Below is information about RESPONSIBLE CORPORATE OFFICER DOCTRINE FCPA from a variety of sources. Please take a look at the materials that our team has selected for you.
https://fcpablog.com/2017/02/21/sungyong-kang-the-responsible-corporate-officer-doctrine-is/
https://www.fdli.org/2018/11/the-responsible-corporate-officer-doctrine-protections-are-needed-despite-dojs-cautious-approach/
https://www.wnj.com/publications/the-responsible-corporate-officer-doctrine-findi
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.
https://fcpablog.com/tag/responsible-corporate-officer/
News and commentary about white-collar crime, enforcement, and compliance
https://www.dandodiary.com/2010/03/articles/corporate-governance/more-about-the-responsible-corporate-officer-doctrine/
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.
https://www.compliance.com/resources/the-new-oig-responsible-corporate-officer-doctrine/
“Liability as a responsible corporate officer does not turn upon a corporate officer’s approval of wrongdoing, but rather on whether the officer had, by reason of his or her position in the corporation, responsibility and authority either to prevent, or promptly correct, the violation at issue, and the officer failed to do so.” [18]
https://www.skadden.com/-/media/files/publications/2018/12/theresponsiblecorporateofficerdoctrineprotectionsa.pdf
he responsible corporate officer (rco) doctrine— which allows for criminal prosecution and impris- onment of an individual who was not personally involved in or aware of corporate misconduct—has been the subject of heated discussion in light of food and drug administration (fda) and department of justice (doj) of- ficials’ threats of impending …
https://www.slc.ca.gov/wp-content/uploads/2018/07/2016PF-Prevention-Responsible.pdf
– any person holding a position of responsibility and authority in an organization and who possesses the ability to prevent or correct a violation – government can make aprima facie case by demonstrating that the corporate officer’s position provided him or her sufficient responsibility and authority to prevent the wrongdoing, or that the officer …
https://www.clm.com/fcpa-liability-and-best-practices-for-directors-and-officers/
This advisory outlines the basic principles of individual liability under the FCPA, specifically as to directors and officers, and provides guidance and best practices for avoiding liability and maximizing cooperation credit for the company in the event of an FCPA investigation. Enforcement Policies Regarding Individual Liability.
https://blog.volkovlaw.com/2011/12/the-responsible-corporate-officer/
The responsible corporate officer doctrine is being used as a shortcut with threats of significant collateral consequences – it is not fair and the government will ultimately lose as it continues to rely on this doctrine. Watch The Latest Webinars on Volkov Law TV Listen to the Corruption, Crime & Compliance Podcast
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