Legal Question in Criminal Law in Massachusetts

Civil Litigations

A company funded by the city, and federal government,failed to perform appropriate audits on themselves. Some of the copany employees were indited. Who is responsible for civil litigation brought forth against the company, the city, the state, the company or federal agency.


Asked on 3/06/05, 12:48 pm

2 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Civil Litigations

It depends.

In a criminal context:

If the company broke federal law, then the U.S. Govt will prosecute.

If the company broke State law, then the State will prosecute.

If the company broke a city regulation, then the city will complain to the correct entity and that entity (either a fed or a State) will prosecute.

If an individual was the victim of wrongdoing, then the individual can go to a District Attorney or U.S. Attorney and complain and hope that that office will prosecute on behalf of the alleged "victim."

In the civil context:

Whichever entity (whether it be a government, a private institution or an individual) suffered harm and damage has the right to petition the courts in a civil case to seek a remedy or relief for the harm the entity suffered.

In some cases, shareholders can sue.

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Answered on 3/06/05, 12:59 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Civil Litigations

If I understand your question, whoever indicted had to present evidence to the grand jury to fulfill the elements for an indictment.

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Answered on 3/06/05, 4:27 pm


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