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Vicarious corporate liability at issue

Several business associations, defense counsel groups and the Washington Legal Foundation recently filed an amicus brief in United States v. Ionia Management S.A, challenging the conviction of Ionia Management S.A. for violating the Act to Prevent Pollution from Ships when employees dumped waste oil overboard. Ionia has appealed, arguing in part that it could not be vicariously liable for the acts of employees who violated strict company policy, acted outside the scope of their employment, and whose illegal acts provided no benefit to the company.

The amicus brief -- available here -- was filed by the National Association of Manufacturers (my employer), the U.S. Chamber of Commerce, the National Association of Criminal Defense Lawyers, the N.Y. State Association of Manufacturers, the New York Association of Criminal Defense Lawyers and the Washington Legal Foundation.

Ellen S. Podgor has a post at the White Collar Crime Prof Blog, including a link to Ionia's brief. More, as well, from the FCPA Blog, a thorough post called "Justice for Foreign Corporate Defendents," explicating respondeat superior. (The FCPA Blog -- Foreign Corrupt Practices Act -- is the project of Dick Cassin at the Cassin Law Firm.)

More on the trial and verdict...



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.