United States v. Park
United States Supreme Court
421 U.S. 658 (1975)
John Park (defendant), president of Acme Markets, was charged along with Acme itself with violating the Food, Drug, and Cosmetic Act (FDCA) after the company received interstate food shipments that were allowed to become exposed to rodent contamination at its warehouses; the FDA had sent Park letters about unsanitary conditions at two separate warehouses, and a follow-up inspection showed only slight improvement. Acme pleaded guilty, but Park proceeded to trial, testifying he had investigated the issues and conferred with other officers, while conceding on cross-examination that maintaining sanitary conditions was something he was "responsible for in the entire operation of the company." The jury convicted Park, but the court of appeals reversed, holding the government needed to prove Park's "wrongful action"; the Supreme Court granted certiorari.
Whether a corporate officer may be held criminally liable for the illegal acts of a corporation under federal law which the officer had the ability to prevent before the occurrence or to correct after the fact.