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Respondent Superior- Federal courts apply corporate criminal liability for mens rea crimes based upon the

doctrine of respondent superior. A corporation will be held liable for the criminal acts of its agents acting: (1) on behalf of the corporation; (2) to benefit the corporation; and (3) within the scope of the agents authority. The primary rationale behind imposing liability for the acts of agents at all levels is deterrence. (1) Scope of authority- Acts that exceed the responsibilities delegated or entrusted to an employee may not be imputed to the corporation. Likewise, acts performed in the employee's personal or private capacity are not attributable to thecorporation. The lack of any specific authorization for an agent to engage in criminal conduct is not, however, sufficient by itself to protect the corporation from liability. (a) Existence of a Corporate Compliance Program- courts applying respondent superior have held a corporation liable for an agents acts even when those acts are contrary to explicitly corporate policies. This is because at times it is appropriate to punish the corporation because it is the corporation rather than the individual employees who profit from the illegal activity, and because it is often difficult to identify the particular agent who engaged in the activity. Specific Intent Crimes- One way of finding proof of corporate mens rea (knowingly and willfully) is through a showing of collective knowledge. Under the collective knowledge doctrine, the knowledge and intent of several employees is combined and attributed to the corporation. Even where no individual corporate agent possessed the mens rea necessary for the crime. (Bank example). Conspiracy- an agreement between two or more persons to commit a crime or unlawful act against the US, or to defraud the US, or any agency thereof in any manner or purpose. Also requires an overt act in furtherance of the conspiracy. A defendant can be convicted and sentenced for both conspiracy and the object crime. -Advantages- joinder, venue, hearsay, pinkerton, statute of limitations

A) Agreement- Parties must have intended both (1) to enter into the conspiracy, and (2) that the object crime or crimes be committed. -Under respondent superior a corporation can be liable for a conspiracy entered into by its agents. B) Overt act- is any act, or failure to act, by any co-conspirator during and in furtherance of the conspiracy. (Meetings, telephone calls). C)

Defraud- (1) schemes to deprive the US of money or property (such as taxes) and (2) schemes to obstruct or interfere with government functioning or to deprive the government of information. -Klien conspiracy- concealing income from the government, fraduing the IRS.

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