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Does this plan make sense? v2 (lemmy.world)

submitted 8 months ago by 3volver to c/general

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[–] Adalast 2 points 8 months ago

Not any more than it does now. Ignorantia juris non excusat. Ignorance of the law excuses not. It is a primary doctrine in US law as it stands, I don't see why this case should be any different.

My personal flavor of this idea could down to this: if your company is found guilty of a criminal offense that would result in jail time for an individual, all board members and C-level executives are held accountable and face the same punishment as an individual would for the same crime. The only exceptions are:

There was an intentional malicious effort made on the part of a subordinate to use the law to attack their employer.
It can be proven beyond a reasonable doubt that the illegal activity was perpetrated on by a subordinate in a manner that would have expressly and reasonably obfuscated the activity from the notice of a rational, attentive observer.
The illegal activity brought lethal harm upon the company (meaning that the activity directly lead to the complete and total failure and dissolution of the organization and all subsidiaries and shell companies were dissolved as a result)

Outside of those 3, they asses go to jail, assets get seized, and yahts go up in police auctions.