Legal Commentary

An odd spokesman for limiting corporate criminal liability

By Tom Kirkendall

The always-alert Ellen Podgor notes that former Enron Task Force chief Andrew Weissmann (see also here and here) recently wrote an amicus brief on behalf of various business and defense-oriented organizations in the United States v. Ionia Management, S.A. case currently pending at the Second Circuit. In the brief, Weissmann advocates that the appellate court "adopt a standard for vicarious corporate criminal liability" . . . that limits "the application of respondeat superior."

As you may recall, Weissmann promoted precisely the opposite standard while engineering the destruction of enormous wealth and tens of thousands of jobs in prosecuting Arthur Andersen out of business.

It's better late than never that Weissmann apparently now understands the error of his prior ways. I wonder whether he will admit that to the Second Circuit panel?

Full post as published by Houston's Clear Thinkers on June 12, 2008 (boomark / email).