John Marshall Harlan II

“ The objections raised that the addition of criminal penalties would result in strict construction in favor of legality and would inflict punishment for violations of vague and uncertain provisions-applied as well to persons acting for their own account, admittedly included within the Act as passed, as to those acting for corporations. Moreover, Senator Sherman was promptly overruled by a vote of 34-12, adopting the Reagan amendment as an amendment to the Sherman bill. ”

“ Patton, 26 N.C. 16 (1843) , in line with the rule stated in 1 Bishop, Criminal Law (7th ed. 1882) , § 892, that an agent might be punished for crimes committed for his principal. Cf. United States v. Mills, 7 Pet. 138, 142, 8 L.Ed. 636. A substantial volume of convictions of individuals for corporate crimes had accumulated by 1890. [2] Congress legislated against this background; it used words sufficiently broad that representative crimes fell within their ordinary meaning; and the normal inference would be that Congress intended to punish those responsible for acts which it declared unlawful. ”

“ Neither case squarely upholds criminal responsibility in a 'representative' capacity. Among other things the court in MacAndrews & Forbes declared it possible to infer from the indictment that the corporations were 'doing one thing and the individuals another at or about the same time, which things were utterly different * * *. ”