Re:How Bad Antitrust Enforcers Kill People
by salawat on Wednesday April 01, 2020 @05:49PM
(#22753865)
You've now rediscovered one of the primary controversies around the concept of the Limited Liability Corporation. Though they were more focused around financial debt/consequences at the time, people were also perturbed at the possibility that the corporation could be found to have done wrong, and seemingly no one would be able to held to account.
The way this is worked around today, is that a second criminal case has to be brought against individuals in the corporation. The corporation has no right against self-incrimination; and the ideaisthere should be enough evidence capable of being raked up to hold people accountable.
Corporate legal counsel are "held hostage" in the sense that if it is found they refused to comply with legal requests, they can be disbarred, but that doesn't mean that companies won't go out of the way to not record things or surreptitiously lose evidence.
At the end of the day, the super power of the corporation is that when it dies no one else goes along with it. On the other hand though, it does take extreme vigilance and will to pierce the corporate veil to prove wrongdoing.
It's a tough nut to crack satisfyingly to be sure.
The way this is worked around today, is that a second criminal case has to be brought against individuals in the corporation. The corporation has no right against self-incrimination; and the ideaisthere should be enough evidence capable of being raked up to hold people accountable.
Corporate legal counsel are "held hostage" in the sense that if it is found they refused to comply with legal requests, they can be disbarred, but that doesn't mean that companies won't go out of the way to not record things or surreptitiously lose evidence.
At the end of the day, the super power of the corporation is that when it dies no one else goes along with it. On the other hand though, it does take extreme vigilance and will to pierce the corporate veil to prove wrongdoing.
It's a tough nut to crack satisfyingly to be sure.