Forum Post: The reckless operation of a corporation
Posted 13 years ago on Nov. 1, 2011, 3:14 a.m. EST by ToxicReverend
(10)
from Santa Rosa, CA
This content is user submitted and not an official statement
Actually, I wrote this in response to a question concerning "who they are" with regard to the OWS official "Declaration Of Demands". I have taken it a step beyond identifying "them" with what is to about about them, as well.
President Eisenhower, in his Farewell Address (6), warned us about the "Military Industrial Complex"(6). Or as I call it, "The MIC". But it is not really fair to single any one person or corporation out. So "they" are the corporate executives that operate corporations in a criminal, fraudulent and or reckless manner, with out criminal accountability for their crimes.
The facts are that Michael McCann, the longtime district attorney of Milwaukee County, (retired 12 / 31 / 2006) was best known for prosecuting Jeffrey Dahmer. McCann had also prosecuted more than ten corporations for reckless homicide over the last two decades and had won every case 162. But he could not convict any people because of the corporate personhood.
While we can be held criminally accountable for negligent homicide from the "reckless operation of a motor vehicle (while intoxicated or not) the C.E.O.'s of large corporations are not held criminally liable for their reckless operation of their corporation.
In fact, it is very rare that a corporation is charged with a homicide. Be that reckless or negligent, in a criminal court. The vast majority of suits are in Civil Courts. Of the three judicial courts, there is also an Administrative Court.
More often than not, when a corporation is charged with a crime (with out any people named or charged) the case is Deferred with Non Prosecution Agreements.
One of the things we need is legislation to mandate criminal charges for "The Reckless Operation of a Corporation". It needs to include mandatory jail sentences when the CEO of a corporation t recklessly operates the corporation and that results in the death of someone.
It amounts to "Negligent Homicide" and it happens all of the time. The one real difference between you and me committing reckless homicide with a vehicle while intoxicated and a CEO driving his corporation is that the courts do not charge our car with a crime. The courts would charge us. But not so with a CEO and their corporation. Usually, it is only the corporation that gets charged with a crime., if at all. Not the CEO and or other corporate exec's.
End of partial excerpts from my work in progress A draft is posted with vetted reference material linked in and active. Though some of the "information Dump" is spread out down the page at "American Roulette - Red Collar Crime" http://sites.google.com/site/toxicrevelations/red-collar-crime---american-roulette It is a Google page and usually comes right up with a Google search on "American Roulette Red Collar Crime"
Note: Revolvers are for playing Russian Roulette. In American Roulette, we use products and services from corporations with out criminal accountability.
Wake up. Regardless of your being aware of it or not, you are playing.
(I have macular degeneration and I am looking for some editing help).
Reference material for: "American Roulette - Red Collar Crime" http://sites.google.com/site/toxicrevelations/red-collar-crime---american-roulette
More at the Reference Page: http://sites.google.com/site/toxicrevelations/reference-material
(6) is a link to a one minute Youtube video of President Eisenhower, on his Farewell Address http://youtu.be/nUXtyIQjubU
The title of the reference 162 article about Michael McCann and his ten convictions of corporations for negligent homicide is :
Criminal charges can hit bottom line For corporations, a criminal conviction may mean small fines, but larger consequences for business By CRIS BARRISH AND STEVEN CHURC 06/28/2003 Copied from The News Journal Staff reporters 06/28/2003 Archived copy at http://web.archive.org/web/20080426105537/www.angelfire.com/nm/redcollarcrime/criminC.html
The above article also explains that criminal chargtes for negligent homicide with corporation laws vary from State to State and does show a need for Federal Law Legislation.
Additional:
The same is true of product liability laws:
Another report that concerns the variances of State laws (besides 162 ) is:
PRODUCT LIABILITY LITIGATION REPORT Shook, Hardy & Bacon Law Firm FEBRUARY 18, 2010. The PDF report is posted at: http://www.shb.com/newsletters/PLLR/PLLR021810.pdf
Crime Without Conviction: The Rise of Deferred and Non Prosecution Agreements By Russell Mokhiber Editor of Corporate Crime Reporter December 28, 2005 and posted at http://www.corporatecrimereporter.com/deferredreport.htm
Skeletons in the Courthouse: A rather long list of "reckless operation of corporations" that have resulted in "Negligent Homicides" is documented in a highly censored report titled: Hazards to the Public Remain SecretApril 2002 by the Coalition for Consumer Rights Download PDF http://sites.google.com/site/toxicrevelations/reference-material/courtsecrets.pdf
Red Collar Crime Corporate Crime Reporter August 2, 2006
http://www.corporatecrimereporter.com/redcollarcrime080306.htm