United States v. Dotterweich, 320 U.S. 277 (1943)

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United States v. Dotterweich

No. 5

Argued October 12, 1943
Decided November 22, 1943
320 U.S. 277

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

Upon review of the conviction of a corporate officer on informations charging the corporation and him with shipping in interstate commerce adulterated and misbranded drugs in violation of § 301 of the Federal Food, Drug, and Cosmetic Act, held:

1. The provision of § 305 of the Act, that, before reporting a violation to the United States Attorney, the Administrator shall give to the person against whom such proceeding is contemplated a notice and an opportunity to present his views, does not create a condition precedent to a prosecution under the Act. P. 278.

2. It was open to the jury to find the officer guilty though failing to find the corporation guilty. P. 279.

3. Where there is no guaranty such as under § 303(c) of the Act affords immunity from prosecution, that section cannot be read as relieving corporate officers and agents from liability for violation of § 301 . P. 283.

4. The District Court properly left to the jury the question of the officer’s responsibility for the shipment, and the evidence was sufficient to support the verdict. P. 285.

131 F.2d 500, reversed.

Certiorari, 318 U.S. 753, to review the reversal of a conviction for violation of the Federal Food, Drug, and Cosmetic Act.