Ionia: Second Circuit Upholds Criminal Respondeat Superior
Posted on January 23rd, 2009
In United States v. Ionia Management, the Second Circuit Court of Appeals upheld the corporate conviction of Ionia, a Greek shipping concern. The case had garnered attention in the news because Andrew Weissmann, the famous/infamous former Enron Task Force head, filed an amicus brief on behalf of the United States Chamber of Commerce arguing for a change in corporate criminal law. In the brief, Weissmann had argued that the trial court wrongly instructed the jury that a corporate defendant could be held criminally responsible for the acts of a single employee, even when those acts violated company policy. Weissmann argued that, for close to a century, lawyers and judges had misconstrued a 1909 Supreme Court decision that allowed a company to be held criminally…