BUG, Inc.
BUG, Incorporated is a company that designs, manufactures, and sells electronic recording devices. The majority of their clientele are businesses that are in law enforcement. The type of equipment they sell enables the ability to listen secretly to other conversations via cell phone transmissions, telephone wire tapping and remote microphones. As in any business BUG should make sure they have different types of legal protection to ensure their employees, vendors and the company is protected.
BUG must consider protections for its intellectual property, such as patents, copyrights, trademarks, and contractual. A patent is a grant of property rights, approved by the Patent and Trademark Office. Patents are beneficial for BUG because part of BUG equipment is driven by software designed by employees of the company. A trademark is a distinctive way in which businesses goods and services are represented. Trademarks come in the form of a logo, symbol, words, or brand names for packaging purposes and provide security for BUG’s company logo when expanding internationally. A copyright affords protection of original literary, artistic works, and sound recording. BUG inventions are protected from reproduction by other businesses with a copyright.
WIRETAP, Inc. is a competitor of BUG. Steve, one of WIRETAP’s current employees, obtained a job at BUG in the research and development department. While working at BUG, Steve forwarded e-mail pertaining to client relations, both domestic and international, and information about the BUG product lines to WIRETAP. Many crimes are committed against business property often engaging in stealing or theft and the misappropriation of funds. Steve engaged in taking another business’s property, namely tangible property, trade secrets, computer programs and other business property. Steve faces civil liabilities of larceny and, more appropriately, theft. Additionally, Steve faces specific crimes committed by business people only, referred to as white-collar crimes, involving being cunning and decei tful. Embezzlement also applies to the situation because property is being stolen by someone BUG has entrusted in being a key element in a civil case.
WIRETAP is liable for engaging in receiving stolen property or intentionally depriving the rightful owner of property. WIRETAP is also liable for obtaining property through dishonesty and trickery amounting to a crime of false pretenses, also known as criminal fraud and deceit. Depending on how the company intends to use the stolen information, intentional misrepresentation, falsely representing the material fact, applies. Furthermore, WIRETAP is participating in a very common law tort of palming off, an old form of unfair competition often occurring when one company tries to palm off its own product on the competition.
I believe corporate liability would allow a case to be filed to require the money stolen to be repaid in a judgment against the corporation. A corporation has no actual body making jail time impossible, but makes it possible for The Sommet Group to be held accountable and pay a select dollar amount that satisfies the fraud committed by the employee and by association the corporation.
Throughout history there have been many white collar crimes. These crimes are defined as non-violent and financial-based crimes that are full ranges of fraud committed by business and government professionals. These crimes are not victimless nor unnoticed. A single scandal can destroy a company and can lose investors millions of dollars. Today, fraud schemes are more sophisticated than ever, and through studying: Enron, LIBOR, Albert Wiggan and Chase National Bank, Lehman Brothers and Madoff, we find how the culprits started there deception, the aftermath of the scandal and what our country has done to prevent future scandals.
Most everyone goes home after a long day of work and watches the news. Think, what is usually reported? The weather, local activities, headline news, or daily criminal activity. Shootings, stabbings, homicides, etc. are all discussed by media anchors these days. This causes most everyone in our society to become familiar with crimes that are considered street crimes. What most people don’t hear about on the news is what is considered white-collar crime, sometimes known as corporate crime. White-collar crime not only is less reported in the media but also receives weaker punishments than street crime. This paper will first discuss the similarities between the two types of crime and then explain why their punishments are strongly different.
E.). There are various costs of white-collar crime, although an accurate measurement is not easy, they are hard to asses as well as very complex. There are enormous financial losses, sometimes physical damage as a result of negligence, as well as social costs: weakened trust in a free economy, confidence loss in political organizations, and destruction of public morality. “White collar crime could also set an example of disobedience for the general public, with citizens who rarely see white-collar offenders prosecuted and sent to prison becoming cynical about the criminal justice system” (Conklin, J. E.). White-collar crime is undeniably a crime and often encompasses elaborate
White-collar crime is the financially motivated illegal acts that are committed by the middle and upper class through their legitimate business or government activities. This form of crime was first coined by Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation.” (Linden, 2016). Crime has often been associated with the lower class due to economic reasons. However, Sutherland stressed that the Criminal Justice System needed to acknowledge illegal business activity as crime due to the repercussions they caused and the damage they can cause to society (Linden, 2016). Crime was prevalently thought to only be
White collar and corporate crimes are crimes that many people do not associate with criminal activity. Yet the cost to the country due to corporate and white collar crime far exceeds that of “street” crime and benefit fraud. White collar and corporate crimes refer to crimes that take place within a business or institution and include everything from Tax fraud to health and safety breaches.
In order to coherently understand the meaning of white collar crime, Friedrichs (2010) states that it must be approached in stages. The first stage is polemical, and is related to the definition. The second and third stages are typological and operational. As previously mentioned, white collar crime has been quite heavily debated, and currently there is no definition that is generally accepted by criminologists. Some argue that the term white collar crime should be abandoned altogether, and another issue is where it is appropriate to draw the line between legal practices and illegal practices (Hayes & Prenzler, 2012; Dobovšek & Slak, 2015). Throughout time, the scope of white collar crime has broadened to include many other typologies of white collar crime, due to the fact that technology has and continues to advance. The most common types of white collar crime include occupational crime, corporate crime, state crime, financial
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws .The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. section 1051 et seq) also known as the trademark act of 1946 provides protection for trademarks. A trademark is defined as a name, a word, a symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured and sold by others. (Miaoulis 1978)
Byte Products, Inc., headquartered in the midwestern United States, is regarded as one of the largest volume supplier for the production of electronic components used in personal computers. Byte Products, Inc., was a privately owned firm that has now entered to be a publicly traded company. The majority of the stockholders are the initial owners of Byte, when it was still privately owned. The products that Byte produces are primarily found in computers used for business and engineering applications. Byte Products, Inc., has been the leader in this industry for the past six year with consistent yearly revenues of 12% and total sales of approximately $265 million. Byte also has 32% of the market share.
Crime comes in different ways, shapes, and forms. From corruption to murder, the seriousness and blameworthiness varies from crime to crime. The most common factor of all crime is that it is illegal. The problem with prosecution is that some crimes can find loopholes around the rigidity of the laws created. This is the hardest for white collar crimes. With so many types of white collar crimes, it is hard to understand where it belongs on the scale on seriousness and blameworthiness and how to prosecute. With white collar crimes, they are most commonly seen as “victimless” or “paper” crimes, since they do not involve physical harm to the people included. With so many types available to analyze, the purpose of this paper is to focus on bribery, perjury, and fraud. When it comes to white collar crimes, or any crime for that matter, we do not only need to focus on what causes it and society’s reaction to it. We need to look into prevention of it and being able to stop it before it even starts.
This case illustrated that there were real consequences to white collar crime. In addition to paying the fifty million dollar fine, he relinquished another fifty million dollars of his illegal trading profits. (He still had millions remaining, however, from his illegal gains.) His actual prison sentence was three years, yet he served only twenty-two months in the federal prison at Lompoc, California, which was known to have a “country-club” atmosphere.
White collar crime was first defined by an American sociologist from Nebraska, Edwin Sutherland, in 1939. He defined it as “A crime committed by a person of respectability or of high social status in the course of his occupation”. Now days, it is defined as “A crime that is financially motivated non- violent and committed by business or government professionals.” White collar criminals do not use violence to obtain the money but instead they use deceit and concealment, they misuse their power and trust. It is often seen as a less serious crime although we hear about these types of crime in the news all the time. The most common types of white collar crime are embezzlement, tax evasion, money laundering.
... have to be surreptitious since much information is readily available i.e. the internet. Firms and individuals can also simply request for general information through the phone or e-mail or even approach foreign companies as potential business partners in hopes of gaining access through business relationships.58 Corporate espionage is undoubtedly a growing threat for organizations and not much can be done since intellectual property is intangible. The best proven weapon against this cybercrime is to protect information assets well since an organization with a responsible attitude towards information security and proactive measures to implement it will find its forts strongly built.59 To quote Sun Tzu: “The ultimate in disposing one’s troops is to be without ascertainable shape. Then the most penetrating spies cannot pry in nor can the wise lay plans against you.60
Champion, D 2011, ‘White-collar crimes and organizational offending: An integral approach’, International Journal of Business, Humanities, and Technology, vol. 1 no. 3, pp. 34-35.