U.S. v. Brown & Tobey case brief summary

US v. Brown & Tobey case brief summary

(United States v. Brown & Tobey case brief)

FACTS

• Two companies entered into a deal where they wouldn’t compete with one another. 
• They were fixing the billboard prices in CA. 
• Both claimed that although they knew about it, they did not act so cannot be charged.

ISSUE

Defendants argued that they could not be criminally liable for just knowing and not doing the crime?

RULE

The court held that knowingly is “voluntarily and intentionally” and defined “participating knowingly” as “encouraging, advising, or assisting for the purpose of furthering the conspiracy.” 

If you know and don’t stop it you can be held criminally liable.

HOLDING

The companies allowed it to occur and did not stop it. Therefore, they can be prosecuted. You can not sit back and watch something happen when it is under your control.

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