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Moreover, the principle had been recognized that a corporate agent, through whose act, default, or omission the corporation committed a crime, was himself guilty individually of that crime.
The majority gives the corporate agent fiction a weight it simply cannot bear.
Assuming, arguendo, that it would be objectively impossible for a senior corporate agent to control fully day-to-day conditions in 874 retail outlets, it does not follow that such a corporate agent could not prevent or remedy promptly violations of elementary sanitary conditions in 16 regional warehouses.
The Court holds that a corporate agent must incriminate himself even when he is named in the subpoena and is a target of the investigation, and even when it is conceded that compliance requires compelled, personal, testimonial, incriminating assertions.
What the Government seeks instead is the right to choose any corporate agent as a target of its subpoena and compel that individual to disclose certain information by his own actions.
They trained him to operate the kiosk and lead the group education process, but he did not become a corporate agent; he remained one of the farmers and publicly swore allegiance to them.
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More realistically, the cost of paying the judgment will be borne not by the culpable corporate agents, but by the corporation's customers.
Although corporate criminal liability has been recognized in the United States for nearly a century, contemporary academic commentators have questioned its legitimacy and argued that it is inferior to its alternatives: civil liability for the corporation and/or criminal liability for individual corporate agents.
On other occasions, however, after finding personal jurisdiction has existed over a corporation, the Third Circuit has remanded to address the question of whether the individual corporate agents were not subject to personal jurisdiction because their relevant contacts were established in their roles as corporate officers.
But plaintiffs in error urge other defenses: (a) By an amendment of the Constitution in 1903 the corporate existence of Township Ninety-six was destroyed, its offices abolished and all its corporate agents were removed.
"The truth is that e-learning technology itself, and those of us who represent the institutional and corporate agents of change in the e-learning environment, have thus far failed," Dr. Gonick said.
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