NCJ Number
134919
Journal
Security Management Dated: (February 1992) Pages: 27-32
Date Published
1992
Length
6 pages
Annotation
In recent years, the Federal government has increased its efforts to prosecute corporate crimes against the environment by amending environmental laws and regulations to increase punishments for criminal offenses. The test for corporate liability used by the courts is that an employee who violates an environmental law for the direct benefit of the corporation need not be operating in a policy position for the corporation to face criminal liability. In addition, the government often employs the principle of "conscious avoidance" to prosecute environmental crimes.
Abstract
To avoid government prosecution, corporations must first realize that the threat of criminal liability is real. To lessen the threat, executives should implement and ensure compliance with procedures that go well beyond those used in the traditional environmental audit. As soon as a problem is identified, the corporation must undertake an internal investigation and retain outside counsel. These steps are essential to avoiding a grand jury investigation and subsequent indictment. 14 notes