The reckless operation of a corporation

[Toxic Reverend]

Is your city on this list ?
If not, information for you to organize an occupation is also at
http://www.occupytogether.org/

If the following subject interests you, please feel free to use the
material to write a decent story about it. With my macular degeneration,
I have done what I can to explain this.


Legislation is needed against the "reckless operation of a
corporation" to check the "military industrial complex
" and the"Red Collar Crimes of American Roulette"
https://sites.google.com/site/toxicrevelations/red-collar-crime---american-roulette
Needs editing, but the reference material is over ten years of work.
Feel free to review, edit and publish, with or with out credit to myself >
Excepts:

Revolvers are for Russians.:


In America, we use use products, health care services, BP Oil Rigs
nuclear reactors (y, z), food safety, Safety On The Job and labor rights. Amy thing
that can "turn a profit", while not being easily recognized
as the life and death gambling for profits with "Red Collar Crimes".

Michael McCann, the longtime district attorney of Milwaukee County,(retired 12 / 31 / 2006 )
was best known for prosecuting Jeffrey Dahmer. McCann had also prosecuted more than ten
corporations for reckless homicide over the last two decades and had won every case 162

While convictions of corporations for negligent homicide are rare,
it has been done (162). Though presently, such "situations" usually result in
Deferred and Non Prosecution Agreements.

The reasons why this is so rarely done are investigated, here (work in progress)>

"Red Collar Crimes of American Roulette"
(*Information Dump*)
https://sites.google.com/site/toxicrevelations/red-collar-crime---american-roulette


Please note this article titled;
Crime Without Conviction: The Rise of Deferred and Non Prosecution Agreements

By Russell Mokhiber Editor of Corporate Crime Reporter December 28, 2005 and posted at
https://www.corporatecrimereporter.com/deferredreport.htm


In reference 162 was "censored", but it is / was "Archived";

Criminal charges can hit bottom line
For corporations, a criminal conviction may mean small fines,
but larger consequences for business
By CRIS BARRISH AND STEVEN CHURCH 06/28/2003
Copied from The News Journal Staff reporters 06/28/2003
Archived copy at
https://web.archive.org/web/20080426...e/criminC.html






Blessings,

The Toxic Reverend aka Tom Krohmer Google +
https://plus.google.com/111485701979929741583/about

[Toxic Reverend]

In reference 162 was "censored", but it is / was "Archived";

Criminal charges can hit bottom line
For corporations, a criminal conviction may mean small fines,
but larger consequences for business
By CRIS BARRISH AND STEVEN CHURCH 06/28/2003
Copied from The News Journal Staff reporters 06/28/2003
Archived copy at
https://web.archive.org/web/20080426...e/criminC.html

Please note the "Fair Use Statement", after the article.


Copy / paste of Censored article:>


Title of article :

Criminal charges can hit bottom line
For corporations, a criminal conviction may mean small fines, but larger consequences for business

By CRIS BARRISH AND STEVEN CHURCH
Copied from The News Journal Staff reporters 06/28/2003

https://www.archive.org/index.html

Modifications to their story, have been made.

__________________

Additional resource: Corporate Crime Reporter

https://www.corporatecrimereporter.com/

__________________

Although Motiva's maximum fine if convicted of criminally negligent homicide and assault charges would be $46,000 - a fraction of the refinery's daily revenues - legal experts said Friday the company's bottom line could suffer.

The costs could include: more intensive government oversight, damage to the company's reputation that could cost it future business and scaring off prospective investors.

Prosecutors typically charge the company itself, even though fines can be small, to force companies such as Motiva to become more safety-conscious.

"Generally, you want to try and change the culture of an organization," said former federal prosecutor Steven Chanenson (164), who teaches white-collar criminal law at Villanova University School of Law.

State Prosecutor Steven P. Wood would not discuss the Motiva case Friday or explain the decision to file criminal charges against the company rather than individuals for the 2001 explosion and fire that killed one worker and injured eight others.

Wood said it is not always fair or even legally possible to charge company officials.

The maximum penalty under Delaware law for a felony by a corporation is $11,500; and the maximum is $5,750 for a misdemeanor. But a bill that the General Assembly passed this week would give judges the power to impose as large a fine as they deem appropriate for crimes resulting in death or serious injury. Gov. Ruth Ann Minner has said she intends to sign the legislation.

The proposed law would not apply to the Motiva case because the alleged crime occurred in 2001.

Fines for similar crimes in other states vary.

In Pennsylvania, the maximum penalty for a corporation that commits manslaughter is $10,000. But in New Jersey, a corporation convicted of manslaughter could face a $450,000 fine. In Milwaukee County, Wis., the fine for reckless homicide by a corporation was raised in February from $10,000 to $200,000.

If a corporation commits any federal felony, such as fraud or conspiracy, the maximum penalty would be $500,000 or double the damage resulting from the violation, whichever is greater. Earlier this month, drug maker AstraZeneca agreed to pay a $64 million fine and serve one year of probation for false charges billed to the Medicaid and Medicare health insurance programs.

But fines are only part of the equation prosecutors consider when taking a company to court for criminal behavior.

Villanova's Chanenson said judges can impose terms of probation that force a company to adopt new safety measures or years of inspections. A company also can lose the right to bid for government contracts as part of a sentence, he said.

Many prosecutors simply want to shame a company in the eyes of the public, experts said.

Russell Mokhiber, editor of the Washington, D.C.-based Corporate Crime Reporter magazine (163), said the damage to a company's reputation from a conviction often causes brokerage houses to remove it from investment portfolios.

"A lot of the socially responsible investment funds will shy away from convicted companies,'' Mokhiber said. He said his magazine reports on crimes committed by corporations for subscribers that include prosecutors, corporations and criminal defense firms.

Prosecutors sometimes will choose to file criminal charges even though it might be easier to win a civil lawsuit, where the standard of proof is lower, Mokhiber and other experts said.

"A criminal conviction is much worse than a civil one,'' Mokhiber said. "Prosecutors use them to send the stronger message that these are criminal wrongdoers and we want society to know about it. It's the big hammer. You don't want to be known as a company convicted of homicide.''

Mokhiber said prosecutors should be more aggressive and target executives - as the federal government has begun doing with financial cases against Enron, ImClone Systems and others - especially in cases where workers are killed.

Experts also said prosecutors are often leery of charging individual officials with crimes that could put them in jail because such cases are extremely difficult to prove.

Villanova's Chanenson said it's often difficult to prove executives were individually responsible for a crime committed on their watch. If the evidence against individual officials is not strong enough to prosecute them, their collective actions can amount to a crime by the company, he said.

E. Michael McCann, longtime district attorney of Milwaukee County, said he has prosecuted more than 10 corporations for reckless homicide over the last two decades and has won every case.

__________


Additional note:

Michael McCann retired Dec. 31, 2006. Going to "Marquette University"
(414) 288-7090
https://law.marquette.edu/

E. Michael McCann -
Boden Teaching Fellow and Adjunct Professor of Law
https://law.marquette.edu/cgi-bin/si...05&userID=4131


Note / question from webmaster at " Red Collar Crime": If ten corporations were prosecuted for "reckless homicide", how many corporate executives went to jail for "reckless homicide"?


End of note / question.

When companies are convicted, he said, competitors often use the information when competing with them to win contracts. "They'll say, 'Don't bring them on. They were convicted of reckless homicide,' " McCann said. "It really hurts a company's reputation.''
Reach Steven Church at 324-2786 or [email protected]. Reach Cris Barrish at 324-2785 or [email protected].

Michael McCann, longtime District Attorney of Milwaukee County,

(retired 12 / 31 / 2006 ) ,
was best known for prosecuting Jeffrey Dahmer. But McCann has also prosecuted more than ten corporations for reckless homicide over the last two decades and has won every case. More than that, Michael McCann is also an opponent of the death penalty.

Archive Wayback Machine
Michael McCann, District Attorney of Milwaukee County,
https://web.archive.org/web/20060203...asp?docid=7715

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