Corporate Criminal Liability – Guest Post

Penalties for Violence at Work and Getting Rid of Charges for Businesses

 Corporate leaders need to know that accusations of crime, such as workplace violence or executive wrongdoing, can hurt a company’s reputation, finances, and operations.  This guide talks about:

 Punishments for violence at work in businesses

 Ways to get rid of criminal records that are related to business

 How lawyers defend businesses and their leaders

 Violence at work and criminal penalties for businesses

 Companies can be held responsible for violence between employees under state and federal regulations including OSHA and 18 U.S.C. § 111.

This includes:

1. Civil vs. Criminal Responsibility

 Type Possible Results

 Lawsuits in civil court The victim can sue for damages, including hiring someone who isn’t careful or working in a dangerous environment.

 Criminal Charges: A company or its leaders are charged with violence, harassment, or not reporting.

2. Federal and State Penalties OSHA Violations ($15,625 or more for each dangerous workplace).

 Criminal negligence, like when management didn’t pay attention to threats.

 RICO charges if violence is linked to organized crime, like threatening union members.

3. Damage to reputation and finances

 Stock prices go down, such when allegations of abuse against an executive come out.

 Losing contracts (government or federal debarment).

 Trouble getting insurance.

 Legal advisor and proactive compliance training can protect businesses from being sued.

 Getting rid of criminal records for business reasons

 People who have been convicted in the past and are now executives or employees may want to get their records cleared so they can get back to work.

 Eligibility for Expungement (Corporate Context) Situation Possible Solution

 Executive with an old DUI: Expungement after 3 to 5 years (depends on the state).

 Employee charged with theft Request to seal record for hiring reasons.

 Company found guilty of breaking the law Not common, however pardons or leniency are possible.

 How to Get Rid of a Business Record

 Talk to a business criminal defense lawyer (very important for complicated cases).

 File a petition at the place where you were convicted.

 Show that you are rehabilitated (for example, through reparations or compliance programs).

 Go to the hearing (the judge looks at how it affects public safety).

 “Expungement doesn’t get rid of SEC/FBI records—lawyers make sure that all information is disclosed.”

 How Corporate Criminal Defense Lawyers Help: They help people avoid trials by negotiating deferred prosecution agreements (DPAs).

 To avoid future liability, set up compliance programs.

 Take on excessive regulation, including unfair OSHA fines.

 Keep Your Business Safe for the Future with RKS and Associates

 You need to take legal action right once if there is violence at work or if an executive is charged.  Get in touch with a business criminal defense lawyer to lower your dangers.