CORPORATE CRIMINAL LIABILITY
- The Massachusetts General Laws prohibit a corporation, through its agents, from committing a criminal offenses. In order to prove that a corporation is guilty of a criminal offense committed by one of its agent, the Commonwealth must prove three things beyond a reasonable doubt:
- (1) That a specific person is guilty of the offense – meaning he or she committed all of the elements of the offense;
- (2) That such person, when he or she committed the offense, was engaged in some particular corporate business or project; and
- (3) That the accused corporation had given that person authority and responsibility to act for it, and on its behalf, in handling that particular corporate business or project.
- The corporation is guilty if it put the person who committed the crime in a position where he or she had enough power and authority to act for the corporation in the corporate project that he or she was involved in when he or she committed this offense.