(a)
Case summary: A person GP fraudulently told an undocumented immigrant that he knew immigration officials and could help him get lawful status. He asked for money in exchange for his help and was paid nearly $25,000 in the form of personal checks and wire transfers. The person GP had other individuals who made calls to the victim. They falsely represented themselves as agents with the U.S department of homeland security and asked for the continued payments. The person GP threatened the victim that he will contact the authorities and deport him along with his wife. In a federal district court, the person GP was convicted of wire fraud. The court stated that the person GP is a kind of person who can steal from anyone he comes in contact with.
To find: The ethical state of the person GP as per his conduct.
(b)
Case summary: A person GP fraudulently told an undocumented immigrant that he knew immigration officials and could help him get lawful status. He asked for money in exchange for his help and was paid nearly $25,000 in the form of personal checks and wire transfers. The person GP had other individuals who made calls to the victim. They falsely represented themselves as agents with the U.S department of homeland security and asked for the continued payments. The person GP threatened the victim that he will contact the authorities and deport him along with his wife. In a federal district court, the person GP was convicted of wire fraud. The person GP’s attorney argued that the person GP’s ‘difficult personal times’ is partially responsible for his criminal background. However, the person GP was sentenced to forty-eight months of imprisonment, which was more than the federal sentencing guidelines.
To find: Whether the sentence of the court was too harsh or too lenient.
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Chapter 10 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
- H. J., Inc., and other customers of Northwestern Bell Corp. alleged that Northwestern Bell had furnished cash and tickets for air travel, plays, and sporting events and had offered employment to members of the Minnesota Public Utilities Commission in exchange for favorable treatment in rate cases before the commission. A Minnesota statute makes it a felony to bribe public officials. H. J. and other customers brought suit against Northwestern for violating the criminal bribery statute. Can the customers bring a criminal action? [H. J., Inc. v. Northwestern Bell Corp., 420 N.W.2d 673 (Minn. App.)] Baker and others entered a Wal-Mart store shortly after 3:00 a.m. by cutting through the metal door with an acetylene torch. They had moved some of the merchandise in the store to the rear door, but the police arrived before the merchandise could be taken from the store. Baker was prosecuted for larceny. He raised the defense that he was not guilty of larceny because no merchandise had ever…arrow_forward11) Non-compliance with the provisions of the Privacy Act, Canada, is first monitored by a. the federal Privacy Commissioner. b. the courts. c. the Privacy Commissioner of the province in which the individual whose information is disclosed resides. d. the executive branch of the federal government. e. the Commissioner of Intergovernmental Affairs. 12) A breach of the provisions of the Ontario Freedom of Information and Privacy Act can result in a. a reprimand of the Ontario government by the Premier of Ontario. b. liability in damages for the provincial crown. c. a reprimand of the Ontario government by an Ontario high court. d. only a finding that the Ontario Statute has been breached. e. both a finding that the Ontario Statute has been breached and a reprimand by the Premier of Ontario. 13) Privacy legislation covering municipalities puts enforcement of a breach of privacy by municipal governments in the hands of a. the particular municipal Privacy…arrow_forward"Warranties.Harold Moore bought a barrel-racing horse named Clear Boggy for $100,000 for his daugh-ter. The seller was Betty Roper, who appraises barrel-racing horses. (Barrel racing is a rodeo event in which a horse and rider attempt to complete a cloverleaf pattern around preset barrels in the fastest time.) Clear Boggy was promoted for sale as a competitive barrel-racing horse. On inquiry, Roper repre-sented that Clear Boggy did not have any performance issues or medical problems, and that the only medications the horse had been given were hock injections, a common treatment.Shortly after the purchase, Clear Boggy began exhibiting significant performance problems, including nervousness, unwillingness to practice, and stalling during runs. Roper then disclosed that the horse had been given shoulder injec-tions prior to the sale and had previously stalled in competi-tion. Moore took the horse to a veterinarian and discovered that it suffered from arthritis, impinged vertebrae,…arrow_forward
- Cyber Scam. Kayla, a student at Learnwell University, owes $20,000 in unpaid tuition. If Kayla does not pay thetuition, Learnwell will not allow her to graduate. To obtain thefunds to pay the debt, she sends e-mails to people that she doesnot personally know asking for financial help to send Milo,her disabled child, to a special school. In reality, Kayla has nochildren. Is this a crime? If so, which one? (See Cyber Crime.)arrow_forwardSubject: Business Law and Regulations Topic: Nonstock corporation ABC Foundation engaged in providing feeding programs to homeless children and giving of food packages to victims of calamities using the funds of the foundation for this purpose. Mr. X, who is a member of the foundation is in a quandary as to whether or not the practice of the foundation in using its funds for the mentioned purposes is valid. He is quite fearful that with recent surge in calamities, it might deplete the resources of the foundation, and therefore, affect his own interest having made a contribution therein. He intends to question this practice of the foundation. Is his intention meritorious?arrow_forwardUpon becoming employed by a state-licensed mortgage company, an individual who works for a depository institution as a mortgage loan originator (MO) shall not be desmed to have temporary authority to set as an MLO in an application state if which of the following events has occurred? A) The individual has been a witness in a trial where the defendant was convicted of felony fraud. B) The individual has been subject to a court order for payment of child support. C) The individual had an application for an MLO license denied or an MLO license revoked or suspended in any governmental jurisdiction. D) The individual has submitted an application to be a state-licensed MLO in the application state and was registered in the MLS as an MLO by the prior employer.arrow_forward
- ) Jack was sued by Wowley for defamation, because of statements made by Jack in the public domain, which impugned wrongful, unethical behaviour by Wowley. Samla was subpoena to attend court as a witness, because she was present when Jack made the alleged defamatory statements. Jack as an incentive to Samla to attend court, promised to pay her the sum of $10,000 for her loss of time, but later on reneged on his promise, telling Samla to sue him because he is not giving her one cent. Samla thereafter sued Jack to enforce his promise, with a view to get the promised $10,000. Jack knows you are a Business law student and is seeking your advice on the matter. Please advise Jack.arrow_forwardOn a recent trip to Hongkong, Brian Santos, sales manager of Micro- electronic Devices, took his wife at company expense. Erika Tan, vice- president of sales and Santos' boss, thought his travel and entertainment expenses seemed excessive. Tan approved the reimbursement, however, because she owed Santos a favor. Tan, well aware that the company president routinely reviewed all expenses recorded in the cash disbursements journal, had the accountant record Santos' wife's expenses in the general journal as follows: Sales Promotion Expense 35,000 Cash 35,000 What is the ethical issue in this situation? What role does accounting play in the ethical issue?arrow_forwardPhillip is a broker who was hired by Sam to help him find a new investment property. Phillip identifies a property that fits Sam's investing criteria. Sam asks Phillip to do some research and provide him with an opinion of title on the property. Is Phillip permitted to do this? ○ No. This would be considered an unauthorized practice of law. No. Phillip needs his sales associates license in order to issue an opinion of title. Yes. Brokers are always permitted to issue an opinion of title. Yes. As long as Phillip notifies FREC, he can issue an opinion of title.arrow_forward
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