I despise the courts, government, lawyers and whatnot but sometimes you have to fight fire with fire. In this case a competent lawyer on the front end can and will save lots on the back end.
It helps but... My usual disclaimer:
"I am not a lawyer."
"A Nimitz-class carrier battle group is not a lawyer,
either!"
By which point, my table mates, Hong Kong's Chief Prosecutor and his predecessor, by then High Court Judge were laffin' at what might come next:
Here's the killer:
"Ultra Vires" activity by the "thought-he-was-protected" entity pierces the corporate veil.
Strips away that protection. Entity in power can chose to fine heavily, much as global banks are routinely MILKED like a herd of cows for billions in fines ... but left operating. So MORE fines can be milked in future. As it they were cows, their CUSTOMERS ponying up the cash in higher fees and interest. All part of their operating costs. Hand-in-glove with "finance industry farmer" Governments greedy beyond mere taxes.
Or shut yah down. Hard.
You ain't HSBC, JP Morgan, Wells Fargo, nor Barclay's Brothers to be milked as profitably.
Officers, Directors, potentially all owners, immediately and PERSONALLY become liable for all sins, real or imagined. moneys and jail time included.
Second-generation of lawyers in my service recently retired, said:
"You use that term more than anyone else I have known in over 40 years at law. Most Attourneys are not even familiar with "ultra vires" situations. Why so?"
"Because part of my JOB, one Corporation after another, after another... was keeping arrogant Executives who thought they could
do anything they FELT like doing ...TF out of JAIL... or risk of losing a good company to the wolves!"
Those who did NOT have - and LISTEN TO - a "naysayer" of that sort
(there are many of us, after all..) as
grounding influence?
See Bernie Ebbers or Aubrey McClendon, just to name two of MANY!.
Meanwhile do NOT ass u me that a clever corporate structure is good enough, no matter HOW carefully operated.
If "they" WANT your ass badly enough? Dems or Ripofflicans, either or neither?
A crime will be found, or even CREATED - to fit the need to pierce that veil. One guy went down on "obstruction of Justice", died in prison, because he didn't even KNOW what they wanted him to know
for their convenience - hence was UNABLE to confess to it and cut a deal.
Look it up:
"ultra vires".
And be more careful than confident, going forward.
Most especially if YOUR Attorney is unable to explain it, explain it
well.... annnnnd "quantify" the risk for you in a(ny) specific endeavour.
(S)he shrugs it off as
de minimus? Thinks it will never be THEIR ass as will be in the vise?
Go and find you a wiser, safer,
consigliere.
One who understands that it MIGHT be their ass, not just yours.
Then also be one of the "good guys", whether you "like" the Laws or never..
No need to cheat nor take foolish risks. The "good guys" can still make money.
For longer, even.
And they even get to sleep better of a night!