Prosecutors striving to avoid proving “knowledge” in criminal cases are increasingly resorting to theories like the “responsible corporate officer” doctrine, where jail time is available despite a lack of knowledge of wrongdoing, and the “collective knowledge” doctrine, where employee knowledge is aggregated to prove corporate wrongdoing.
The 'New' Willful Blindness Doctrine After Global-Tech
In <i>Global-Tech Appliances, Inc. v. SEB S.A.</i>, the Supreme Court expressly approved of the "willful blindness" tool for the first time. But in doing so, it framed the doctrine in a way that provided some much-needed limitations.
By
Joseph F. Savage JR. And David McCraryThis premium content is locked for Business Crimes Bulletin subscribers only
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