Guide · Criminal
White-Collar Crime and Corporate Criminal Liability: A Comprehensive Guide
31 U.S.C. § 5324
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-03-12
- Topic
- Criminal
Corporations can commit crimes, and in the federal system they do so easily: under respondeat superior a company is criminally liable for an employee's offense committed within the scope of employment and at least in part to benefit the company, and the collective-knowledge doctrine can assemble scienter from fragments spread across the org chart. This guide maps the core white-collar offenses — mail and wire fraud, honest-services fraud after Skilling, Kelly, and Ciminelli, securities fraud and insider trading, the Foreign Corrupt Practices Act, money laundering and structuring, obstruction after Arthur Andersen and Yates, false statements under 18 U.S.C. § 1001, conspiracy under § 371, and trade secret theft under the Economic Espionage Act. It then turns to the machinery that decides who actually gets charged: the Principles of Federal Prosecution of Business Organizations in Justice Manual 9-28.000, cooperation credit and individual accountability, declinations, deferred and non-prosecution agreements, and the Evaluation of Corporate Compliance Programs. Finally it covers internal investigations and privilege, the Upjohn warning, the risk of becoming a state actor, parallel criminal-SEC-civil proceedings and the Fifth Amendment squeeze, individual exposure for officers and directors including the responsible corporate officer doctrine, and how U.S.S.G. Chapter 8 turns a real compliance program into a fine discount. A running hypothetical follows Calder Fluidics, a valve manufacturer whose sales team papered a bribe as a consulting fee.
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