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https://www.jdsupra.com/legalnews/the-responsible-corporate-officer-20983/#:~:text=The%20Responsible%20Corporate%20Officer%20doctrine%20%28%E2%80%9CRCO%20doctrine%E2%80%9D%29%2C%20commonly,of%20the%20Food%2C%20Drug%20and%20Cosmetic%20Act%20%28%E2%80%9CFDCA%E2%80%9D%29.
https://agilityportal.io/blog/park-doctrine-fda-the-responsible-corporate-officer-doctrine
There are two factors that are needed to be proven in order to apply the doctrine of the "Responsible Corporate Officer": (1) a corporate officer's authority to "prevent [the complaint] or swiftly make appropriate corrections in it" and (2) their failure to do so. Even without awareness, the officer's power is sufficient.
https://www.skadden.com/-/media/files/publications/2018/12/theresponsiblecorporateofficerdoctrineprotectionsa.pdf
he responsible corporate officer (rco) doctrine— which allows for criminal prosecution and impris- onment of an individual who was not personally involved in or aware of corporate misconduct—has been the subject of heated discussion in light of food and drug administration (fda) and department of justice (doj) of- ficials’ threats of impending …
https://nationalaglawcenter.org/wp-content/uploads/2018/03/THE-PARK-DOCTRINE-AND-PROSECUTION-OF-MISDEMEANOR-VIOLATIONS-UNDER-THE-FDCA.pdf
The Park Doctrine, also called the “Responsible Corporate Officer” Doctrine, is a doctrine under which potentially unassuming corporate officers whose companies engage in unlawful activities under the Federal Food, Drug & Cosmetic Act (“FDCA”) may be held strictly liable for unintentional violations of the FDCA.
https://www.wnj.com/publications/the-responsible-corporate-officer-doctrine-findi
Under the responsible corporate officer (RCO) doctrine, individual corporate officers can be found guilty of violating a variety of federal laws, such as the Federal Food, Drug and Cosmetic Act (FDCA), without exhibiting any unlawful intent, negligence, knowledge of the violation or direct participation in the wrongdoing.
https://www.natlawreview.com/article/responsible-corporate-officer-doctrine-wake-decoster
https://www.jdsupra.com/legalnews/the-responsible-corporate-officer-20983/
The Responsible Corporate Officer doctrine (“RCO doctrine”), commonly referred to as the Park doctrine, permits the government to prosecute employees for corporate misconduct when they are in a...
https://www.policymed.com/2011/11/the-park-doctrine-and-fdca-violations-holding-corporate-executives-accountable.html
The article then explained the “responsible corporate officer (RCO) doctrine,” established by United States v. Dotterweich and Park (reaffirming Dotterweich), which provides “that a corporate agent who stands in a ‘responsible relation’ to misconduct may be held criminally liable even without having played any direct role in the misconduct.
https://fedsoc.org/publications/detail/restraining-park-doctrine-prosecutions-against-corporate-officials-under-the-fdca
FDA’s written guidelines indicate that FDA shares this understanding of the Park Doctrine’s long reach: its guidelines provide that a corporate officer can be subjected to criminal sanctions under the Park Doctrine without proof that the …
https://www.dandodiary.com/2017/05/articles/director-and-officer-liability/supreme-court-asked-review-responsible-corporate-officer-doctrine/
the u.s. supreme court may soon get a chance to consider and review the “responsible corporate officer” doctrine (also sometimes referred to as the “ park doctrine,” in reference to the 1975 case in which the court first described the doctrine) in a case in which corporate executives challenge their individual criminal imprisonment sentences for …
https://www.corporatecomplianceinsights.com/jail-time-not-knowing-strict-liability-executives-park-doctrine/
Park specifies that the prosecutor must prove two elements: (1) that the corporate officer had the authority to either “prevent in the first instance, or promptly correct, the violation complained of,” and (2) that the corporate officer “failed to do so.” The officer’s authority – even in the absence of knowledge – is enough.
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