U.S. v. Dotterweich

In U.S. v. Dotterweich, 320 U.S. 277 (1943), a corporation and its president/general manager were charged with delivering adulterated drugs under the Texas Food, Drug, and Cosmetic Act (TFDCA). The statute similarly defined a "person" as including corporations and stated that any person who committed a violation of the act was guilty of a misdemeanor. Dotterweich, 320 U.S. at 281. The Court first noted that all persons responsible for the violations were "equally guilty." Id. The Court noted that "the offense is committed . . . by all who do have such a responsible share in the furtherance of the transaction which the statute outlaws, namely, to put into the stream of interstate commerce adulterated or misbranded drugs." 320 U.S. at 284. The Court then determined that "it would be too treacherous to define or even to indicate by way of illustration the class of employees which stands in such a responsible relation," and that "to attempt a formula embracing the variety of conduct whereby persons may responsibly contribute in furthering a transaction forbidden by an Act of Congress, to wit, to send illicit goods across state lines, would be mischievous futility." 320 U.S. at 285. Instead, the Court held that the jury should be allowed to determine the responsibility of the "persons" involved, subject to a review of the sufficiency of the evidence. "The District Court properly left the question of the responsibility of Dotterweich for the shipment to the jury, and there was sufficient evidence to support its verdict." Id.