Aiding and abetting
Encyclopedia
Criminal=
Aiding and abetting is an additional provision in United States
criminal law
, for situations where it cannot be shown the party personally carried out the criminal offense, but where another person may have carried out the illegal act(s) as an agent of the charged, working together with or under the direction of the charged party, who is an accessory
to the crime. Internationally, it is comparable to other laws governing the actions of accessories, including the similar provision in England and Wales
under the Accessories and Abettors Act 1861
.
It is derived from the United States Code
(U.S.C.), section two of title 18:
Where the term "principal" refers to any actor who is primarily responsible for a criminal offense
.
For a successful prosecution, the provision of "aiding and abetting" must be considered alongside the crime itself, although a defendant can be found guilty of aiding and abetting an offense even if the principal is found not guilty of the crime itself. In all cases of aiding and abetting, it must be shown a crime has been committed, but not necessarily who committed it. It is necessary to show that the defendant has wilfully associated himself with the crime being committed, that he does, through his own act or omission, as he would do if he wished for a criminal venture to succeed. Under this statute, anyone who aids or abets a crime may be charged directly with the crime, as if the charged had carried out the act himself. This is distinct from the concept of being an accessory after the fact, a charge distinct from being a principal.
In 1948, § 550 became 18 U.S.C. § 2(a). Section 2(b) was also added to make clear the legislative intent to punish as a principal not only one who directly commits an offense and one who "aids, abets, counsels, commands, induces or procures" another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States. It removes all doubt that one who puts in motion or assists in the illegal enterprise or causes the commission of an indispensable element of the offense by an innocent agent or instrumentality is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense.
Subsection (a) of Section 2 was amended to its current form in 1951 to read, "Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal." Subsection (b) was also amended in 1951 to add "wilfully" and "is punishable as a principal."
. For example, CIBC and Merrill Lynch
were separately charged with aiding and abetting Enron
’s evasion of record keeping requirements and required financial controls. Settlements, including disgorgement, penalties, and interest reached $80 million in both cases.Civil=
Aiding and abetting is also a legal theory of civil accessory liability. To prove accessory liability through "aiding and abetting," the plaintiffs must prove three elements:
Aiding and abetting is an additional provision in United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, for situations where it cannot be shown the party personally carried out the criminal offense, but where another person may have carried out the illegal act(s) as an agent of the charged, working together with or under the direction of the charged party, who is an accessory
Accessory (legal term)
An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal...
to the crime. Internationally, it is comparable to other laws governing the actions of accessories, including the similar provision in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
under the Accessories and Abettors Act 1861
Accessories and Abettors Act 1861
The Accessories and Abettors Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland . It consolidated provisions in English criminal law related to accomplices from a number of earlier statutes into a single Act...
.
It is derived from the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
(U.S.C.), section two of title 18:
Where the term "principal" refers to any actor who is primarily responsible for a criminal offense
Principal (criminal law)
Under criminal law, a principal is any actor who is primarily responsible for a criminal offense. Such an actor is distinguished from others who may also be subject to criminal liability as accomplices, accessories or conspirators....
.
For a successful prosecution, the provision of "aiding and abetting" must be considered alongside the crime itself, although a defendant can be found guilty of aiding and abetting an offense even if the principal is found not guilty of the crime itself. In all cases of aiding and abetting, it must be shown a crime has been committed, but not necessarily who committed it. It is necessary to show that the defendant has wilfully associated himself with the crime being committed, that he does, through his own act or omission, as he would do if he wished for a criminal venture to succeed. Under this statute, anyone who aids or abets a crime may be charged directly with the crime, as if the charged had carried out the act himself. This is distinct from the concept of being an accessory after the fact, a charge distinct from being a principal.
History
The first United States statute dealing with accessory liability was passed in 1790, and made criminally liable those who should aid and assist, procure, command, counsel or advise murder or robbery on land or sea, or piracy at sea. This was broadened in 1870, to include any felony, and by it an accessory was anyone who counsels, advises or procures the crime. These early statutes were repealed in 1909, and supplanted by 18 U.S.C. § 550, a statute which included the modern language of "Whoever aids, abets, counsels, commands, induces, or procures the commission of an offense is a principal."In 1948, § 550 became 18 U.S.C. § 2(a). Section 2(b) was also added to make clear the legislative intent to punish as a principal not only one who directly commits an offense and one who "aids, abets, counsels, commands, induces or procures" another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States. It removes all doubt that one who puts in motion or assists in the illegal enterprise or causes the commission of an indispensable element of the offense by an innocent agent or instrumentality is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense.
Subsection (a) of Section 2 was amended to its current form in 1951 to read, "Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal." Subsection (b) was also amended in 1951 to add "wilfully" and "is punishable as a principal."
Application to "white collar crimes"
Since 2001, the Securities and Exchange Commission has filed a number of complaints related to the aiding and abetting of securities fraudSecurities fraud
Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws....
. For example, CIBC and Merrill Lynch
Merrill Lynch
Merrill Lynch is the wealth management division of Bank of America. With over 15,000 financial advisors and $2.2 trillion in client assets it is the world's largest brokerage. Formerly known as Merrill Lynch & Co., Inc., prior to 2009 the firm was publicly owned and traded on the New York...
were separately charged with aiding and abetting Enron
Enron
Enron Corporation was an American energy, commodities, and services company based in Houston, Texas. Before its bankruptcy on December 2, 2001, Enron employed approximately 22,000 staff and was one of the world's leading electricity, natural gas, communications, and pulp and paper companies, with...
’s evasion of record keeping requirements and required financial controls. Settlements, including disgorgement, penalties, and interest reached $80 million in both cases.Civil=
Aiding and abetting is also a legal theory of civil accessory liability. To prove accessory liability through "aiding and abetting," the plaintiffs must prove three elements:
- That Defendant B breached a duty to Plainitff, the result of which injured Plaintiff;
- That Defendant A knowingly and substantially assisted Defendant B in breaching the duty; and
- That Defendant A aware of its role in promoting the breach of duty at the time it provided assistance.