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Politics : View from the Center and Left
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To: greenspirit who wrote (105167)2/28/2009 4:50:59 PM
From: cosmicforce  Read Replies (1) of 540836
 
< Bernie Maddox should be held responsible for the actions of Bernie Maddox>

Good point. I don't want this done in civil court, the fraud is against the true owners of the corporation and the bonus would be fruit from a poisonous tree. This was a criminal act. An executive can't simultaneously be the head of the corporate artificial person, have that embodiment committing a fraud, personally benefit from this fraud, and leave the victim (shareholder) with no money. This is why I exclude past salary which has a "services rendered" context. That can only be incompetence. For the bonuses, though, either he or the corporation is guilty of fraud. He might walk but not with the shareholder's money arising from fraud.

Here is the clearest analogy if you ever become a member of one of these juries - if a person has their car stolen by a crime ring posing as a used car dealership, can the manager of the dealership benefit from the money selling the stolen cars in the form of a commission or sales bonus? No, any money he was paid was obtained by fraud committed by either himself, or the company which he is running. Even if he didn't know (he's stupid and innocent) the dealership (an artificial person) was then guilty of selling stolen goods. No one can't keep the money made in a fraud, even the stooge. It isn't theirs to keep. It belongs to the victim.
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