|
|
|
|
|
|
by neokrish
2206 days ago
|
|
|
IANAL but bring a lot of knowledge from a corporate structure perspective. A company is nothing but a contract that is agreed upon between a group of people. While there is a distinction between airing a company vs an individual (concept of limited liability), this isn’t the case when we are talking about fraud. Fraud exposes the board and management for charges. In this case, she was on the board and she is also the CFO. It is fair game that she is held responsible for fraud. Now who should hold her responsible for it is another question. Does US have the right to do so? I personally think so. What value would the US financial fabric have if a company HQ’d in an extra territorial jurisdiction is able to conduct fraud elsewhere, using banks that are global? How would your idea that US cannot charge the CFO extrapolate is a company is HQ’d in Cayman Islands? |
|
|
I have no issue with the CFO of the company being held criminally accountable for fraud if it is the case. However, this is not the purview of the US. It was fraud against a non-US entity outside of US jurisdiction by a non-US citizen. It should thus not be tried under US law. If the US is unhappy that they cannot apply their law abroad they are free to pull out of global trade.
If it is obvious that the Cayman Islands turn a blind eye to fraud and do not prosecute fraudsters, the banks are free to stop doing business in the Cayman Islands in order to avoid having to pay for damages out of their own pockets. Otherwise, the federal government can also impose restrictions on the Cayman Island's access to the US banking system.
This is a very simple truth - the US Financial system is built to enforce economic violence against various innocent entities. I have absolutely no sympathy towards maintaining it and maintaining its power over the world without the US having to be accountable to the consequences of too strict restrictions, as happens under the system as it is currently, that gives the US Government fantastic and unjustified privilege and power.