Criminal and civil liability

You and the other members of your group are paralegals and research attorneys in a law firm. You are representing a corporationand its chief executive officer in a criminal case alleging repeated fraudulent business practices in the collection of debts, and the charge falls under the Racketeer Influenced and Corrupt Organizations Act (RICO). Your staff is to do the following.

Determine the possible criminal and civil liability if convictions are obtained against the corporation and/or against the chief executive officer.
Determine whether the evidence obtained through the criminal investigation and prosecution can subsequently be used in other civil or criminal cases against these defendants that might be alleged by other victims of these fraudulent debt collection practices.
Determine whether any plea admitting responsibility by the corporation or by the chief executive officer in this case could be used against the company or its officials in any future criminal or civil case concerning similar fraudulent debt collection practices of the company.

 

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