people have mixed motivations. On occasion, however, it is very clear to understand an actor’s intent. Prosecutors cull through evidence looking for indications, signs of motivation, and ultimately...
Over the last ten to twenty years, we have witnessed the expansion of federal criminal prosecution of health and safety matters. Environmental and food and drug regulatory enforcement has been supplemented by aggressive criminal enforcement. In the last few years, we have seen some landmark criminal cases involving companies and executives for food safety violations. Compliance programs in these high-risk industries can literally be a...
Lauren Connell, Managing Associate at the Volkov Law Group, joins us again for a guest post. Lauren’s profile is here and she can be reached at [email protected]. The “I didn’t know” defense is a tough one to sustain. Maybe you didn’t “know,” but should you have known? Were all the signs there but you looked the other way? Should you have asked more questions? Is...
