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U. S. v George F. Fish
Inc.
U.S. Ct. Appeals, 1946
Author:- Sam Biers
Facts: Def Fish a corporation, and its salesman, Simon, were charged together for evading the Maximum Price Regulations.
Issue: Whether a corporation can be held criminally liable for the acts committed by an employee?
Holding: Yes
Procedure: Jury found both guilty, fined the corporation and imprisoned the salesman.
Rule: The corporation is responsible for the criminal acts of minor employees, when done willingly, knowingly, or deliberately.
Ct Rationale: The corporation is liable when the salesman acted within the scope of the corporation’s direction. Where the sales barred by the Act are performed by the salesman, rather than corporate chiefs, there are no distinctions between officers and agents.
PL A: An agent acting under the duty and scope of the corporation’s direction shares equally with corporation the criminal liability.
Def A: The corporation had no knowledge of the acts committed by the salesman.