Commonwealth v. Beneficial Finance Co.

360 Mass. 188, 275 N.E.2d 33 (1971)

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Nature of the Case

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Facts

The evidence set out in detail shows that over a period of some seven years (1957-1963) a number of small loans companies (including Ds), together with a number of their officers and employees allegedly conspired to bribe Hanley. His office as a public official clothed him with extensive powers to approve or disapprove the activities of small loans companies doing business in the Commonwealth. The bribes were alleged to have been paid to Hanley over this period to induce Hanley (1) to approve various requests pertaining to routine matters; (2) to refrain from taking action adverse to certain of the defendants and co-conspirators at rate hearings held during 1957; and (3) to obtain approval of various changes in small loans regulations. D was held criminally responsible, in part, for the conduct of Farrell (D1) and Glynn (D2) who were neither directors, officers nor employees of that corporation. D1 was a vice-president and D2 was an employee of Beneficial Management, a wholly owned subsidiary of D. Neither of the employees were officers or directors of the corporation. The trial judge issued instructions regarding corporate liability based on the authority of the person such that the person committing the criminal acts was placed in a position by the corporation where that person had enough power, duty, responsibility and authority to act for and on behalf of the corporation and that he had committed a criminal act while acting on behalf of the corporation. D appealed that instruction.