The Andersen case and recent events should prompt us to re-examine the question of when is it appropriate to charge a corporation criminally for activities performed by employees, particularly when the severe consequences of indictment will heavily impact many employees and shareholders, who were neither aware of nor involved in the criminal activity.
Historically, there was a time when a corporate entity was not regarded to have the mens rea necessary to perform a criminal act. But in this country that has not been so for many years. Almost 100 years ago, the United States Supreme Court held that corporations could be held accountable for the criminal activities of their agents and employees. New York Central and Hudson River Railroad v. United States, 212 U. S. 481 (1909). See also United States v. Union Supply Co., 215 U. S. 50 (1909); United States v. A&P Trucking Co., 358 U.S. 121 (1958).
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