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The prosecution of a company executive like Holmes in a civil case is fraught with obstacles, especially the need to prove its intentions, says Jacob T. Elberg, an associate professor of law at Seton Hall who filed a fraud lawsuit at United States Justice Hospital. Departments. “The most important thing in our criminal system is knowledge and purpose and not just results,” he says, and the problem often brings challenges to critics who want corporate executives to be held accountable.
It was logical for critics to focus more on financial fraud in the Holmes case, Elberg said, not on patients who were misled, because “there were clear, black and white lies, which is what the system wants right now.” This is a challenge for those who see the case as an opportunity to finally answer the plaintiff for the misuse of public trust.
When the verdict came, Alex Gibney, Elizabeth Holmes’ chief of staff The Inventor, says he was shocked and upset by the message he sent. “In the making of the film, the bright red line was immoral,” he tells me over the phone. He states: “They were putting patients at risk. “I would not have liked to have told the story if it had been a visitor to the elite — he crossed the line.”
The case did not follow a similar procedure. It would be absurd to imagine that a court would be morally upright or merely responsible for society in general. Indeed, there are many lawyers — whether senior and district attorneys or professional practitioners — who are seriously considering how to file a lawsuit to punish opioid producers, oil companies, tobacco companies, and gun manufacturers for the harm they have done. initiated. But these people are more likely to use the laws of the land, which do not have the same legal goals.
With professional companies, the task of blaming them for the damage they cause is extremely difficult. In the beginning, these companies are often popular with the public and oppose criminal cases by looking away, in a fun place that leads us. They also benefit from being seen as inactive — they do not dig wells, they tell us, they just leave anti-vax people to spit. The source of their errors may be a secret algorithm that seems to work on its own. It’s a great way, technically connected from the decisions that are made on their platforms. This could explain the feelings of helplessness that many of us experience when it comes to the growing power of professional companies – it seems persecuted around us, but no crime or terrorism has been linked to the tragedy.
To change this – in order to better protect people as we protect investors – we need to reconsider how we expect organizations and their agents to operate. We need to develop the capacity of government agencies such as the Food and Drug Administration to investigate in depth what may expose the malicious intent of government officials. In addition, we can shift the scale from the crime target to these cases to something that is easier to prove, such as negligence, which Senator Elizabeth Warren presented the idea in 2019 as part of the Corporate Executive Accountability Act.
The purpose of the change will not be to fill prisons with corporate executives, such as Holmes, but to inform them: When you think about how to treat people, do things with as much respect for the law as you can. by requesting a large check from depositors.
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