Guam § 4 - Criminal Liability of Corporations.

§ 4. Criminal Liability of Corporations.

(a) A corporation may be convicted of:

(1) any offense committed in furtherance of its affairs on the basis

of conduct performed, authorized, requested, commanded or recklessly

tolerated by (A) the board of directors; (B) a managerial agent acting

in the scope of his employment; or (C) any other person for whose

conduct the statute defining the offense provides criminal

responsibility;

(2) any offense consisting of a failure to perform a duty imposed

by law; or

(3) any petty misdemeanor or violation committed by an agent of

the corporation acting in the scope of his employment in furtherance of

its affairs.

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(b) It is no defense that an individual upon whose conduct liability of

the corporation is based has not been prosecuted or convicted, has been

convicted of a different offense or is immune from prosecution.

(c) As used in this Section, managerial agent means an agent of the

corporation having duties of such responsibility that his conduct may fairly

be found to represent the policy of the corporation.