Which of the following is a prosecutorial problem under the identification theory, which requires proof of higher authority if the corporation itself is to be held liable?

Question

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The identification theory requires prosecutors to establish that the corporate actors who carried out illegal activities were acting for the corporation, and not just for themselves. To do so, prosecutors must prove that the actors were at a high enough level in the corporation to be considered agents of the corporation. Proof of higher authority is necessary to hold the corporation itself liable for the illegal actions of its agents. A, B, and D may be prosecutorial problems in some cases, but they do not specifically relate to the identification theory.

Which of the Following Is a Prosecutorial Problem Under the Identification