Question: 1 . ( a ) Why is it important for businesspersons to have an understanding of the basic principles of criminal law and white -
a Why is it important for businesspersons to have an understanding of the basic principles of criminal law and whitecollar crime?
Is it essential for business people to understand the basic principles of criminal law and whitecollar crime because business people may be victims of various crimes. Equally possible, many business activities may lead to criminal behavior if those engaged in such activities are not well aware of the consequences of these actions.
b What is the difference between felonies and misdemeanors?
The difference between felonies and misdemeanors is felonies are punishable by fine or imprisonment for one year or more, commenced by grand jury indictment. Misdemeanors are punishable by a fine or jail sentence of less than one year, commenced by governmentcharged information.
The Fourth Amendment: Illegal Search and Seizure
Burger's junkyard business consists of dismantling automobiles and selling their parts. A New York statute authorized warrantless inspections of automobile junkyards. Police officers entered his junkyard, conducted an inspection, and discovered stolen vehicles and parts. Burger, who was charged with possession of stolen property, moved to suppress the evidence obtained as a result of the inspection. He contends that the administrative inspection statute is unconstitutional when it authorizes warrantless searches. Is he correct? Why or why not?
No this warrantless search and seizure of stolen parts was not unconstitutional because Burger did not have an expectation of privacy and freedom from these administrative searches
The Fifth Amendment: Protection against Self Incrimination
Roberts was the president and sole shareholder of a corporation. A federal grand jury issued a subpoena to him in his capacity as president. The subpoena required Roberts to produce corporate records. Roberts moves to quash the subpoena on Fifth Amendment grounds.
a Must Roberts deliver the records? Why or why not?
b Could Roberts be required to testify about the documents? Why or why not?
c If Roberts takes steps to dissolve the corporation, can he then avoid the subpoena? Why or why not?
His records are not privileged, but their production is An individual may not assert the Fifth Amendment privilege on behalf of a corporation, partnership, or other collective entity. A subpoena that demands the production of documents does not compel oral testimony, nor would it ordinarily compel the taxpayer to restate, repeat, or affirm the truth of the contents of the documents sought. The contents are not privileged. Although the contents of a document may not be privileged, the act of producing the document may be A government subpoena compels the document holder to perform an act that may have testimonial aspects and an incriminating effect. Compliance with the subpoena tacitly concedes the existence of the papers demanded and their possession or control by the taxpayer.
The Eighth Amendment: Cruel and Unusual Punishment
What are the four basic principles to consider to determine if punishment is cruel and unusual?
Fraud
Mary lost her billfold, which contained credit cards and an ATM access card. She had written her PIN on a piece of paper, which was also in the billfold. Al found the billfold. He used the credit cards and ATM card to obtain more than $ in goods, services, and cash. Is Al guilty of a federal offense?
yes, al used a means of interstate communication to steal dollars from marys account
Conspiracy
Allen, Mary, and Jon agreed to participate in a program to manipulate the values of securities Allen made several telephone calls to securities brokers in which he delivered false information about a number of companies. Before any further actions were taken, Mary and Jon decided to withdraw as active participants in the program. Did Mary and Jon commit any crime? Why?
Yes. the agreement to participate in wrongful activities can constitute the crime of conspiracy. A person does not need to know all of the details. Anyone not wishing to be a part of the conspiracy must disassociate themselves from the process immediately upon discovering the illegal scheme. Mary and Jon did not withdraw immediately.
Bribery and Kickbacks
A pharmaceutical company tried to boost its sales by encouraging doctors to use its new drug, LDL Control, to treat high cholesterol. An important part of their sales pitch included paying for lavish dinners and weekend trips for the doctors and their families. The company also gave doctors expensive gifts if they prescribed a certain number of prescriptions of LDL Control each month. Is this an acceptable form of marketing or criminal behavior?
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