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  • CEOs, directors and criminal records

    The DJs sexual harassment charge has got me wondering. What is the score with company CEOs and directors with relation to a criminal record? If Mark McInnes gets charge and convicted of sexual harrassment is he still able to be a CEO or a director of a publicly listed company, or any company for that matter?
    Can a knowlegable person please explain it?

  • #2
    Re: CEOs, directors and criminal records

    I dont know if I qualify as knowledgeable though know how to spell it. ;D

    Most cases of harrassment are not a criminal offense. An unwelcome advance is an example where the harrassment is not a crime. Threats, assault, stalking are examples of crimes.

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    • #3
      Re: CEOs, directors and criminal records

      come on Mark, did you really think you had any hope of winning on......



      kind of hope Fraser-Kirk  wins

      as for criminals running companies, I think some of them are, just that ASIC is a toothless dog and wont convict.....

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      • #4
        Re: CEOs, directors and criminal records

        Originally posted by 707C757878711D0 link=1282126913/2#2 date=1282136994

        as for criminals running companies, I think some of them are, just that ASIC is a toothless dog and wont convict.....
        But once they have a criminal conviction are they legally prohibited from attaining/holding a position as CEO or a director?

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        • #5
          Re: CEOs, directors and criminal records

          A conviction for certain types of offences (generally ones involving fraud or dishonesty) may stop you from being a director of a company.

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          • #6
            Re: CEOs, directors and criminal records

            Originally posted by 0C302D363C3D2A3F373C580 link=1282126913/4#4 date=1282144044
            A conviction for certain types of offences (generally ones involving fraud or dishonesty) may stop you from being a director of a company.
            Thankyou TG

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            • #7
              Re: CEOs, directors and criminal records

              What TG said. We had a client that went to jail for indecent dealing and we felt that wasnt an issue. Not sure if someone in jail can be a director though. Would have to check that one out.

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              • #8
                Re: CEOs, directors and criminal records

                Criminal convictions bar you from standing for local and state politics in Vic and lets face it unless you own the company your chances of remaining a company board member or director unless the company wants to cop a media flogging are most likely ZERO anyway :

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                • #9
                  Re: CEOs, directors and criminal records

                  Fraser-Kirk is bring civil proceedings against D.J.s and McInnes.
                  Mark McInnes has not been charged with a criminal offence under NSW or Federal jurisdictions
                  As such, he stands to lose a substantial mount in damages if the court finds for Fraser-Kirk. However, this in no way would preclude him from holding a company directorship in the future unless he was declared bankrupt as a result in which case he would be ineligible for the duration of the bankruptcy until it is discharged.

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                  • #10
                    Re: CEOs, directors and criminal records

                    Sorry about the crappy spelling btw.... :-X

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                    • #11
                      Re: CEOs, directors and criminal records

                      The "man" will only prohibit people who are convicted of fraud/embezzlement/pricefixing/insider trading etc. from running a company.  Apart from that, it is up to the company and whether they think your "character" will affect your performance, and whether it will stop them from making money out of you.  As far as McInnes goes, Im sure he probably already has a better job and golden handshake from DJs.  

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                      • #12
                        Re: CEOs, directors and criminal records

                        Sexual harassment is totally wrong....

                        but seriously, 37million for a slap on the ar_se and commenting "nice ti_ts"....  its outrageous

                        you want money? go get a job and work for it

                        i would hate to see us end up like the USA where you get sued for looking sideways at someone, or you spilt your coffee and burnt your little finger because the cup was a bit smaller than the one you have at home and they didnt warn you

                        edit: and to be "on topic" - often ex CEOs are barred for a certain number of years before being allowed to be CEO again if they have run foul of the law. depends on the offence

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                        • #13
                          Re: CEOs, directors and criminal records

                          Originally posted by 6768776466606D6D6E6F010 link=1282126913/11#11 date=1283382373
                          but seriously, 37million for a  
                          No comment... Will it send a message to Bosses or just those who might make a buck ? Because it will not do any thing for those that condone or carry out said miss behaviour - as they miss the point any way.

                          Actions are wrong and it should be about social and culture not brought back to the $$$

                          Read the following and then read between the lines..  TBM and Idiocracy again and again.  Why because it is about people not taking responsibility and wanting/needing to blame another AND $$ are involved...  In the end it becomes the boy who cried wolf and when needed; every one will ignore.

                          http://adage.com/article?article_id=145621

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