To date, General Motors officers and managers have escaped prosecution by the federal government. Preet Bharara, former

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To date, General Motors officers and managers have escaped prosecution by the federal government. Preet Bharara, former U.S. attorney for the Southern District of New York, explained: “There are gaps in the law. It’s not a criminal violation to put into the stream of commerce an auto that might harm people.” The government takes the position that the law, as currently written, simply does not permit criminal charges against the individuals involved. While penalties certainly are possible under present law, the auto industry and its lobbyists have successfully blunted congressional efforts to enact firmer legislation. Furthermore, criminal convictions ordinarily require proof of some degree of evil intent. In the case of the auto industry, establishing that intent is a very challenging standard for prosecutors, in part because of the complex decision-making processes in giant bureaucracies like General Motors. 


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Assuming they could be identified, should any of the officers, executives, and managers who knew the faulty ignition switches were causing deaths be held criminally liable? Explain.

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Law Business And Society

ISBN: 9781260247794

13th Edition

Authors: Tony McAdams, Kiren Dosanjh Zucker, Kristofer Neslund, Kari Smoker

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