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re: Can a CEO be criminally prosecuted for 80% dividend drop due to egregious decision

Posted on 7/1/17 at 6:39 pm to
Posted by GoIrish02
Member since Mar 2012
1491 posts
Posted on 7/1/17 at 6:39 pm to
Of course, any director/officer of a company, public or private, can be sued CIVILLY for wrongful acts as a manager by other owners, not to mention vendors, trustees of employee benefit plans, etc. Criminal prosecution is not possible for bad decisions, unless they stole money, redirected payroll taxes or similar theft.

My wife is a executive & management liability Underwriter. If bad managers didnt make stupid decisions and get sued, she wouldn't have a job.
Posted by tigersbb
Member since Oct 2012
13254 posts
Posted on 7/1/17 at 9:08 pm to
quote:

Of course, any director/officer of a company, public or private, can be sued CIVILLY for wrongful acts as a manager by other owners, not to mention vendors, trustees of employee benefit plans, etc. Criminal prosecution is not possible for bad decisions, unless they stole money, redirected payroll taxes or similar thef


This board has inadvertently brought some things to light that may be very helpful. You may be correct that a civil action by those harmed may be the most viable solution. The Business Judgment Rule may provide shield but also presents obligations for the persons asserting it as a defense.
Posted by tigersbb
Member since Oct 2012
13254 posts
Posted on 7/2/17 at 1:16 pm to
quote:

You are about to make your situation much worse if you keep divulging information here


Doubtful, but please explain.
Posted by tigersbb
Member since Oct 2012
13254 posts
Posted on 7/3/17 at 10:40 am to
quote:


Do you really think the government would put someone in jail for making a poor HR decision? You aren't breaking any SEC regulations by making a bad hire.

If it was such a bad idea, why didn't the board remove him before the damage was done?


The faulty decision making went way beyond poor personnel decisions. It involved changing processes and procedures which had been very successful and praised by independent analysts. These were profoundly poor decisions by someone who was clearly out of his league.

The board was clueless and ineffective as it held limited meetings and was not consulted on those decisions. The effect of those decisions were not readily apparent, but will become magnified in the next few years. The prior successes have masked what has occurred in the short term.
Posted by yellowfin
Coastal Bar
Member since May 2006
99037 posts
Posted on 7/3/17 at 10:45 am to
Still nothing criminal there

Things like fraud and theft are criminal. Not changing procedures
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