The Crime of Doing Nothing无为罪.pdfVIP

THE CRIME OF DOING NOTHING: STRICT LIABILITY FOR CORPORATE OFFICERS UNDER THE FDCA Brent J. Gurney* Howard M. Shapiro Robert A. Mays Wilmer Cutler Pickering Hale and Dorr LLP Washington, D.C. I. INTRODUCTION Can the government convict a pharmaceutical executive of a crime without his or her having any knowledge of or involvement in the offense? The answer is “yes,” under the strict liability misdemeanor offense in the Food, Drug, and Cosmetic Act (FDCA).1 The provision makes executives vicariously liable for the crim