1. Michael J Saylor was the Chairman of MicroStrategy had committed fraud in reporting profits when the company was actually losing money. Mr. Saylor settled the civil charges that were filed in federal court in Washington without admitting or denying them and agreed to pay $8.3 million to shareholders and a $350,000 penalty to the S.E.C. I think that 8.3 million dollars to the shareholders is a lot of money to be paid. I do not agree with this price. Since he was the Chairman of the company, I think he should have not committed fraud. I know he did not want his company to collapse, but he still should have not committed fraud. I do agree with the 350,000 penalty to the S.E.C. I think that price is not too bad.
2. Anna Yun was a financial aid director of a private graduate school. Yun was responsible for processing applications for student aid. Yun applied for and obtained students loans for her mother, father, and two friends, even though they never applied to or attended the University. In order to obtain the loans, Yun falsely certified on the applications that the borrowers were full time students. The loans that were fraudulently applied for totaled 62,500. Approximately 33,000 was disbursed before the fraud was discovered. Yun is sentenced to 10 years in prison and 40,000 fine. I do agree with the 40,000 fine that Anna Yun have to pay because 33,000 of the loan was disbursed so I think she should have to pay 40,000. I do not agree to the sentence of 10 years in prison I think that is too harsh even though she should have not done dis in the first place. I think she should serve 5 years in prison since only 33,000 of the 62,500 was disburse. I would think that 10 years is too long for what she had done....
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...ey was supposed to go to the students enrolled at the school.
5. Richard Rhau fraudulently deposit stolen commercial checks worth approximately $890,000 into bank accounts opened at Citizens Bank and Fleet Bank. Rhau and others working under his direction opened the accounts using false identification. Other accounts were opened in the same manner at Banks in Rhode Island, Connecticut and New York. The total amount deposited during the scheme was nearly $2 million, of which $926,309 was reported as losses by the various banks involved. Rhau was sentenced to 2 years and 3 months in prison and $925,000 fine. I do not agree with this sentenced I think he should at least get 4 years in prison because he opened a lot of people accounts using false identification. I do agree with the fine because the banks lost 926,309 dollars so I think he should pay that back.
Facts: On July 29,2003 Detective Jason Leavitt was doing his usually undercover work, dressed in all black with twenty on dollar bill hanging out his pocket. Leavitt was then approached by the Miller (defendant) asking him for money. The detective refused to give him the money, in return the appellant put his arm around the detective’s neck taking the cash out of his front pocket. The arrest time the pulled up and took Miller into custody and charged him with larceny. Miller was convicted, and sentenced by the district courts to spend up to thirty two months, but no less than 12 months in jail.
Criminals can come in many different shapes and sizes. For example, a criminal can be classified as being a murderer or a criminal could just simply have committed fraud in a business setting. There is a large diversity of criminals and it is the judge’s job to determine what is a fair punishment for a guilty verdict. Judge Ron Swanson, a federal judge for the Florida District Court of Appeal, deals with using cost-benefit analysis daily to determine what is fair for everyone involved. Before becoming a judge, Judge Swanson was a prosecutor coming out of law school in the University of Florida. As a prosecutor and a judge, Judge Swanson has always worked to bring justice for the victims, the defendant if he or she is innocent, and for the citizens
James T. Johnson was a young man who had a good job working as a construction worker. Although, he had a job and worked every day he still lived at home with his mother. Furthermore, he was the type of young man who went to work on time and after work he would come home. Unfortunately, there were occasions where he would go out with a few of his co-workers on a Friday he still came home afterwards. Nevertheless, he was hiding a secret from his mother that later led to him being arrested. Now, rather than James uses his money he had earned from working, he burglarized homes and garages in the communities in his area. After burglarizing these homes he would then sell the items he had stolen via the internet or a pawn shop in two different counties.
This paper discusses the artist, Leon Bakst and his influences in the Ballet Russe as a costume and scenic designer and analyses its significant social message (political message, or etc.) as related to its time period.
Richman, D. (2013). Federal White Collar Sentencing in the United States: A Work In Progress.
I would like to take this time to explain my position on Plea Bargains and Mandatory Sentencing. I will show both pros and cons for each topic, as well as give you my personal brief on which one I support.
...ery of a banking institution. We must call for elimination of three strikes sentencing and return discretion to the trial court, eliminating this clear violation of the Eighth Amendment to the U.S. Constitution.
"… Cynthia Hood, 55, was entitled to a lighter sentence because she was not the ringleader of fraud and because her children would be in jeopardy without her presence"("Furst"). Cynthia Hood is one of many people who thought they would get away with criminal actions, yet her husband did the time in jail, even though she had the money behind her. Even though wealthy people believe they would get away with their crime they still had to pay the
...cross the United States; however, there are times when these sentences are not appropriate. Laws such as the “three-strikes-you’re-out” law and Title 18 U.S.C. 924(c) often create sentences that can be overbearing and extremely harsh. Therefore, judges and prosecutors have found ways in order to “get around” imposing mandatory minimum sentencing laws. Although this is usually considered to be a positive practice, it has also been known to create more issues within the criminal justice system. Thus, there is a need for further research to be completed with regards to the issues surrounding mandatory minimum sentencing laws and how they disallow for discretion within cases involving different circumstances. Applying ethical principles such as formalism can be useful; however, it does not completely solve the problem of unjustified mandatory minimum sentences.
...t sentence would be appropriate for a crime like this, there might be several people out there that have their opinion. Some will say that it isn’t enough, while others say that it is fine. There have been times where people have gotten a harder sentence because of their race, and that I think is unethical. However Machado got a year, maybe more time would give him more time to think about what he did wrong, but I hope he learned his lesson and understood that he did do something wrong. He didn’t physically hurt anyone, but he might have hurt these people mentally. I think that attending counseling to solve is anger issue was good and ethical.
The last case I watched before I had to go was of Jeffery Lynn Combs, case number S61248; he had 18 felony counts of forgery and theft. The court considers him a career criminal with a 20 page criminal record rap sheet. In this case he was writing checks in his deceased mother’s name in excess of over 10 thousand dollars. With all the evidence of the checks stacking up against him he decided accepted the guilty plea. Even with his legal team of Amy Hinkle and Stephen M. Wallace he was destined to have an extended sentence. He was sentenced to 6 years to 12 years, spending a minimum of 45% of the time in jail. The court is forcing him to pay restitution or compensation to the state of over $10,000. His arraignment is set for June 6th.
In modern day business, there can be so many pressures that can cause managers to commit fraud, even though it often starts as just a little bit at first, but will spiral out of control with time. In the case of WorldCom, there were several pressures that led executives and managers to “cook the books.” Much of WorldCom’s initial growth and success was due to acquisitions. Over time, WorldCom discovered that there were no more opportunities for growth through acquisitions when the U.S. Department of Justice disallowed the acquisition of Sprint.
One may ask, how is that different from the “Enron” scandal? There isn’t much to separate these two, it could be said that they are cousins. They both managed to cover their debts by overstating their revenue and profits and using other companies they owned to make profit or at least attempted to, but ultimately drowning in debt and committing fraud. What makes these two companies different would be the cooperation of the executives with the prosecutors or officials, which goes back to why Andrew Fastow only faced 10 years because he took a plea deal. On the other hand I believe 25 years for conspiracy, misrepresentation of statements and 7 counts filing false statements was well deserved because not only did that make a statement to the public, but in the eyes of the law Ebbers should have learnt from “Enron’s”
Some in the business world would argue that the recently intensified sentencing guidelines for white-collar crime provide sufficient punishment for the criminals involved. However, with the increase if the promi...
Louis Borget, the president of Enron, stole $3M from the company and transferred into his personal offshore account. The men of this company never considered the consequences their actions would have on stakeholders, such as the employees. Step #3 tells us to consider all stakeholders involved in a decision, but we saw that Enron was clearly blinded ethics. The company encouraged all employees to put all of their money into stocks, even though they knew the company was collapsing. 4. List the points of the movie you agreed with and state why. a. Rappaport said, “ Ultimately, the fatal flaw with Enron was a sense that brains and wiliness could out think the way that system will eventually work.” I agreed with this assumption because throughout the movie this was a common theme. For example, Enron made a deal with Blockbuster to try and sell movies online. When a Canadian bank heard about this they gave Enron a loan of 115 million dollars, in exchange for the profits. When the plan tanked, they counted the loan as a profit from the venture. 5. List the points you disagreed with or found unhelpful. a. The whole was able to give me a general understanding of what happened to