Collateral Damage and Securities Litigation

Because environmental crimes can be committed by businesses, regulating and enforcement entities such as the Department of Justice (“DOJ”) and the Environmental Protection Agency (“EPA”) may have a particular interest in indicting a corporation as a means of protecting the public at large. Although major environmental statutes such as the Clean Water Act and the Clean Air Act provide for civil penalties, some environmental violations are such that criminal charges may be appropriate both as a means of punishing wrongdoing and also to deter future violations. Additionally, the U.S. Attorneys’ Manual states prosecution of corporate crime is a high priority for the DOJ.