State v. Christy Pontiac-GMC case brief

 

State v. Christy Pontiac-GMC : A corporation may be guilty of a specific intent crime committed by its agent if: (1) the agent was acting within the course and scope of his employment, having the authority to act for the corporation with respect to the particular corporate business which was conducted criminally; (2) the agent was acting, at least in part, in furtherance of the corporation’s business interests; and (3) the criminal acts were authorized, tolerated, or ratified by corporate management.

• Unlike civil liability, criminal liability requires that the agent was act in furtherance of the corporation’s business interests.
• There may be instances where the corporation is criminally liable even if the conduct was expressly forbidden. What must be shown is that from all the facts and circumstances, those in positions of managerial authority or responsibility acted or failed to act in such a manner that the criminal activity reflects corporate policy, and it can be said, therefore, that the criminal act was authorized or tolerated or ratified by the corporation.