Every criminal offense could have significant consequences on those accused of and victimized by such acts. However, corporate crimes often gain significant public attention because said events typically involve numerous purported victims and potentially well-known business entities.
That said, establishing corporate criminal liability is an intricate process involving specific steps. Our Miami criminal defense law firm invites prospective clients to continue reading for more here on this subject.
Definition Of A Corporate Crime
Corporate crime is defined as the malfeasant behavior of individuals charged with overseeing the entity in question’s daily operations. These persons pursue illegal interests with designs on earning profit for the company or said establishment’s shareholders.
The most obvious and noted forms of corporate crime include acts like fraud. However, corporate misconduct might also take on several other definitions such as knowingly violating environmental laws to secure greater amounts of profit or marketing or failing to fix defective products because such items still paid huge dividends.
Establishing Corporate Criminal Liability
Proving corporate criminal lawlessness requires the prosecuting entity to demonstrate the following issues are at hand:
Intent
Prosecutors must confirm intent on the part of the accused corporate executives. This means that said individuals knew full well that their actions violated an established law or policy but still behaved accordingly in order to earn profit or attain some other benefit they would not have received had they chosen to respect legal boundaries.
Damage
Those seeking damages against the accused parties also need to demonstrate that the aforementioned actions cost them in some measurable way. For example, if the company is said to have committed fraud, prosecutors must provide substantial evidence proving how their clients were cheated out of funds or other major perks.
On the other hand, the action against a corporation’s leaders could include charges of deliberate environmental pollution. That said, if plaintiffs seek restitution on the basis of becoming ill as a result, prosecutors will need to show a pattern of corrupt behavior, in addition to demonstrating that such illnesses are directly related to the environmental damage in question and cannot be traced back to any other existing or underlying health problem.
Penalties Corporations Could Face
Malfeasant business entities could face penalties such as stiff fines or have their assets frozen or seized by the punishing authorities. Said events could have a significant financial impact and could ultimately lead to financial ruin.
Moreover, should specific wrongdoing be undisputedly tied to the corporation’s executives, said individuals might face individual prosecution and could be subjected to imprisonment.
Steps Companies Under Investigation Can Take
Arguably, the most important action said establishments must take is to not ignore the problem. The instant the business’s decision-makers learn about accusations of malpractice, such information should be passed along to their legal department or to an attorney or law firm with experience handling cases dealing with potential acts of corporate criminality.
Contacting Us
Companies located in South Florida and beyond who may be facing corporate criminal charges are encouraged to contact us. A Miami criminal lawyer can review the charges and might be able to formulate a strategy designed to help the company in question overcome such allegations. More here at strolenylaw.com.
