http://stream.publicbroadcasting.net/production/mp3/wium/local-wium-904596.mp3
Macomb, IL – Prosecutors could decide to file criminal charges against Massey Energy for a fatal mine explosion in April. An expert on corporate criminal prosecutions says it can be tricky to prove such cases.
Bill Maakestad said juries might be reluctant to hold a company criminally responsible for a single misstep. He said that's why prosecutors must establish a pattern of neglect. They can strengthen their case by finding workers who are willing to testify against the company.
Maakestad is a recently retired Professor of Management at Western Illinois University. He taught business law and ethics courses.
He also has studied and written about the prosecution of corporate crime and he participated in one of the most famous corporate crime trials - the Ford Pinto trial of 1980.
Prosecutors in West Virginia are now contemplating whether to file criminal charges against Massey Energy. 29 coal miners died in an explosion at the company's Upper Big Branch mine on April 5.
Maakestad thinks there are similarities between that potential prosecution and the Pinto case.
"The most significant one is the fact that rather than having individual executives or officers or managers being prosecuted, it would be a prosecution of the corporate organization itself," said Maakestad during an interview with Tri States Public Radio.
Maakestad said decision making is diffused throughout a modern corporation, making it difficult to point the finger at any one person was a crime.
Even if Massey is prosecuted and found guilty, it's unlikely anyone from the company would be sent to prison. Maakestad cites old English common law:
"Corporations could not be held liable for crimes because they had no soul to damn and no body to kick."
Maakestad said the company could face financial penalties if found guilty and could be suspended from receiving certain federal contracts. Information about a conviction could also be used against the company if civil court cases are filed against it.
But Maakestad also pointed out that law does not favor workers. He said laws protecting workers only carry misdemeanor penalties.
Maakestad is intrigued by a recent US Supreme Court ruling that basically allows corporations to be treated as people when making campaign contributions. He wonders if it might impact criminal cases involving companies.
"You could argue that it does create some legitimacy or credibility for treating a corporation as responsible for its criminal acts committed on its own behalf," said Maakestad. "If you're going to give corporations rights as persons under the law, the correlative of that is they should have responsibilities under the same body of law."