Fred Pomeroy was an assistant traffic manager for the New York Central and Hudson River Railroad Company. In that capacity, he handed out “rebates” to the American Sugar Refining Company in New York and New Jersey and to W. H. Edgar & Son in Detroit. The goal of the rebates was to convince the sugar refiner and the sugar dealer, to use the railroad for their shipments rather than some other method. The problem with this arrangement was that the shipping rates were fixed by federal law and, thus, the rebates amounted to a bribe. Pomeroy and New York Central were prosecuted under the Elkins Act and were found guilty.

On an appeal that went all the way to the U.S. Supreme Court, New York Central argued that, while Pomeroy could be prosecuted under the criminal statute, the corporation could not. Can the corporation be prosecuted? What theory would you advise the court to use in this case? Explain. What will the outcome be? (See New York Central & Hudson River Railroad v. United States, 212 U.S. 481 (U.S. Supreme Court).)