Marcia is an accountant for a large corporation, and after meeting with the company's CFO, she falsified records by inflating the company's quarterly profits, making them acceptable to the bank that the corporation has applied to for a commercial loan. Under the tenets of the Model Penal Code, what must be proved for her company to be held criminally liable?
What will be an ideal response?
The MPC provides for criminal liability for the business entity if (1) Marcia's falsification of the records was within the scope of her employment and the statute imposes liability for her act; (2) Marcia's criminal omission of the true facts violated a specific duty imposed by law; or (3) Marcia's falsification of the records was directly authorized by one of the corporation's top-level executives. In this case, it appears that all three components of the MPC's test are met, even though only one is required for there to be corporate liability.
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