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First: because it's really hard to pinpoint exactly who is responsible for something like this in a large organisation. Is it the CEO? They are unlikely to know
by IfOnlyYouKnew 7y ago
First: because it's really hard to pinpoint exactly who is responsible for something like this in a large organisation. Is it the CEO? They are unlikely to know enough about French taxation. Is it the local accountant? That's probably a team as well.
Second: Cases like this often arise from different interpretation of laws that are all at least plausible. Companies may tend to be somewhat too optimistic in their interpretations, but it's rare, at least at that size, that they actively try to commit tax fraud.
Third: It is the company that profits from the offense, so it's only fitting to apply any sanctions to it.
Fourth: Making this criminal law would raise the required standards of evidence to a level where few of these cases could ever be prosecuted.
- stingraycharles 7y ago> Is it the CEO? They are unlikely to know enough about French taxation. That's besides the point. If you want to operate in a certain country, you need to - as a business - familiarize yourself with their laws. The CEO is ultimately responsible for ensuring the company abides the law. If the CEO doesn't know enough about French taxation, that's not an excuse not to follow the rules: the CEO should then delegate the task to someone they trust, but ultimately it's their responsibility.
- esoterica 7y agoIf a McDonald’s cashier steals from a customer should the CEO go to jail as well? How far do you want to take the concept of “the CEO is criminally responsible for everything their underlings do”?
- CasualSuperman 7y agoIs this cashier giving the money to their manager? No, they're pocketing it. Just because they were on the clock doesn't make it the responsibility of the company.
- MichaelApproved 7y ago> because it's really hard to pinpoint exactly who is responsible for something like this in a large organisation. That's usually the case for most crimes, which is why we have detectives investigate them. How do you find a murderer in a large city? You Investigate! Same goes for corporate crimes. Investigate!
- hrktb 7y ago> Is it the CEO? They are unlikely to know enough about French taxation This line of thinking becomes a shield for executives, letting them push subordinates into corners where they'll have very strong incentives to do illegal things. And they will benefit from these illegal actions, while being responsible of nothing as they won't know enough on any subject. This feels like a moral hazard paradise to me.