Criminal Liability of Corporation President From Corporate Facilities: Stock v. Alaska

July 1973
Citation:
3
ELR 10109
Issue
7

The superior court case of Stock v. Alaska1 has established for the first time in that state standards for determining when an officer of a corporation can be held criminally liable for the acts of his corporation. At issue in this appeal was the criminal conviction of a corporation president for allowing raw sewage from his corporately-owned Juneau trailer court to flow into state waters in violation of the state water pollution statute.

Although the defendant did not personally cause the discharge of sewage, the court found that he knew of the illegal situation, and that, having the necessary authority, he exposed himself to criminal liability by not ordering the discharge stopped. The judge also made clear that the prosecution of a pollution-related offense can be initiated in the same manner as any other criminal violation, i.e., by the issuance of a summons or warrant at any time upon probable cause. The enforcement agency does not need to issue prior notices and compliance orders before proceeding.

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Criminal Liability of Corporation President From Corporate Facilities: Stock v. Alaska

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