The Responsible Corporate Officer Doctrine. Joseph A. Walsh II Matthew T. Drenan Characteristics of Defensible Cor porate Environmental Compliance Programs. 1 Prevention First 2016. – Holds corporate officers in positions of authority personally liablefor corporate violations of public welfare statutes – Primarily applied in conjunction with welfare public statutes imposing strict liability – Actively …
Jan 19, 2009 · Posted in Environmental Liability. In order to assign responsibility in connection with the enforcement of public welfare objectives, courts have developed the "responsible corporate officer doctrine," which in recent years has been applied with increasing frequency in environmental enforcement. A California appellate court recently applied the doctrine to enforce civil liability on the officers …
Aug 17, 2014 · The Justice Department also has used the responsible corporate officer doctrine under the Clean Water Act and the Clean Air Act to prosecute executives for environmental crimes committed by their corporations. But prosecutions are not limited to industries regulated by the Food and Drug Administration or the Environmental Protection Agency.
The responsible corporate officer doctrine is a prosecutorial doctrine that, up until recently, was infrequently invoked to hold individual corporate executives liable for certain public health violations that were exclusively misdemeanor offenses. 11 It is applicable in cases involving public welfare statutes that do not require a "knowing" violation.
The doctrine was also adopted in the language of the CWA, CAA, RCRA, and other laws and regulations that incorporate the concept of a “responsible corporate officer” Liability under both common law and statutes can be civil or criminal The RCO Doctrine and Environmental Statutes
Jul 05, 2017 · The RCOD is a controversial strict liability theory interpreted by the government as permitting (in certain circumstances) the prosecution of corporate officers and directors for misdemeanor criminal offenses—without the need to establish their intent or personal involvement in wrongful conduct.
The Responsible Corporate Officer Doctrine makes certain regulatory crimes essentially strict liability offenses for corporate officers by not requiring a mens rea, or criminal intent, element as part of the offense. Originally, courts only applied the RCO doctrine where Congress was silent as to the intent standard, the regulation carried a light sentence, and the matter involved public health and safety.
Mar 28, 2012 · Corporate executives in the health care and environmental industries are rapidly coming to appreciate the implications of the responsible corporate officer doctrine, a recently-revitalized weapon in U.S. Department of Justice’s battle against corporate crime.
Mar 08, 2010 · The responsible corporate officer doctrine was first articulated by the U.S. Supreme Court in the 1943 case of United States v. Dotterweich, in which corporate officers in positions of authority were held personally (and in that case, criminally liable) for violating strict liability statutes protecting the public welfare.
Aug 16, 2011 · Under the responsible corporate officer (RCO) doctrine, individual corporate officers can be found guilty of violating a variety of federal laws, such as the Federal Food, Drug and Cosmetic Act (FDCA), without exhibiting any unlawful intent, negligence, knowledge of the violation or direct participation in the wrongdoing.
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