Just saw this.....Bark River is no more?

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JasonInVa said:
Again, please cite the law that says the person grinding the made in china label is breaking the law. It may be the person who misrepresented the Chinese made product as made in the usa (whatever those definitions are). But again, that is management not the worker doing the misrepresentation.

FTC Made in USA Labeling — Employer vs. Employee Liability

Under 16 CFR Part 323 (FTC's Made in USA Labeling Rule), the employer/company bears liability for false country-of-origin labels — not the employee who physically made the change.

  • If an employee changes a label at the employer's direction, the employer is the responsible party. The employee is acting as an agent executing company policy.
  • Individual liability is reserved for executives or owners who had actual knowledge of and directed the deception — not subordinate employees following orders.
  • Civil penalties can reach $53,088 per violation, with each mislabeled product potentially counting separately.
  • The employee would not face FTC enforcement. An employee ordered to make a false label change may also have whistleblower protections if they refused and faced retaliation.
Source: 16 CFR Part 323; FTC Made in USA Labeling Rule (effective Aug. 2021); FTC Act Section 5 enforcement precedent.
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Typically the company/owner are held responsible, that doesn't change the fact that the employee, if they KNOWINGLY violated federal law, could be charged.

Also, fraud is a crime. Committing fraud because your boss told you to doesn't hold up either. How's that work for accounts that fudge numbers for their bosses? Yea. Not good.
 
DMG said:
We are discussing an alleged social media post. Not a court case. A good defense attorney would ensure his client went to court with a natural hair color.


Omg. I just realized where you got your username.
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You really don't get it. Never mind.


For the record, this is a great thread...and one of the most productive (and telling) in a number of ways.
 
oldmanwilly said:
*putting on the robes and wig that came free from Aliexpress when I ordered some knife kits*

Ask and ye shall receive.

View attachment 3141233

I don't think the defendant's own statements on the matter can be deemed exculpatory evidence, but it will depend on the rules of evidence in the given jurisdiction.

Edit: This tricky little detail might also come up, so I thought to add it on:

View attachment 3141250
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It's WHO legally did the fraud, not if there was fraud. Mike legally did the fraud, not the employees.


FTC Made in USA Labeling — Employer vs. Employee Liability

Under 16 CFR Part 323 (FTC's Made in USA Labeling Rule), the employer/company bears liability for false country-of-origin labels — not the employee who physically made the change.

  • If an employee changes a label at the employer's direction, the employer is the responsible party. The employee is acting as an agent executing company policy.
  • Individual liability is reserved for executives or owners who had actual knowledge of and directed the deception — not subordinate employees following orders.
  • Civil penalties can reach $53,088 per violation, with each mislabeled product potentially counting separately.
  • The employee would not face FTC enforcement. An employee ordered to make a false label change may also have whistleblower protections if they refused and faced retaliation.
Source: 16 CFR Part 323; FTC Made in USA Labeling Rule (effective Aug. 2021); FTC Act Section 5 enforcement precedent.
 
JasonInVa said:
It's WHO legally did the fraud, not if there was fraud. Mike legally did the fraud, not the employees.


FTC Made in USA Labeling — Employer vs. Employee Liability

Under 16 CFR Part 323 (FTC's Made in USA Labeling Rule), the employer/company bears liability for false country-of-origin labels — not the employee who physically made the change.

  • If an employee changes a label at the employer's direction, the employer is the responsible party. The employee is acting as an agent executing company policy.
  • Individual liability is reserved for executives or owners who had actual knowledge of and directed the deception — not subordinate employees following orders.
  • Civil penalties can reach $53,088 per violation, with each mislabeled product potentially counting separately.
  • The employee would not face FTC enforcement. An employee ordered to make a false label change may also have whistleblower protections if they refused and faced retaliation.
Source: 16 CFR Part 323; FTC Made in USA Labeling Rule (effective Aug. 2021); FTC Act Section 5 enforcement precedent.
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Being complicit in the fraud, is a crime.
 
shinyedges said:
Being complicit in the fraud, is a crime.
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Not in this case, they aren't technically complicit in any legal definition I know under federal law. State law can vary. You may Feel they are complicit, but feelings aren't an issue in a civil legal matter. But thanks for your opinion. What would you do if your boss told you to grind something at your $15 an hour job just wanted to go home to your family? This isnt wartime/war crimes tribunal, its grinding steel in a factory to make some money. You aren't a knife steel nerd or have hours of spare time to post on forums.
 
JasonInVa said:
Not in this case, they aren't technically complicit in any legal definition I know under federal law. State law can vary. You may Feel they are complicit, but feelings aren't an issue in a civil legal matter. But thanks for your opinion.
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If they knowingly violated a law, they could be held as being complicit. Not an opinion, a fact. It's applied all the time. Thanks for your opinion.
 
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