Bradley attorney Ty Howard was quoted in Bloomberg BNA on the Eighth Circuit’s ruling that upheld a prison sentence for corporate executives in a food safety crime. The majority opinion determined that the defendants in United States v. DeCoster were criminally liable for failing to prevent or remedy “the conditions which gave rise to the charges against them.”
“As a practical matter, the majority's opinion should give further pause to corporate officers in heavily regulated industries as it sanctions prison sentences for executives despite the lack of mens rea,” said Howard. “The majority suggests that the defendants' liability was not ‘vicarious' because it stemmed from their ‘failure to prevent' the conditions that gave rise to the charges, rather than solely due to the acts or omissions of others,” Howard said.
The complete article, “Case Affirming Food Co. Execs’ Jail Term Affects Drug, Device Firms,” appeared in Bloomberg BNA on July 25, 2016. (login required)