•Do the company's actions fit the definition of a crime? If so, what kind, a felony or a misdemeanor? Why or why not?
Articles:
Ex-WorldCom Chief Ebbers Convicted of Fraud
Reliant Energy Services, Inc. and Four of its Officers Charged With Criminal Manipulation of California Electricity Market
This US Department of Justice opinion might be useful to you: Principles of Federal Prosecution of Business Organizations
To determine whether a company's actions fit the definition of a crime and whether it is considered a felony or a misdemeanor, you need to review the specific details of the cases mentioned in the articles. However, I can provide you with a general approach on how to determine this.
1. Review the allegations: Read the articles to understand the specific actions that the companies are accused of or convicted for. Look for any fraudulent activities, manipulation, or illegal practices that are mentioned.
2. Identify relevant laws: Look for laws or regulations that apply to the specific actions mentioned in the articles. For example, in the case of the Ex-WorldCom Chief, fraud would likely be the law in question, while in the case of Reliant Energy, manipulation of the electricity market may be relevant.
3. Determine the severity: Determine the severity of the alleged actions, which is important in determining whether it is a felony or a misdemeanor. Felonies generally involve more serious offenses and carry heavier penalties, while misdemeanors are less grave.
4. Consider the DOJ opinion: Review the "Principles of Federal Prosecution of Business Organizations" provided by the US Department of Justice. This document can provide guidance on how the DOJ approaches the prosecution of companies and identifies factors they consider when determining whether to pursue a criminal case against a business organization.
5. Consult legal experts: If you need a more detailed understanding or professional opinion, it is recommended to consult legal experts such as attorneys or legal scholars who can provide a deeper analysis based on their expertise in criminal law.
By following these steps, you can gain a better understanding of whether the company's actions fit the definition of a crime and whether it should be considered a felony or a misdemeanor.