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PHILLIPS CHEMICAL CO. v. MORGAN

No. 82-2489.

440 So.2d 1292 (1983)

PHILLIPS CHEMICAL COMPANY, a Foreign Corporation, a Division of Phillips Petroleum Company, a Foreign Corporation, Appellant, v. Maurice MORGAN, Kenneth R. Gamble, and Gam-Co Corporation, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 8, 1983.

Attorney(s) appearing for the Case

McCune, Hiaasen, Crum, Ferris & Gardner, and Davis W. Duke, Jr. and J. Clifton Cox, Fort Lauderdale; Stewart R. Werner, Oklahoma City, Okl., for appellant.

Watson, Hubert & Clark and Henry B. Carpenter, Fort Lauderdale, James B. Matthews, Miami, for appellees.

Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

We are concerned with the legal consequences of a flagrant case of commercial bribery involving kick-backs to an employee of half of the profits realized from transactions he secretly effected between his principal and a co-participant in the scheme. In reversing the judgment below, we hold that both the employee and the third party are liable to the employer for the profits "earned" through the arrangement, and that the co-conspirator is barred...

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