Newswise — If you're sitting underneath a tree and a branch falls on your head, do you burn the tree? Most people wouldn't take the time to ponder this question, but for those involved in the criminal prosecution of white-collar crime, it's the critical argument.
Regina Robson J.D., an assistant professor of management at Saint Joseph's University, is using a University-funded grant this summer to research whether corporations should be criminally liable for the actions of their employees. (In other words " should the tree be punished for the branch's ill-fated descent?)
"As in the cases involving Kenneth Lay from Enron and Bernie Ebbers from WorldCom, individuals and businesses are typically both prosecuted during white-collar criminal cases," explained Robson. "And although both are criminally prosecuted, they each have very different constitutional protections." Her research aims to explore the ethical and legal implications of this gray area.
In 2003 the Justice Department released the Thompson Memorandum, which has been debated judicially, as well as in the media, for its impact on individual constitutional rights during investigations. Used initially as an internal document, the memorandum sets forth policies for prosecutors to follow while trying to determine if a corporation is in compliance.
"Since 2003, we have seen a significant increase in the prosecution of white-collar crime," remarked Robson. "Because of these new policies, companies are required to lean more heavily on their employees during investigations to protect the corporate entity. Prosecutors are driving a wedge between employer and employee while fifth and sixth amendment constitutional rights are called into question."
A recent series of cases involving the criminal investigation of the accounting firm, KPMG, has strengthened constitutional protections for individuals, but has not affected corporate prosecutions.
Robson will spend the summer surveying existing literature and cases on this issue. She will draw her analysis and submit an article for publication early this fall.
Background: Founded by the Society of Jesus in 1851, Saint Joseph's University advances the professional and personal ambitions of men and women by providing a demanding, yet supportive, educational experience. One of only 142 schools with a Phi Beta Kappa chapter and AACSB business school accreditation, Saint Joseph's is home to 4,250 full-time undergraduates and 3,200 graduate, part-time and doctoral students. Steeped in the 450-year Jesuit tradition of scholarship and service, the University strives to be recognized as the preeminent Catholic comprehensive university in the Northeast.
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