Clay v. United States: When Executives Receive Jail Time for Ordinary Business Decisions
Topic: Corporate Criminal Liability
Matthew G. Kaiser is the founding partner at Kaiser, LeGrand & Dillon PLLC in Washington, D.C. He filed an amicus brief in U.S. v. Clay on behalf of the National Association of Criminal Defense Lawyers, four law professors, a health care policy expert, and a public policy organization.
Legal Backgrounder, March 13, 2015, 4 pages
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The conviction of health care company executives for actions based on a reasonable interpretation of a vague Florida law offers a sobering case study on abuse of prosecutorial discretion and the iniquities of overcriminalization of business conduct.