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by raincom 10 days ago
If a business is a two person shop, it is very easy to prove the culpability of a CEO. However, in a large corporation, it is very hard to prove the culpability of a CEO, as too many people are involved. That's why you see small business owners are easier to prosecute than CEOs of larger corporations.
3 comments

Thats the excuse given, but it makes no sense. All you do is state "CEOs are culpable for the actions of the campany". Bam, problem solved.
I genuinely used to think that the reason CEOs and other executives made as much money as they did was because they were accepting the risk of steering a large company that might screw them

Boy was I wrong. They have zero risk and pure upside of being an executive. Oh it's a hard job, it's stressful?

So is mine and I get paid peanuts in comparison!

That requires a change in criminal law, with an exception of RICO. However, the DOJ will not use RICO against the elite class, as ex-prosecutors end up working for the same elite through law firms.
That's a bit silly. Tough prosecutors and regulators get top jobs all the time. Being tough is actually a good way to raise your profile.
RICO statues are slapped against a specific set of people: Mafia. Without RICO, you can't just percolate up the culpability to the CEO without a solid proof. The issue here: laws, courts, how courts look at evidence. With RICO, the bar is lower.

In any large organization, there is a legal department, there is a chief legal office/General counsel. These guys train CEO enough how to pass down messages. When I was a salesman, my training team and my managers never told us to lie. However, the pressure tactics they use force sales people to lie. That's how things work.

Even if some assistant attorney/prosecutor wants to use RICO, he/she will be overruled in the same department.

You are right about RICO.

Sorry, I was generalising a bit without making that explicit:

> However, the [authorities] will not [use some laws] against the elite class, as ex-prosecutors end up working for the same elite through law firms.

I meant that in practice the revolving door seems to reward tough stances more than it seems to punish them.

Size isn’t an excuse.

If there’s no real accountability then it’s a very real and negative problem.

it is very hard to prove the culpability of a CEO for anything bad

it is very easy to prove to the CEO earned the credit for all things good

The issue is who should one prove the culpability to? As long as the board of directors agree that CEO earned the credit for all things good, he/she will get a fat bonus. For culpability, it is the jury/judge, where things are quite strict; otherwise, it is very easy to convict.
Yup, when the company succeeds or does something good, it's the CEO's excellent leadership. When the company fails or does something bad, the culpability gets spread vaguely over the entire company.