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Let's say in a scenario, Organization X wants something illegal done. Organization X employs Person A in their organization to do the illegal task. Person A cannot do this task by themselves, so they hire Person B to do it.

Person B gets caught doing the illegal task and tells the police that all they know is that Person A paid them to do it. Person A says all they know is that Organization X told them to do it.

Under the U.S. legal system, who gets into the most trouble?

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  • Depends on what the acts are, and if this could be RICO (like, at some other point A asks X to do something for him)...
    – Trish
    Jan 25 at 17:14
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As stated in comments, this is a RICO case and Org X is criminally liable for the same illegal actions that were committed by Persons A and B. Depending on the nature of Org X, they would likely see the most punishment as the prosector would likely reduce the charges of A and B for coorperation in testifying against X (though likely between the two, B would get a more favorable deal than A since he came clean first.). This might change depending on if Org X is say a corperation, which can be charged as a legal person for a crime, but cannot be jailed like an actual human person. Thus, if A or B has a deal that results in some prison time, X would likely only have to pay a fine if found criminally guilty (and may lose certain liscesnses where applicable) which may not amount to much beyond a slap on the wrist if Org X is sufficently large enough.

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    can be RICO, even likely, but too little info to make sure it is RICO
    – Trish
    Jan 25 at 18:18

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