New law proposal for profit driven corporate crimes that harm the public good.
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The Corporate Accountability and Public Integrity Act (CAPIA)
Purpose: CAPIA aims to protect the public from corporate practices that prioritize profits over safety, health, fairness, and environmental sustainability, ensuring trust and accountability in commerce.
Key Features
1. Definition of Profit-Driven Corporate Crime
Profit-driven corporate crimes are defined as intentional or grossly negligent acts by corporations that harm public health, safety, or the environment or distort competition, with the primary motive of increasing financial gain. Examples include false advertising, concealing safety risks, environmental harm, data exploitation, price collusion, and planned obsolescence.
2. Principle-Based Framework
CAPIA is built on three principles:
• Transparency: Corporations must provide truthful, clear, and complete information.
• Harm Avoidance: Companies must prevent actions that knowingly or negligently harm public health or the environment.
• Accountability: Corporations and executives are personally liable for prioritizing profit over ethical obligations.
3. Strict Liability for Harm
Corporations are strictly liable for public or economic harm caused by violations. Penalties include:
• Fines based on revenue, not profit.
• Mandatory restitution.
• Corporate probation or dissolution for severe violations.
4. Executive Accountability
Executives and board members who approve or fail to prevent violations are personally liable, facing fines, bans from leadership roles, and criminal charges in egregious cases.
5. Whistleblower Protections and Incentives
Employees reporting violations are protected from retaliation, with anonymity guaranteed and financial rewards for successful enforcement assistance.
6. Independent Oversight
Establishes the Office of Corporate Accountability (OCA) to:
• Investigate and prosecute violations.
• Conduct random audits.
• Publish corporate integrity ratings.
7. Public Harm Assessments
Corporations must conduct and disclose Public Harm Assessments for major decisions like new products or mergers. Failure to comply is a CAPIA violation.
Structural Safeguards
• Broad definitions paired with industry-specific examples prevent ambiguity.
• Revenue-based penalties deter violations, especially for large corporations.
• Mandatory compliance programs and transparent settlements enforce accountability.
• Independent oversight ensures impartiality and public trust.
Impact
CAPIA deters misconduct by imposing severe penalties, protecting the public, and fostering trust through transparent enforcement. It ensures businesses thrive responsibly by holding them accountable for actions that exploit the public for financial gain.