Regulatory Alerts2018-04-18
Added · Updated
Criteria for Actual Direction or Instruction of Prohibited Conduct by Legal Entities
The document clarifies that natural persons can be held criminally liable for actually directing or instructing prohibited conduct committed by a legal entity, regardless of whether formal employment or directorship exists. Liability is established by proving the legal entity committed the offense and that the individual actively or passively directed the conduct, such as by failing to prevent it when authorized and required to do so. The text defines 'actual direction' to include active involvement, policy-driven consequences, and conscious acceptance of the likelihood of the offense occurring.
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