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Foreign Corrupt Practices Act
FCPA PAPER
The Foreign Corrupt Practices Act of 1977 (FCPA) evolved from investigations by the Office of the
Special Prosecutor that provided evidence of illegal acts perpetrated by U.S. firms in foreign lands.
More than 400 U.S. companies admitted to making questionable payments to various foreign
governments and political parties as part of an amnesty program (U.S. Department of Justice
http://www.usdoj.gov). Given the environment of the 1970s and the proliferation of white–collar
crimes (e.g., insider trading, bribery, false financial statements, etc.), particularly the payments made
to foreign officials by corporations, Congress felt obligated to introduce legislation that led to the
act. Congress's objective was to restore confidence ... Show more content on Helpwriting.net ...
This provision of the act applies to issuers of registered securities and issuers required to file
periodic reports with the SEC.
The accounting provisions require companies to "keep books and records, and accounts, which, in
reasonable detail, accurately and fairly reflect the transactions and dispositions of assets". The
purpose of this accounting provision is to make it difficult for organizations to "cook the books" or
use slush funds to hide any corrupt payments. Representative means for transfer of corrupt
payments which included overpayments, missing records ("No receipt"), unrecorded transactions,
misclassification of costs and, retranscription of records. The accounting provisions include a
requirement that companies design and maintain adequate systems of internal accounting controls.
This will provide reasonable assurance that transactions are executed in accordance with
management's authorization, transactions are recorded as necessary and access to assets is permitted
only in accordance with management's authorization. Any internal document that misrepresents the
actual nature of a financial transaction could be used as the basis for a charge that the "books and
records" section of the FCPA has been violated.
Enforcement of the act is shared. Civil and criminal enforcement of the bribery provisions for those
not required to file with the SEC rests with the Department of Justice. Responsibility for
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Organized Crime In The 1800s
Organized crime has been present in the history of the United States and can be traced back to the
streets of the early 1800's. Organized crime occurs when a group of people congregate together and
plan to commit a series of crimes to make money, usually illegally. Organized crime groups have
evolved over time from small rackets to grand organizations like the Italian Mafia. Crime
particularly began to become prominent in urban areas during the prohibition. Organized crime is
still just as visible today as it was back in the early 1800's. The first successful organized crime
group was the Forty Thieves of New York. This group "formed as hundreds of immigrants came
together for their own protection and financial gain." Organized crime became ... Show more
content on Helpwriting.net ...
"In January of 1920 the American government banned the sale and supply of alcohol, the
government thought that this would curb crime and violence, prohibition did not achieve it's goals,
leading more toward higher crime rates and excessive violence." The prohibition made bootlegging,
the illegal trade and sale of alcohol a popular activity among the Mafia and other gangs. The
distribution of alcohol turned out to be more complex than other criminal activities. Gangs
attempted to secure large territories where they could establish a monopoly of
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Arizona Police Department Swot Analysis
Introduction.
According to (Creative Educational Video Inc & Insight Media (Firm), 2009,) Strategic planning
and forecasting is an important part of any law enforcement agency. Forecasting can include Prison
Populations, Crime trends. Many experts believe that forecasting is not an exact science and that it
can be improved in the future. And according to (Creative Educational Video Inc & Insight Media
(Firm), 2009,) " SWOT analysis is a strategic planning technique used to help a person or
organization identify the Strengths, Weaknesses, Opportunities, and Threats related to business
competition or project planning". In the strategic plan the Scottsdale, Arizona Police Department
states that "ground up process of reflection, evaluation, and new directions that best reflect the
agencies mission and vision". The SWOT The process involved a review of key inputs, Strengths,
Weaknesses, Opportunities, and Threats (SWOT) analysis, a review of the existing mission and
vision statement, brainstorming to identify additional strategies, modification of existing strategies,
and prioritization of strategic issues.
More Information ... Show more content on Helpwriting.net ...
Key accomplishments and strategic plan progress. Personnel and available resources. City capital
improvement projects and residential/commercial development plans. Police Department budget
allocations.many different of ideas including way to upgrading 911 to better serve the communities ,
to improving the relationships among police and the network, as well as getting new recruits to the
police force and preserving them after they're in place. one of the things that was no longer
blanketed turned into any feasible budget cuts, and what's going to occur in that
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The Issue Of Cyber Crime
Introduction Anonymity has always been a desirable result when criminals commit a crime.
Whether a person is covering their face with a ski mask as they physically rob a bank or someone
infiltrates a hospital's network to steal personal information for ransom, every criminal finds
comfort in the warped sense that their identity will most likely be unknown, which will allow them
to evade law enforcement. Due to technological advancements, criminals are more likely to remain
anonymous after committing a criminal act when they engage in cyber crime. As a result, organized
crime has been able to evolve due to the rapid emergence of technology, presenting the greatest
threat to the transnational community known to date. 'Hacktivism,' which is the act of breaking into
computer systems for politically and/or socially motivated purposes, is challenging the fine line
between basic rights and criminality. The majority of criminals on the Internet have portrayed
themselves as 'hacktivists,' however, the distinction between criminals and 'hacktivists' questions the
extent of the rule of law in cyberspace. Cyberspace is defined as "the electronic medium of
computer networks, in which online communication takes place." In view of the nature of
cyberspace, 'hacktivism' naturally transcends borders, thus, making this an emerging transnational
issue that needs to be addressed as soon as possible. The best way to visualize cyberspace is
understanding Thomas Hobbes' theory on the natural
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Argumentative Essay: How Identity Theft Is A Crime
Identity theft, simply typing those words on the page conjures some very scary thoughts. Thanks to
that wonderful tool we call the PC we have all become vulnerable to what appears to be one of the
most sophisticated and profitable frauds of all time. The general public, uninformed and complacent
in their daily lives unknowingly leave an electronic trail of their daily activities scattered about our
uncharted cyber world. A credit card receipt, a simple post of personal information on Facebook, all
an invertible buffet for the criminals to feast upon.
Identity theft is fraud! Basically Identity theft is a crime when one person illegally obtains another
person's personal information, then deceives others into believing the thief is actually someone the
unknowing victim. This deception is usually used for monetary gain by stealing bank or credit card
account information. Other, seemingly non–0sensitive information like telephone numbers,
addresses, family names, and birthdates can also be used to gain easier access to account
information. One piece of that information might very well be useless, however when they are all
put together one's personal information puzzle can be assembled. When all the information is pieced
together a criminal can open new accounts in the victim's name for fraudulent purchases ... Show
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True name identity theft uses the victim's personal information to create new bank accounts cell
phones services or other lucrative accounts like credit cards. Account take over identity theft is
when the criminal assembles enough of the victim's personal information to take over the victim's
existing accounts. In this type of identity theft the criminals first step is to change the victim's
mailing address. Since there is no human interaction in online purchases, redirecting the mail will
give the criminal more time to cash in on their new
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Nuestra Familia Essay
A gang is an organized group with a recognized leader whose activities are either criminal or, at the
very least, threatening to the community. (Walker, 2011) Throughout history there have been some
infamous gangs that have gotten media attention and others that have gone under the radar. One of
the more underground gang structures are prison gangs. The Nuestra Familia may not be in the news
as much anymore compared to other gangs, but they are nothing to be taken lightly. Prison gangs
have been around since the late 20th century and only seem to be getting stronger if nothing is going
to be done to prevent them. Gangs in prison have members in and out of prison. One of the more
popular gangs that has been gaining steam recently is ... Show more content on Helpwriting.net ...
(NF 2011) This divide proved to be an igniter of the gang war between the Mexican Mafia and
Nuestra Familia.
The newly formed Nuestra Familia engaged in prison war against the Mexican Mafia throughout the
70's until the later 1970's when a formal divide was acknowledged between the gangs. After the
formal divide Nuestra Familia began making allies with other Californian Prison gangs like the
Black Guerilla family to defeat a common enemy, The Mexican Mafia. On the other side the
Mexican Mafia teamed up with the Aryan Brotherhood to combat the newly formed Nuestra Familia
and Black Guerilla Family alliance. In order for the Nuestra Familia to gain power in the prisons it
has to control the contraband coming in and out of prison. This is where the foot soldiers, the
Norteños, came in handy. Norteños is a Spanish term for northerners. (Gangland, 2008) The
Norteños operated under leadership from the Nuestra Familia members in prison. The Norteños
used the trafficking of drugs like marijuana, cocaine, heroin, and methamphetamine to gain
currency. They also had successful prostitution and identity theft rings to sustain their dominance in
northern California. This held true, the power of the Nuestra Familia has infinitely grown since its
beginning in the 60's.
The Nuestra Familia kept gaining power until the institution of the federal Racketeer Influenced and
Corrupt Organizations act (RICO).
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Organized Crime In America
Organized crime in America comes in many structures, yet it was the Mafia that developed with the
most elevated profile and aided in various demonstrations of Congress to enable law authorities to
deal with the threat. In the meantime, a significant part of the early history of organized crime is
generally indistinguishable from political corruption. In the first half of the twentieth century, the
law had regularly been known to choose not to see to illegal activity in light of personal
involvement, the risk of striking back, or political weight. In spite of the fact that organized crime
long originates before Prohibition, it was the illegal production and distribution of alcohol that made
endless offenders extremely wealthy and started the
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Discrimitions Of Organized Crime : The Definition Of...
The first thing is to look at the definition of organized crime. "Definition of organized crime: a
group of professional criminals who work together as part of a powerful and secret organization"
(Webster, M, 2017). Professionals not the first word you think of when crime is used. It wasn't a 9 to
5 job, but they have an organization like a business. From bosses down to the common workers.
"Boss, Consigliere (Counselor), Underboss, Caporegime (Lieutenant), Caporegime (Lieutenant),
Caporegime (Lieutenant), Caporegime (Lieutenant), Caporegime (Lieutenant), Soldiers (Members
grouped under Lieutenants)" (Schmalleger, pg. 352). The text book defines it differently. "Organized
crime specifically refers to unlawful activities of the members of a highly organized, disciplined
association engaged in supplying illegal goods and services, including prostitution, gambling, loan–
sharking, narcotics, and labor racketeering" (Schmalleger, pg. 352). Both point out that crime, or
criminal activity is involved. The book definition covers a variety of offences. The question is when
did it come into existence? "Organized crime can be traced back to the street gangs of the 1800s.
Notorious groups such as the Forty Thieves in New York formed as hundreds of immigrants came
together for their own protection and financial gain. Although the Forty Thieves were prosperous,
by the 1850s, the group had dissolved. Organized crime groups continued to flourish over the next
few decades, but the most notable example came from the Italian–Americans who formed the
Mafia, or The American Cosa Nostra" (Museum, C, n.d.). "The American Mafia, an Italian–
American organized–crime network with operations in cities across the United States, particularly
New York and Chicago, rose to power through its success in the illicit liquor trade during the 1920s
Prohibition era. After Prohibition, the Mafia moved into other criminal ventures, from drug
trafficking to illegal gambling, while also infiltrating labor unions and legitimate businesses such as
construction and New York's garment industry" (Staff, H, 2009). A group of induvials formed the
Mafia. A word most have heard, maybe seen it in the media John Gotti, or even the movies The
... Get more on HelpWriting.net ...
The Foreign Corrupt Practices Act Of 1977
The Foreign Corrupt Practices Act of 1977 (FCPA) evolved from investigations by the Office of the
Special Prosecutor that provided evidence of illegal acts perpetrated by U.S. firms in foreign lands.
More than 400 U.S. companies admitted to making questionable payments to various foreign
governments and political parties as part of an amnesty program (U.S. Department of Justice
http://www.usdoj.gov). Given the environment of the 1970s and the proliferation of white–collar
crimes (e.g., insider trading, bribery, false financial statements, etc.), particularly the payments made
to foreign officials by corporations, Congress felt obligated to introduce legislation that led to the
act. Congress 's objective was to restore confidence in the manner U.S. companies' transacted
business.
The FCPA is unique. Throughout history, governments have had laws making it illegal for
governmental officials to take a bribe. One basic provision of the FCPA is that it prohibits U.S.
partnerships, companies, and organizations from not only giving payments but also offering or
authorizing payments to foreign officials or political parties with the objective of encouraging or
assuring business relationships.
There are two types of bribery provisions. The first prohibits any bribes made directly by the U.S.
company. The second prohibits any organization from knowingly arranging for a bribe through an
intermediary. Many thought that the FCPA would place U.S. companies at a disadvantage in the
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Racketeer Influenced And Corrupt Organizations
Criminal enterprise is a group of individuals with a recognized hierarchy, or similar structure,
engaged in significant criminal activity. These organizations often involve multiple criminal acts
and have a large support system. The terms Organized Crime and Criminal Enterprise are alike and
often used synonymously. The Racketeer Influenced and Corrupt Organizations (RICO) statute, or
Title 18 of the United States Code, Section 1961(4), defines an enterprise as "any individual,
partnership, corporation, association, or other legal entity, and any union or group of individuals
associated in fact although not a legal entity (FBI August 2015). Furthermore, the statute, or Title of
the United States Code, goes on to give an even more detailed
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Marijuana Use among High School Seniors in the United States
Marijuana Use Marijuana use among high school seniors in the United States has been on the rise
causing greater concerns for addiction and health concerns among teenagers. According to the CDC,
in 2010, marijuana use among high school seniors rose to 21.4%, with 25.2% being male users and
16.9% being female (Health, United States, 2011, 2011). This shows a steady increase every year
starting in 2007 where 18.8% of high school seniors were using marijuana, with 22.3% were male
and 15.0% were female. Ages as young as 12 years old also showed the same statistical trends, even
in Middle Schools. Up to 1920, there were isolated accounts of marijuana and those that did show
up in the press showed marijuana being smoked for recreational purposes (Harrison, 2010). After
prohibition, marijuana markets started to emerge in cities. Harry Anslinger, Federal Narcotics
Commissioner, alleged marijuana as being responsible for violent cases and waged war against
marijuana in 1933. As a result, 46 states enacted anti–marijuana legislation. The Marijuana Tax Act
of 1937 placed marijuana with Schedule I drugs that included opium and cocaine. The Boggs Bill of
1951 and the Narcotic Drug Act of 1956 served to establish severe penalties for violation of drug
laws. The Single Convention on Narcotic Drugs in 1961 was enacted to modernize and coordinate
international narcotic control. Provisions were made for cannabis. The Controlled Substances Act of
1970 consolidated over 50 drug laws and
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The Texaco Oil Crisis
After it creation in 1964 the Texaco oil rig has been wreaking havoc on the local community. Before
the oil crisis in 1973 the need for oil has still high and Texaco had found a place that could satisfy
some of that need (Zaitchik, 2014). Texaco as well as the prominent Gulf Oil began to work in the
Oriente region of Ecuador. However, it was not until 1972 that Texaco began to work in the Lago
Agrio Oil Field one year before the Oil Crisis. This drilling for oil continued until 1993 when
Texaco left after being accused of dumping toxic waste into the local water systems for 21 years
(Amazon Watch, 2013). After the Industrial Revolution first and second world countries have been
heavily reliant on oil. This has led to a total (as of 2014) of ... Show more content on
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This toxic waste was creating terminal cancer, birth defects in mothers who come in contact with the
waste and other disease and growth that kill people that had not been seen previously. It also ruined
the environment and killed off many endangered species in the area (Romero, Simon, 2011).
Needless to say the evidence was overwhelming and they lost the case and the 30,000 effected
villagers as well as the Ecuadorian government won. Chevron appealed the court with more
evidence and they lost that as well (Chevron Toxico, 2013). Chevron filed RICO (Racketeer
Influenced and Corrupt Organizations Act) against those who won the first case. They then "went
after" the scientists who were doing reports in the local areas. They told their funders that they were
"in on a little conspiracy" in the Amazon regions. The bargain was either loose funding or change
the results; and "the scientists" chose the latter. Chevron then "went after" the journalists who were
documenting the spill and toxic waste. With the RICO charges filed, all journalists were required to
turn over all unused interview footage which did not only make it extremely hard to interview those
who were willing, but they also had to be very careful with questions that were posed. Again using
the RICO charges they forced all activists to turn over years of emails, messages, letters, and records
of any kind. (Chevron Toxico,
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Organized Crime In Hollywood
In today's society, when people think of organized crime they typically think of the Italian mob or
the Russian mafia. This is because they are the more popular groups that society sees on the big
screen and on television, as well as the ones that people talk about the most. According to the
"Crime Museum", organized crime is "a group of individuals working together to illicit profit
through illegal and often violent methods". Over the past decades, Hollywood's film industries have
fueled America's obsession with organized crime or mafia–style films. For these types of gangster or
mob movies to be effective, they must allow the audience to build a connection with one of the
characters in the film, who is of questionable morals and sleazy behavior, ... Show more content on
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These groups included the famous Forty Thieves who were based in New York. As the years went
by organized crime groups began to flourish more and more. The most notable group was the
Italian–Americans, which formed the Mafia. However, it wasn't until Prohibition that these groups
became successful and established. The mobsters in the 1920's and 30's, consisted mostly of Italian–
Americans which controlled a great deal of the organized crime in New York and Chicago. The idea
of prohibition became ironic because instead of creating a respectable and law–abiding society by
outlawing alcohol it assisted in creating one of the greatest crime filled period's in America's history.
Prohibition also helped to establish the famous mob leaders we know today, such as "Lucky"
Luciano and Al Capone. According to Hilary Parkinson in the article "Prohibition and the Rise of
the American Gangster", "from Los Angeles to Chicago to New York, organized crime syndicates
supplied speakeasies and underground establishments with large quantities of beer and liquor".
These underground networks formed a virtual river for alcohol. The prohibition age formed a
widespread network of crime bosses that worked together for a single cause. This was to buy, trade
and sell
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Federal RICO Statutes Essay
RICO, which stands for Racketeering Influenced and Corrupt Organizations Act, was created in
1970 by the United States Government as a way to help courts fight organized crime. These types of
organized crime are often called white collar crimes and they can range from fraud and
embezzlement to bribery. Before RICO was established it was far too easy for a person higher up
the ladder or ranks of a company or gang to dodge any sort of prosecution for their actions simply
because they were not the person who actually did whatever deeds that were being prosecuted.
Instead, said person would hold to the liability of others for acting out on their orders, making such
persons the only viable criminal, because they were the ones who actively ... Show more content on
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Stat. 895.02), that the defendants in the criminal action were members of the racketeering enterprise,
and that the racketeering conduct by the defendants was committed for the purpose of maintaining
or advancing their positions in the racketeering enterprise" (Criminal Law 472). What these rubrics
ensure is that it is able to be proven that a project or business was or is organized and was or is
operating in attempts to make profit by illegal means. It must be proven with evidence or testimony
that the defendants partook of these activities in order to keep their high level status or to gain status
within the business. It may also be noted that the two incidents of racketeering need to have
occurred within ten years of one another in order to uphold RICO laws. Also, many states have
created their own RICO–like laws that envelop and uphold many of the statutes of RICO itself, in
attempts to prevent any loophole activity from occurring. If a conviction is apprehended then the
defendant(s) is often subject to pay back numerous monetary sums including but not limited to,
funds that were accrued during the illegal activity, treble damages, as well as court and attorney
fees. There are a number of differing opinions on the RICO statute, include some of which that feel
as though RICO is overstepping some of its Constitutional bounds. The biggest Constitutional
upheaval that could be claimed would be
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Human Trafficking Victims Protection Act
As addressed there are numerous problems with human/sex trafficking. The impact of trafficking on
people and their communities are too important to overlook. Even though there aren't certain ways
of completely stopping it all together, there are ways to solve or shrink human trafficking. In the
past there have been policies established to try and hinder human trafficking. Various acts of
legislation have been passed to aid victims, prosecute criminals and stop associating with businesses
known for using enslaved workers. One of the largest legislation acts passed was the Trafficking
Victims Protection Act (Current Federal Laws Trafficking Victims Protection Act of 2000 2015).
The TVPA was originally created in the year 2000 and was used to ... Show more content on
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There are early systems being used to have an emergency team respond to areas that are more likely
to be trafficking. The alert would work in a similar style to Amber Alert, it would alarm when a
siting. Holding classes to help the community to become aware would be the first step. Classes
would be beneficial because people may not be able to identify a problem when there is one.
Sometimes it can be worse and they will think there is a problem when there was never one to begin
with. As far as the costs are considered it would be a little difficult to account for all the different
aspects. Implementing classes would take time and having people attend would be a little difficult.
Adding community benefits to people who complete training would be incentive for them to
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Memo on RICO Criminal Defense Practice
TO: L.T. Gator, VP Innocence Reigns, and Attorneys At Law FROM: L.O. Lee–Para, Support
Department RE: RICO Criminal Defense Practice Per your instructions, please find a broad
overview and recommendation for our firm's strategic direction in regard to the RICO criminal
defense practice. Certainly, it is understood that if we continue to robustly pursue RICO cases, there
may be a need to scale back on other segments of the business. However, if you will not the
enclosed exhibit, you will see that we can make a valid fiscal contribution to the firm based on just a
few RICO cases per annum. Additionally, references have been included to help buttress your
argument, but are listed separately for your convenience. Please contact me if I may provide
additional information. Background The RICO Act– The RICO (Racketeer Influenced and Corrupt
Organizations Act) was enacted as a Federal Law in 1970 and is codified as Chapter 96 of Title 17
of the United States Code. Its original intent was to prosecute members of the Mafia as well as other
individuals who were actively engaged in organized crime in the United Sates (18 USC Chapter 96
– Racketeer Influenced and Corrupt Organizations, 1970). The RICO Act focuses on those who
organized the crime, ordered the crime, or planned the crime not necessarily those who actually
committed the crime. The Act was originally intended as a means of aggressively prosecuting
members of organized crime families who were well–insulated from more
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The Westies: The Spillane's Murder Case
The Westies were an Irish neighborhood mob based in Hell's Kitchen. While the Westside gang
developed from the criminal efforts of Mickey Spillane in the 1960s, they became the Westies under
the leadership of James Coonan, who usurped the position immediately before Spillane's murder in
1977. Under Coonan, the Westies became the brutal enforcement tool of the Gambino crime family,
and began to fall apart after the members began turning on one another in the late 1980s.
The United States Senate Special Committee to Investigate Crime in Interstate Commerce,
popularly known as the Kefauver Committee after its chairman, Senator Estes Kefauver,
investigated organized crime which crossed state lines. It operated between 1950 and 1951 and
finally ... Show more content on Helpwriting.net ...
When Harold Whitehead called a friend of Coonan and Featherstone's a "fag" in a bar in 1978, one
witness committed suicide rather than testify and another refused to speak at all.
In 1979, Coonan and Featherstone were arrested after tipping a masseuse with counterfeit bills.
Coonan was found to possess a gun with an illegal silencer, and Featherstone was convicted of
counterfeiting. Featherstone was sentenced for six years to the Medical Center for Federal Prisoners
on the psychiatric ward, while Coonan was sentenced to four years in federal prison. Coonan
continued to control the Westies from prison, and when he was paroled in September of 1984,
Coonan followed the other gang members to New Jersey, where they had been displaced by the
gentrification of Hell's Kitchen.
Coonan attempted to turn legitimate by investing in a construction company called Marine
Contractors in Tarrytown, NY. Featherstone, on the other hand, although working for a trucking
company, apparently took the opportunity to avenge a long–past shooting death of one of the gang's
members. In 1977, John Bokun had been murdered; the Westies held Michael Holly responsible, but
Holly fled Manhattan for several years before returning. Holly was shot and killed by a man
matching Featherstone's description on April 25,
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International Cybercrime And Racketeering. Essay
International Cybercrime and Racketeering The word 'racketeering' commonly brings up the image
of Al Capone and John Gotti. The mafia seemingly coined this phrase in their dealings with illegal
organized crimes. The emergence of new technologies and the internet, racketeering has become
synonymous with the phrase cybercrime. Cybercrime refers to "crimes in which the perpetrator uses
their distinct skills with computer technology" to commit unlawful acts via cyberspace (Holt,
Bossler and Spellar, 2105, p. 9). Racketeering is defined as the "act of offering of a dishonest
service [a "racket"] to solve a problem that wouldn 't otherwise exist without the enterprise offering
the service" (Investopedia, 2010). Combine the two and there is potential to have catastrophic
consequences for both the victim and perpetrator. The case of David Camez is one in which $50
million dollars' worth of financial fraud was committed using the internet. Combined with
racketeering efforts, his case made headlines due to its influence on how the Justice Department
now looks at racketeering acts.
The Nature of The Crime On December 6, 2013 David Camez who resided in Arizona was
convicted and sentenced to 20 years in federal prison for his part in a complex cybercrime plot that
included racketeering offenses. The U.S. Department of Justice states that Camez's was charged
with "one count of participating in a racketeer influenced corrupt organization and one count of
conspiracy to participate in a
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Examples Of Adjudicatory Hearing
Definitions 1. Adjudicatory hearing is the fact finding process by which the juvenile court
determines whether there is sufficient evidence to sustain the allegations in a petition pg. 518 2.
Parens Patriae is a common law principle that allows the state to assume a parental role and to take
custody of a child when he or she becomes delinquent, is abandoned, or is in need of care that the
natural parents are unable to unwilling to provide pg. 506 3. Status Offender is an act or conduct
that is declared by statute to be an offense, but only when committed by or engaged in by a juvenile,
and that can be adjudicated only by a juvenile court. Examples are truancy, vagrancy, running away
from home pg.509 4. Intake is the first step in decision ... Show more content on Helpwriting.net ...
Dispositional hearing is similar to an adult sentence hearing. g. Juvenile disposition is the decision
of the court to place the juvenile in a correctional facility, a residence program, shelter or treatment
program. (Schmalleger, 2016) 3. Drugs are classified by levels in the Controlled Substances Act,
which was passed in 1970, and establishes what drugs are. a. Schedule I– has no medical usage,
cannot be used safely and have a great potential for abuse. Drugs in this category are: heroin, LSD,
mescaline, peyote, Quaaludes, psilocybin, marijuana and hashish, as well as some hallucinogens. b.
Schedule II– are drugs with a high abuse potential and a currently accepted pharmacological or
medical use. These drugs are: opium, morphine, codeine, cocaine, and PCP. c. Schedule III– drugs
have a lower abuse potential and have a medical use but could still lead to dependence. These are
some types of low–dosage antidiarrheal medicine, cold medicine and pain relievers. d. Schedule IV–
have a low potential for abuse and include depressants, sleep aids and minor tranquilizers, as well as
some
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The And Corrupt Organization Act
Under the Racketeer Influenced and Corrupt Organization Act (RICO) in a criminal or civil law suit
a pattern of racketeering activity must be ascertained by proving at least two acts of racketeering
activity have been performed within an interval of ten years. This law could not be upheld in Sedina,
SPRL v Inrex Co., 473 US 479 (1985) as two predicate acts could not be maintained (Twomey,
2013). Title IX of the Act is the Racketeer Influenced and Corrupt Organizations Statute, the
Organized Crime Control Act of 1970 became law. The purpose of the RICO statute is "the
elimination of the infiltration of organized crime and racketeering into legitimate organizations
operating in interstate commerce." S.Rep. No. 617, 91st Cong., 1st Sess. 76 (1969). Section
1961(10) of Title 18 stipulates that the Attorney General may designate any department or agency to
conduct investigations sanctioned by the RICO statute and such department or agency may use the
investigative stipulations of the statute or the investigative power of such department or agency
otherwise conferred by law. Lacking a specific designation by the Attorney General, jurisdiction to
conduct investigations for infringements of 18 U.S.C. § 1962 rests with the agency having
jurisdiction over the violations constituting the pattern of racketeering activity listed in 18 U.S.C. §
1961 (USAM 9–110.812) If I could revise an internal union conduct law it would the Racketeer
Influenced and Corrupt Organization Act (RICO)
... Get more on HelpWriting.net ...
Immigration To The United States During The Late 1800s And...
During the late 1800s and early 1900s immigration to a new better world, the United States Of
America was in full swing. With all the immigration from so many different countries brought much
diversity to America but it also brought a new type of crime, Organized Crime. This was due to a
part that the Italian Sicilian Mafia was under attack from Mussolini regime but also the creation of
the 18th amendment banning the sales, manufacturing, or transportation of any alcoholic beverage.
Although many immigrants were law abiding citizens those criminals looking for refuge from their
countries came to America and started neighborhood gangs. (Staff, 2017) Which eventually led to
bootlegging due to the demand for alcoholic beverages and the money
... Get more on HelpWriting.net ...
Mexican Mafia Research Paper
This is a criminal action that's purposely undertaken with the aim of acquiring influence, power and
gain. It involves a few people that organize themselves on various hierarchical basis and they
engage in both illegal and legal activities. The various positions might be assigned according to
friendship or kinship notably hierarchical or skill. There is extreme readiness to use bribery or
violence to maintain discipline and also to achieve targets that are intended. Organized offenses
have taken different names determined by the area but 'Mafia' is a universal name that relates to
numerous organized groups on the planet. Many of the areas has at one time had a mafia group;
since it has had the Italian American Mafia and the Mexican Mafias in ... Show more content on
Helpwriting.net ...
According to most accounts, the La Eme was formed in 1957 by Luis "Huero Buff" Flores. La Eme
quickly grew in size as well as stamina. In the 1960s, the California Department of Corrections
moved Eme members in an attempt to break up the gang task at DVI, to other prisons such as San
Quentin. This effort served to spread La Eme's sway to other prisons. As La Eme expanded, the
group saw the possibility of profiting from drug sales, extortion and gambling rackets inside
penitentiary, so leaders set taxes on such actions, driving Latino convicts to hand over a small
portion of profits to the gang. In the 1980s, this strategy was taken by La Eme to the street. By
joining forces with East Los Angeles street gang leaders, La Eme started to control activities like
contract killings, extortion, drug trafficking, and debt collection from inside prison walls.
As penitentiaries became more divided, competing race–based criminal organizations sprang up in
the California prison system, including the Black Guerilla Family and the Aryan Brotherhood. La
Eme continued to prosper in the face of this opposition, and even grew more arranged, drafting a set
of gang rules or "commandments" and recruiting members from Latino street gangs in Southern
... Get more on HelpWriting.net ...
The Government Of The United States Government
The United States government was created by the founding fathers to allow men to be free, but to
also have a governmental system that protects that freedom as well. The United States government
is problematic. It goes above and beyond the necessity and, because of this, is dysfunctional at best.
The government today has gone beyond protecting the rights of American citizens. It has become a
large entity that is wholly useless. The government of the United States is too large, therefore, this
creates many problems with things like governmental overreach and extreme inefficiency. A smaller
government would be more functional and could return to a more efficient, and likely constitutional
basis of existence. It may be difficult to move to a smaller government if the United States cannot
figure out a good way to do this. The size of the government has made it to be inefficient for almost
everyone to use. Unless one has insider knowledge, they must stand at the back of a seemingly
stagnant line to do simple tasks like applying for permits. Some of this inefficiency is the result of
errors made by the government which then create more complications to fix. According to the
Government Accountability Office ("GAO"), the United States government spends about 45 billion
dollars a year on federal programs that are redundant (Ehley 2014). For a government that is about
18 trillion dollars in debt, that is an enormous amount of wasted money. The GAO defines the
federal programs as
... Get more on HelpWriting.net ...
The Stereotypes Of Organized Crime
Organized crime has been an extremely prevalent subject over the past decades, whether it's in the
news, fictional stories or hybrid docudrama, this type of crime has been a steadily popular subject in
the media's eyes. It has provoked a stream of intellectual discussion on its nature and the impact of
its diverse representations. Regardless of opposing views as to this relationship, there is a broad
agreement that the media has a tendency to be selective and oversimplify. They tend to focus largely
on individual pathologies and violence. Hollywood's style of glamorizing things is commonly fused
with dubiously obtained facts, which provide an energetic account of excitement and danger for
society. This is because in today's world, quick news turnover and profit growth drive media.
Organized crime TV shows and movies have embellished and created popular stereotypical
characters as well as criminal activities, to the point where the line between real and fake has
become extremely distorted.
With this in mind, the article "The Chicago Outfit: Challenging the Myths About Organized Crime"
examines some of the many myths that people believe to be true due to what they hear and see in the
media. Stereotypes of organized crime or OC figures are a continuing feature of popular culture in
America. People have been obsessed with mobsters since the 1920s. They have been glamorized in
things such as books, movies, and television programs as well as been portrayed as criminals,
tycoons,
... Get more on HelpWriting.net ...
The Pros And Cons Of RICO Conspiracy
The United States District Court for the Middle District of Pennsylvania in Brown
v. Access Midstream Partners, L.P.1310, specifically addressed such civil RICO §
1962(d) conspiracy pleading contentions advanced by defendants alleged to have formulated,
implemented, and executed a sophisticated elaborate scheme to defraud real property owners in
connection with offering and promoting a natural gas drilling and gathering operation. Though
substantial returns were represented by the promoters as commercially attractive, in fact, the
promoters essentially reduced the amount of the income stream due payable by charging alleged
fees, costs, and expenses payable to a "third party," thereby significantly reducing the royalty
payments. The property ... Show more content on Helpwriting.net ...
1313
See Church Mutual Insurance Co. v. Alliance Adjustment Group, LLC, 2015 U.S.
Dist. LEXIS 121852 (E.D. Penn., 14 September 2015)(insurance fraud conspiracy claim sustained,
citing and following Smith v. Berg, 247 F.3d 532 (3d Cir. 2001)(RICO § 1962(d) conspiracy
charging mortgage lenders and title insurance institutions involved in high profile real estate
mortgage financing scheme with real estate developers exposed to conspiratorial liability
notwithstanding absence of actual commission of underlying predicate offenses).
1314
See Dean Browning Webb, Judicially Fusing The Pinkerton Doctrine To RICO
Conspiracy Litigation Through The Concept of Mediate Causation, 97 Kentucky Law Journal 665,
674–681 (2008–2009).
1175
examined such a highly visible RICO criminal enterprise endeavour in De Sole v.
Knoedler Gallery, LLC.1315 De Sole addressed RICO claims asserted against an upscale, highly
recognized pedigree art gallery and the gallery principals for promoting and selling forgeries of
paintings allegedly produced by internationally recognized artists including globally acclaimed
artists Jackson Pollock, William de
Kooning, and Mark Rothko. The gallery principals and operators engaged in
... Get more on HelpWriting.net ...
RICO Compliance Report
RICO represent Racketeer Influenced and Corrupt Organizations Act, which is a federal statute that
deals with fraud. The United States Congress enacted RICO in the early 1970's in an attempt to curb
organized crime, which includes businesses, drug dealers, and any person subject to committing
fraud. (James, Shapiro & Martin, 2006) "The federal law creates an individual "racketeering
offenses" that include participation in various criminal schemes and conspiracies, and that allows
government seizures of property acquired in violation of the act" (Hall, 2014, p.154). The essential
elements of RICO prohibit any individual from using income derived from a pattern of racketeering
activity. The RICO act involves a person collecting an unlawful debt to require an interest in an
enterprise affecting interstate commerce. RICO prohibits acquiring or maintaining through a pattern
of racketeering activity conspiring, conducting, or participating in the behavior of the affairs of an
enterprise affecting interstate commerce through a pattern of racketeering activity or collection of an
unlawful debt. However, mail fraud is the basis of the RICO violation. ... Show more content on
Helpwriting.net ...
Second, for RICO to be enforced, the government must prove that through the commission of two or
more predicate acts are continuous and interrelated constituting a pattern of racketeering activity at
least two acts occurring within ten years of each other. (James, Shapiro & Martin, 2006) Third, to
violate RICO, a person must either, directly or indirectly, acquire an interest in or administer an
"enterprise." An enterprise must exist independently from the racketeering activity in which it
engages investing income, its groups must have a common or shared purpose, and there must be at
least some continuity of structure or personnel. Fourth, for RICO to apply, the alleged racketeering
activity must affect interstate
... Get more on HelpWriting.net ...
Influence Of Gangs On Theu.s.
Influence of Gangs on the U.S Despite the discrete and sly manner of gangs, their presence and acts
have affected and continue to affect the U.S in many aspects. Since their early beginnings in the
1780s, shortly after the Revolutionary War, gangs have had control and power in many areas of the
U.S. When gangs were still a new idea in the U.S most had real jobs and few were involved in
serious crimes (Wolff 6). It wasn't until the nineteenth century, a time where the U.S economy was
in a rut and people were fighting for jobs, until these gangs became a problem. Most of these gang
formations sprung from European immigrants who came to America and were pushed aside. This
led to them having to struggle with finding jobs, which in turn gave ... Show more content on
Helpwriting.net ...
One example of this is the time at which both modernized police organizations and gangs were
formed. As Sutherland states, " It was not until the mid nineteenth century did unified, uniformed
police forces resembling modern police organizations emerge in the United States" and that "the
development of such police forces provided the specific service of controlling an increasingly
anonymous and threatening 'dangerous class'" (Sutherland 351). This "dangerous class" they speak
of are these gangs which also arose in the nineteenth century, which shows that their presence
influenced government to tighten up their police system and protection. This was a huge change and
step for the U.S that we still see impacting us and our community today, but it was only one of the
many changes that took place. Other changes that took place include the addition of the Racketeer
Influenced and Corrupt Organizations Act and The Continuing Criminal Enterprise Statute. The
Racketeer Influenced and Corrupt Organizations Act, also known as the RICO act, is an act that
focuses on built on existing legislation regarding organized crime. This is different that other acts
because it now allows the government to "seize assets before criminal defendants were brought to
trial, needing only to prove probable cause to make such a seizure" (Racketeer Influenced and
Corrupt Organizations Act). A
... Get more on HelpWriting.net ...
Assignment Five : Causes Of Combating Organized Crime
Combating Organized Crime
Assignment 5 Paul VanWormer
Class LEG410
Mr. Shofner
September 9, 2017
Organized Crime is an infection that spread to the United States as immigrants from Italy came to
America and brought with them the same tactics and mentality to combat the laws they felt did not
or should not impede their actions. Organized crime in its definition can encompass many factions
large and small, from drug trafficking efforts MS–13 to the criminal enterprise of the Mafia.
Terrorism and the groups that deal death for retaliation of that they feel is justified are also
organized criminals, their goals may not be the same as the Mafia but the results of actions can be
just as grave. As law enforcement works diligently to inoculate our society from these criminal
syndicates we must join in to create a society that is rid of the fear, intimidation, corruption and
death that these organizations bring about.
Sources of Organized Crime Determining who the bad apples are, is not the issue, having the
evidence and ability to capture and successfully prosecute those who distribute the destructive
nature of organized crime is. Reading the many news articles and textbooks available, we know who
the criminals are, and what they do. The nature of many illicit crimes, such as drugs, prostitution,
and pornography provide the lifeblood that allow organized syndicates to thrive, without a customer
there is no supplier. So those within society who choose to
... Get more on HelpWriting.net ...
Organized Crime Control Act Of 1970
Consequently, the federal government enacted the Omnibus Crime Control and Safe Streets Act of
1968 which granted money to state law enforcement and allowed wiretapping in cases of suspected
criminals; it was a first and direct attack to organized crime as a whole but not criminal
organizations (Finklea). Realizing this, the federal government passed The Organized Crime Control
Act of 1970 which gave more power to the government in order to combat and prosecute criminal
organizations (Finklea). As mentioned in the same article, it allowed Special Grand Juries to
investigate multi–jurisdictional organized crimes and for witnesses to be granted immunity from
prosecution in exchange for testimonies and protection of themselves and their families
... Get more on HelpWriting.net ...
Corrupt Influence
For my weekly journal, I decided to talk about Racketeer Influenced and Corrupt Organizations Act.
This act was established in 1970 by the congress to prevent organized crime in the United States.
One of the cases that I found online talks about two companies Allstate Insurance Company and
Providence chiropractic office. Providence Chiropractic violated the federal Racketeer Influenced
and Corrupt Organizations (RICO) Act so Allstate Insurance Company decided to sue them. Allstate
Company accused them for misrepresenting medical records to lift insurance claims. The owner
submitted false bills looking for installment for treatment that was never provided. Allstate claims
that the three women that were involved in this crime intentionally and
... Get more on HelpWriting.net ...
Yakuza Crimes
Organized crime is a dilemma on an international scale that has many adverse effects on society,
including human safety, risking peace, and the economic, social, cultural, political and civil
development of the countries operates within. It would be naïve to believe that we can could
completely get rid of organized crime. Many believe that organized crime will never end. It may be
combated, it may decrease over time, but it will always exist. The solutions to preventing organized
crime will come through finding ways to track down those involved and charging them with their
crimes. In this paper I will discuss on how the United States government can decrease the power of
the Yakuza. Organized crime in Japan goes back at least 300 years beginning with the following
groups: Yamagichi–Gumi, Kazou Taoka, Hideomi Oda and Yakuza. The first criminals operating
under these groups were displaced samurai needing a new mode of survival after ... Show more
content on Helpwriting.net ...
imposes sanctions on Japan's Yakuza crime syndicate). By eroding market integrity, quality, and
competitiveness and using financial systems to move, conceal, and increase illicit funds,
transnational criminals exploit and undermine not only the interests of the United States but also
those of all countries promoting the rule of law," the anonymous executive told the Law
Enforcement Examiner(U.S. imposes sanctions on Japan's Yakuza crime syndicate). The United
States can decrease the power of the Yakuza by working with international partners to deter or sever
crime–state alliances, raise awareness to alert businesses that may be unwitting facilitators for
criminal enterprises, and continue to develop appropriate safeguards to protect the legitimate flow of
trade and investment (U.S. imposes sanctions on Japan's Yakuza crime
... Get more on HelpWriting.net ...
Review for Exam 3 Essay
TRUE–FALSE QUESTIONS 1. In a criminal trial, the defendant must be proven guilty by a
preponderance of the evidence or beyond a reasonable doubt? True 2. A preliminary hearing
requires the prosecutor to present probable cause that the defendant committed the crime or requires
that bond be set? 3. A misdemeanor or felony is a crime punishable by a fine or a jail sentence of
less than one year? 4. Evidence illegally obtained by the police in violation of the Fourth
Amendment will be excluded from trial whether or not the police acted in good faith? True 5. The
Racketeer Influenced and Corrupt Organizations Act (RICO) was originally designed to combat
corporate crime? (Hint: No, organized crime...) False 6. General partners or Limited ... Show more
content on Helpwriting.net ...
Know which of the following statements is not true regarding the characteristics of a general
partnership? A. No minimum amount of capital is required. B. The partners must share in profits. C.
There must be a written partnership agreement. D. It may acquire property in its own name. 31.
Know that a partnership agreement usually includes, the division of profits and losses between the
partners, partnership salaries or withdrawals, the duties of the partners, all the responses are correct.
32. Know that civil and criminal claims are not mutually exclusive. 33. Review Embezzlement. 34.
Review Double Jeopardy. 35. Know that res ipsa loquitur would describe negligence where a post
operative x–ray showed a surgical sponge in your stomach. 36. Know the elements of a tort: Duty,
Breach, Damages and Causation. 37. In negligence cases, Defendants are generally held to the
standard of a reasonable person. 38. Which of the following describes when an employer is held
vicariously liable for the torts of the "servant" or employee if the employee was acting within the
scope of his or her employment? A. Worker liability B. Responder liability C. master/servant
liability D. Respondeat Superior 39. Under the doctrine of ________, the plaintiff may only recover
the proportionate amount of damages attributable to the defendant's negligence A. contributory
... Get more on HelpWriting.net ...
Summary: The Pennsylvania Crime Commission
In 1978, The Pennsylvania Crime Commission (PCC) was created by the Legislature to investigate
organized crime and public corruption in the Commonwealth. According to the PCC, the definition
of organized crime is defined as follows:
The unlawful activity of an association trafficking in illegal goods or services, including but not
limited to gambling, prostitution, loansharking, controlled substances, labor racketeering, or other
unlawful activities or any continuing criminal conspiracy of other unlawful practice which has as its
objective large economic gain through the fraudulent or coercive practices or improper
governmental influence. (NCJRS)
The PCC is similar to commissions in many other states, but is has no prosecutorial powers. Its
principal mission is to gather intelligence and refer cases to other law enforcement or regulatory
agencies that have the power to either prosecute or take administrative action. The PCC consists of
less than 40 agents and spends an estimated $10 million annually in ... Show more content on
Helpwriting.net ...
This creates the impression that the new commission would like to appear as an improved and more
organized extension of its predecessor. The mission of the PCCD is "To enhance the quality,
coordination and planning within the criminal and juvenile justice systems, to facilitate the delivery
of services to victims of crime, and to increase the safety of our communities." (PA.Gov) Times
change, and the way crime group organizations operate has also changed due to new technology, the
current economy, and globalization. The PCCD works with many other state and federal agencies,
including police officers, and continues to participate in prosecuting International narcotics
traffickers and major organized crime figures. They also play a huge part in fighting Human and
Labor
... Get more on HelpWriting.net ...
Rico Act Essay
The RICO Act has been an important component in addressing organized and white collar crime.
Write a five page (double–spaced) essay that summarizes the RICO Act and its impact on organized
and white collar crime. Be sure to support your thoughts with information from our readings.
Rico Act Essay
The term "Rico Act" stands for the Racketeer Influenced and Corrupt Organizations (RICO) Act,
Codified as chapter 96, Title 18, of the United States Code which was passed by Congress in 1970.
The purpose of the Act was to eliminate the ill–affects of organized crime on the nation's economy.
The Rico Act provides for extended criminal penalties and a civil cause of action for acts performed
as part of an ongoing criminal organization. The ... Show more content on Helpwriting.net ...
Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison
per racketeering count. In addition, the racketeer must forfeit all ill–gotten gains and interest in any
business gained through a pattern of "racketeering activity." RICO also permits a private individual
harmed by the actions of such an enterprise to file a civil lawsuit and collect monetary damages.
Despite its harsh provisions, a RICO–related charge is considered easy to prove in court, as it
focuses on patterns of behavior as opposed to criminal acts.
Although some of the RICO predicate acts are extortion and blackmail, one of the most successful
applications of the RICO laws has been the ability to indict or sanction individuals for their behavior
and actions committed against witnesses and victims in alleged retaliation or retribution for
cooperating with federal law enforcement or intelligence agencies. Unfortunately, due to the
complexity of bringing organized crime members to justice, ten years passed before the first RICO
convictions were obtained. Throughout the 1970s crime families continually fought for power over
the many racketeering enterprises that brought in huge sums of money. The National Conference on
Organized Crime in 1975 estimated that mob
... Get more on HelpWriting.net ...
Do The Courts Handle Cybercrime Differently?
Do the Courts Handle Cybercrime Differently?
Criminals have always been around, but cybercrime is something new. It has only been around since
the 60s, but it has grown exponentially. Why? Is cybercrime somehow different? Criminals engage
in cybercrime for the simple reason that it is easier than conventional crime, there are no witnesses,
and they can make more money faster. Cybercrime investigators are few and far between, and there
is little cooperation among different jurisdictions. Nevertheless, as technology advances, so does the
number of people who see that cybersecurity is a growing field and is needed to maintain the
integrity of commerce locally and globally.
David Camez was a 17–year–old high school student when he embarked on his life of cybercrime.
By the time he was 22 he was accused of forgery and buying and selling personal information
online. He was a member of an identity fraud syndicate called Carder.su. He was convicted of one
count of participating in a racketeer organization and one count of conspiracy to participate in a
racketeer influenced corrupt organization (German, 2014). He used stolen credit card information
and counterfeiting equipment that belonged to Carder.su, which was run by the Russians.
Camez was captured because of a Homeland Security undercover agent named Michael Adams
(Breaux & Newman, T. 2013). He started out when he arrested a man for using counterfeit credit
cards and eventually assume his identity in order to
... Get more on HelpWriting.net ...
Illegal Narcotic Dealers From Mexico And The United States
Prior to September 11, 2001 security in the United States, physical, technical, have not had any
major changes, the changes that were done were subtle. The number one threat were illegal narcotic
dealers, which included international and national violators. The US was fighting a war against
cocaine dealers originating from Mexico and other Spanish dominated countries. This war caused
major threats to law enforcement agencies across the country because these drug dealers were
ruthless and carried high–powered weapons. This fight against these dealers prompted police
agencies to arm their officers with better weaponry. This armament of the police was not a cheap
transition for these state and local police agencies, so the government had to step in with funding for
new weapons and equipment. Another problem the police faced were how to stop these dealers,
during the early years the police had to attempt to use wiretap techniques to record their
conversations, there were no cell phones and during the time when cell phones were used, there
were phones that were pre–paid with a street name of a "burner". The cell phone classified as
burners were used to conduct illegal transactions, then they were destroyed and discarded, this made
it difficult for the police to track. In addition to the drug dealers there were the threat of the Mafia
that were using illegal money to attempt to open legitimate business. Thus the government had to
combat these homegrown threats and formed the RICO
... Get more on HelpWriting.net ...
The Issue Of Gun Violence
Imagine living in a carefree world, it's impossible but with the criminal justice system enacting laws
to forbid illegal activity, crime has lessened nationwide. Several categories of crime such as guns,
drugs, and organized crimes spark major concern. Crime has existed since human conscience was
active. Gun violence is the illegal use of a firearm. Drug crimes are executed by one whom obtains,
produces, and allots illegal substances. Organized crimes have several components, one that
involves firearms, drugs, and the exchange of human beings for self–gain. This professional crime
threatens the tranquility within our society, defies our rights as a human, and weakens all social and
economic classes nationwide. Thanks to state–established programs, an extensive amount of crimes,
globally, are eliminated, resulting in fewer criminals among the community. Numerous policies
were formed to prevent the distribution of firearms and criminal gun crimes such as homicide. The
Organized Crime Convention provides states a certain plan to battle organized crime. Crime has
marked our history, and unfortunately, it will continue in the future. The criminal justice system is
society's response towards any violation of cultural norms. Advanced forensic procedures, together
with the amount of news given by the public allows an offender to be tracked down. New and
improved forensic technology aids scientists and investigators to conclude their ongoing criminal
investigation. The criminal
... Get more on HelpWriting.net ...
Case 3: Henry Gifford Et Al. V. USGBC
Case 3: "Henry Gifford, et al. v. United States Green Building Council (USGBC), et al., 10‐7747
(filed October 8, 2010)". Facts. In October 2010, U.S. Green Building Council and its high–ranking
managers including the president, Rick Federizzi were put in a class–action lawsuit filed by Henry
Gifford, a vocal critic of LEED, in the U.S. District Court for the Southern District of New York.
From his points, Gifford stated violations of the Racketeer Influenced and Corrupt Organizations
Act (RICO) as well as monetary damages; however, in February 2011, he modified the complaints
by adding three likewise situated partners as plaintiffs, dropping the RICO claim, and remaining the
false advertising allegation under the Lanham Act and the customer ... Show more content on
Helpwriting.net ...
In 2005, "Destiny USA", a green–promised project of Destiny USA Holdings, considered as the
borrower, was funded by three sources which are Destiny Holdings, bonds provided by the City of
Syracuse Industrial Development Agency (SIDA), and loans (nearly $155 million) issued by
Citigroup Global Markets Realty Corp as the lender. After that, the parties officially came into a
construction loan agreement which clearly stated the roles and responsibilities of all parties in the
project. Specifically, Citigroup would perform as a lender and an agent, in charge of funding money
from the remaining parties ($365 million in total). After seventeen construction disbursements
without any problems, the lender indicated Deficiencies under the agreement with the Tenant
Improvement Costs (TI Costs) in its calculation. Subsequently, the lender started sending Deficiency
notices to the borrower every month, and on May 20th, 2009, after sending an out–of–balance
notice that the Deficiencies were over $15 million and getting no cure from the borrower within 10
business days, the lender stopped disbursing the remaining construction proceedings (at that time
the project was almost 90% complete). Consequently, the borrower sued the lender in order to look
for a preliminary injunction requesting the lender to maintain the funding for the
... Get more on HelpWriting.net ...
Valeant Pharmaceuticals International Inc.
Valeant Pharmaceuticals International, Inc.
Corporate Research Paper
Submitted by: Zeinab Amin
Submitted to: Douglas Kennedy
Northern Alberta Institute of Technology
Business and Its Environment
ECON3340 – A02
Monday, November 28. 2016
TABLE OF CONTENTS
1 INTRODUCTION 3
2 NONMARKET ENVIRONMENT 3
2.1 ISSUES 4
2.2 INTERESTS 5
2.3 INSTITUTIONS 5
2.4 INFORMATION 5
3 INTEGRATED STRATEGY 6
3.1 NON–MARKET STRATEGY 6
3.2 MARKET STRATEGY 7
4 RECOMMENDATION 7
REFERENCES 9
1 INTRODUCTION
How well do you know your pharmaceutical provider? This research paper will closely examine
Valeant Pharmaceuticals International Inc issues and market regarding The New York Hotel Trades
Council & Hotel Association of New York City Inc Health Benefits Fund et al v. Valeant
Pharmaceuticals International Inc et al, U.S. District Court, Southern District of New York, No. 16–
06779 case.
First off, Valeant is a multinational, specialty pharmaceutical and medical device company (Valeant,
2016) and it merged with a Canadian specialty pharmaceutical company Biovail in 2001. Valeant as
an innovative company develops, manufactures and markets a broad range of branded, generic and
branded generic pharmaceuticals, over–the–counter (OTC) products and medical devices, and these
products are distributed in more than 100 countries (Valeant, 2016).
Valeant's vision is to essentially be "your trusted healthcare partner" (Valeant, 2016). Similarly, the
mission is to "Improving people's lives through our
... Get more on HelpWriting.net ...

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Foreign Corrupt Practices Act

  • 1. Foreign Corrupt Practices Act FCPA PAPER The Foreign Corrupt Practices Act of 1977 (FCPA) evolved from investigations by the Office of the Special Prosecutor that provided evidence of illegal acts perpetrated by U.S. firms in foreign lands. More than 400 U.S. companies admitted to making questionable payments to various foreign governments and political parties as part of an amnesty program (U.S. Department of Justice http://www.usdoj.gov). Given the environment of the 1970s and the proliferation of white–collar crimes (e.g., insider trading, bribery, false financial statements, etc.), particularly the payments made to foreign officials by corporations, Congress felt obligated to introduce legislation that led to the act. Congress's objective was to restore confidence ... Show more content on Helpwriting.net ... This provision of the act applies to issuers of registered securities and issuers required to file periodic reports with the SEC. The accounting provisions require companies to "keep books and records, and accounts, which, in reasonable detail, accurately and fairly reflect the transactions and dispositions of assets". The purpose of this accounting provision is to make it difficult for organizations to "cook the books" or use slush funds to hide any corrupt payments. Representative means for transfer of corrupt payments which included overpayments, missing records ("No receipt"), unrecorded transactions, misclassification of costs and, retranscription of records. The accounting provisions include a requirement that companies design and maintain adequate systems of internal accounting controls. This will provide reasonable assurance that transactions are executed in accordance with management's authorization, transactions are recorded as necessary and access to assets is permitted only in accordance with management's authorization. Any internal document that misrepresents the actual nature of a financial transaction could be used as the basis for a charge that the "books and records" section of the FCPA has been violated. Enforcement of the act is shared. Civil and criminal enforcement of the bribery provisions for those not required to file with the SEC rests with the Department of Justice. Responsibility for ... Get more on HelpWriting.net ...
  • 2. Organized Crime In The 1800s Organized crime has been present in the history of the United States and can be traced back to the streets of the early 1800's. Organized crime occurs when a group of people congregate together and plan to commit a series of crimes to make money, usually illegally. Organized crime groups have evolved over time from small rackets to grand organizations like the Italian Mafia. Crime particularly began to become prominent in urban areas during the prohibition. Organized crime is still just as visible today as it was back in the early 1800's. The first successful organized crime group was the Forty Thieves of New York. This group "formed as hundreds of immigrants came together for their own protection and financial gain." Organized crime became ... Show more content on Helpwriting.net ... "In January of 1920 the American government banned the sale and supply of alcohol, the government thought that this would curb crime and violence, prohibition did not achieve it's goals, leading more toward higher crime rates and excessive violence." The prohibition made bootlegging, the illegal trade and sale of alcohol a popular activity among the Mafia and other gangs. The distribution of alcohol turned out to be more complex than other criminal activities. Gangs attempted to secure large territories where they could establish a monopoly of ... Get more on HelpWriting.net ...
  • 3. Arizona Police Department Swot Analysis Introduction. According to (Creative Educational Video Inc & Insight Media (Firm), 2009,) Strategic planning and forecasting is an important part of any law enforcement agency. Forecasting can include Prison Populations, Crime trends. Many experts believe that forecasting is not an exact science and that it can be improved in the future. And according to (Creative Educational Video Inc & Insight Media (Firm), 2009,) " SWOT analysis is a strategic planning technique used to help a person or organization identify the Strengths, Weaknesses, Opportunities, and Threats related to business competition or project planning". In the strategic plan the Scottsdale, Arizona Police Department states that "ground up process of reflection, evaluation, and new directions that best reflect the agencies mission and vision". The SWOT The process involved a review of key inputs, Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis, a review of the existing mission and vision statement, brainstorming to identify additional strategies, modification of existing strategies, and prioritization of strategic issues. More Information ... Show more content on Helpwriting.net ... Key accomplishments and strategic plan progress. Personnel and available resources. City capital improvement projects and residential/commercial development plans. Police Department budget allocations.many different of ideas including way to upgrading 911 to better serve the communities , to improving the relationships among police and the network, as well as getting new recruits to the police force and preserving them after they're in place. one of the things that was no longer blanketed turned into any feasible budget cuts, and what's going to occur in that ... Get more on HelpWriting.net ...
  • 4. The Issue Of Cyber Crime Introduction Anonymity has always been a desirable result when criminals commit a crime. Whether a person is covering their face with a ski mask as they physically rob a bank or someone infiltrates a hospital's network to steal personal information for ransom, every criminal finds comfort in the warped sense that their identity will most likely be unknown, which will allow them to evade law enforcement. Due to technological advancements, criminals are more likely to remain anonymous after committing a criminal act when they engage in cyber crime. As a result, organized crime has been able to evolve due to the rapid emergence of technology, presenting the greatest threat to the transnational community known to date. 'Hacktivism,' which is the act of breaking into computer systems for politically and/or socially motivated purposes, is challenging the fine line between basic rights and criminality. The majority of criminals on the Internet have portrayed themselves as 'hacktivists,' however, the distinction between criminals and 'hacktivists' questions the extent of the rule of law in cyberspace. Cyberspace is defined as "the electronic medium of computer networks, in which online communication takes place." In view of the nature of cyberspace, 'hacktivism' naturally transcends borders, thus, making this an emerging transnational issue that needs to be addressed as soon as possible. The best way to visualize cyberspace is understanding Thomas Hobbes' theory on the natural ... Get more on HelpWriting.net ...
  • 5. Argumentative Essay: How Identity Theft Is A Crime Identity theft, simply typing those words on the page conjures some very scary thoughts. Thanks to that wonderful tool we call the PC we have all become vulnerable to what appears to be one of the most sophisticated and profitable frauds of all time. The general public, uninformed and complacent in their daily lives unknowingly leave an electronic trail of their daily activities scattered about our uncharted cyber world. A credit card receipt, a simple post of personal information on Facebook, all an invertible buffet for the criminals to feast upon. Identity theft is fraud! Basically Identity theft is a crime when one person illegally obtains another person's personal information, then deceives others into believing the thief is actually someone the unknowing victim. This deception is usually used for monetary gain by stealing bank or credit card account information. Other, seemingly non–0sensitive information like telephone numbers, addresses, family names, and birthdates can also be used to gain easier access to account information. One piece of that information might very well be useless, however when they are all put together one's personal information puzzle can be assembled. When all the information is pieced together a criminal can open new accounts in the victim's name for fraudulent purchases ... Show more content on Helpwriting.net ... True name identity theft uses the victim's personal information to create new bank accounts cell phones services or other lucrative accounts like credit cards. Account take over identity theft is when the criminal assembles enough of the victim's personal information to take over the victim's existing accounts. In this type of identity theft the criminals first step is to change the victim's mailing address. Since there is no human interaction in online purchases, redirecting the mail will give the criminal more time to cash in on their new ... Get more on HelpWriting.net ...
  • 6. Nuestra Familia Essay A gang is an organized group with a recognized leader whose activities are either criminal or, at the very least, threatening to the community. (Walker, 2011) Throughout history there have been some infamous gangs that have gotten media attention and others that have gone under the radar. One of the more underground gang structures are prison gangs. The Nuestra Familia may not be in the news as much anymore compared to other gangs, but they are nothing to be taken lightly. Prison gangs have been around since the late 20th century and only seem to be getting stronger if nothing is going to be done to prevent them. Gangs in prison have members in and out of prison. One of the more popular gangs that has been gaining steam recently is ... Show more content on Helpwriting.net ... (NF 2011) This divide proved to be an igniter of the gang war between the Mexican Mafia and Nuestra Familia. The newly formed Nuestra Familia engaged in prison war against the Mexican Mafia throughout the 70's until the later 1970's when a formal divide was acknowledged between the gangs. After the formal divide Nuestra Familia began making allies with other Californian Prison gangs like the Black Guerilla family to defeat a common enemy, The Mexican Mafia. On the other side the Mexican Mafia teamed up with the Aryan Brotherhood to combat the newly formed Nuestra Familia and Black Guerilla Family alliance. In order for the Nuestra Familia to gain power in the prisons it has to control the contraband coming in and out of prison. This is where the foot soldiers, the Norteños, came in handy. Norteños is a Spanish term for northerners. (Gangland, 2008) The Norteños operated under leadership from the Nuestra Familia members in prison. The Norteños used the trafficking of drugs like marijuana, cocaine, heroin, and methamphetamine to gain currency. They also had successful prostitution and identity theft rings to sustain their dominance in northern California. This held true, the power of the Nuestra Familia has infinitely grown since its beginning in the 60's. The Nuestra Familia kept gaining power until the institution of the federal Racketeer Influenced and Corrupt Organizations act (RICO). ... Get more on HelpWriting.net ...
  • 7. Organized Crime In America Organized crime in America comes in many structures, yet it was the Mafia that developed with the most elevated profile and aided in various demonstrations of Congress to enable law authorities to deal with the threat. In the meantime, a significant part of the early history of organized crime is generally indistinguishable from political corruption. In the first half of the twentieth century, the law had regularly been known to choose not to see to illegal activity in light of personal involvement, the risk of striking back, or political weight. In spite of the fact that organized crime long originates before Prohibition, it was the illegal production and distribution of alcohol that made endless offenders extremely wealthy and started the ... Get more on HelpWriting.net ...
  • 8. Discrimitions Of Organized Crime : The Definition Of... The first thing is to look at the definition of organized crime. "Definition of organized crime: a group of professional criminals who work together as part of a powerful and secret organization" (Webster, M, 2017). Professionals not the first word you think of when crime is used. It wasn't a 9 to 5 job, but they have an organization like a business. From bosses down to the common workers. "Boss, Consigliere (Counselor), Underboss, Caporegime (Lieutenant), Caporegime (Lieutenant), Caporegime (Lieutenant), Caporegime (Lieutenant), Caporegime (Lieutenant), Soldiers (Members grouped under Lieutenants)" (Schmalleger, pg. 352). The text book defines it differently. "Organized crime specifically refers to unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods and services, including prostitution, gambling, loan– sharking, narcotics, and labor racketeering" (Schmalleger, pg. 352). Both point out that crime, or criminal activity is involved. The book definition covers a variety of offences. The question is when did it come into existence? "Organized crime can be traced back to the street gangs of the 1800s. Notorious groups such as the Forty Thieves in New York formed as hundreds of immigrants came together for their own protection and financial gain. Although the Forty Thieves were prosperous, by the 1850s, the group had dissolved. Organized crime groups continued to flourish over the next few decades, but the most notable example came from the Italian–Americans who formed the Mafia, or The American Cosa Nostra" (Museum, C, n.d.). "The American Mafia, an Italian– American organized–crime network with operations in cities across the United States, particularly New York and Chicago, rose to power through its success in the illicit liquor trade during the 1920s Prohibition era. After Prohibition, the Mafia moved into other criminal ventures, from drug trafficking to illegal gambling, while also infiltrating labor unions and legitimate businesses such as construction and New York's garment industry" (Staff, H, 2009). A group of induvials formed the Mafia. A word most have heard, maybe seen it in the media John Gotti, or even the movies The ... Get more on HelpWriting.net ...
  • 9. The Foreign Corrupt Practices Act Of 1977 The Foreign Corrupt Practices Act of 1977 (FCPA) evolved from investigations by the Office of the Special Prosecutor that provided evidence of illegal acts perpetrated by U.S. firms in foreign lands. More than 400 U.S. companies admitted to making questionable payments to various foreign governments and political parties as part of an amnesty program (U.S. Department of Justice http://www.usdoj.gov). Given the environment of the 1970s and the proliferation of white–collar crimes (e.g., insider trading, bribery, false financial statements, etc.), particularly the payments made to foreign officials by corporations, Congress felt obligated to introduce legislation that led to the act. Congress 's objective was to restore confidence in the manner U.S. companies' transacted business. The FCPA is unique. Throughout history, governments have had laws making it illegal for governmental officials to take a bribe. One basic provision of the FCPA is that it prohibits U.S. partnerships, companies, and organizations from not only giving payments but also offering or authorizing payments to foreign officials or political parties with the objective of encouraging or assuring business relationships. There are two types of bribery provisions. The first prohibits any bribes made directly by the U.S. company. The second prohibits any organization from knowingly arranging for a bribe through an intermediary. Many thought that the FCPA would place U.S. companies at a disadvantage in the ... Get more on HelpWriting.net ...
  • 10. Racketeer Influenced And Corrupt Organizations Criminal enterprise is a group of individuals with a recognized hierarchy, or similar structure, engaged in significant criminal activity. These organizations often involve multiple criminal acts and have a large support system. The terms Organized Crime and Criminal Enterprise are alike and often used synonymously. The Racketeer Influenced and Corrupt Organizations (RICO) statute, or Title 18 of the United States Code, Section 1961(4), defines an enterprise as "any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity (FBI August 2015). Furthermore, the statute, or Title of the United States Code, goes on to give an even more detailed ... Get more on HelpWriting.net ...
  • 11. Marijuana Use among High School Seniors in the United States Marijuana Use Marijuana use among high school seniors in the United States has been on the rise causing greater concerns for addiction and health concerns among teenagers. According to the CDC, in 2010, marijuana use among high school seniors rose to 21.4%, with 25.2% being male users and 16.9% being female (Health, United States, 2011, 2011). This shows a steady increase every year starting in 2007 where 18.8% of high school seniors were using marijuana, with 22.3% were male and 15.0% were female. Ages as young as 12 years old also showed the same statistical trends, even in Middle Schools. Up to 1920, there were isolated accounts of marijuana and those that did show up in the press showed marijuana being smoked for recreational purposes (Harrison, 2010). After prohibition, marijuana markets started to emerge in cities. Harry Anslinger, Federal Narcotics Commissioner, alleged marijuana as being responsible for violent cases and waged war against marijuana in 1933. As a result, 46 states enacted anti–marijuana legislation. The Marijuana Tax Act of 1937 placed marijuana with Schedule I drugs that included opium and cocaine. The Boggs Bill of 1951 and the Narcotic Drug Act of 1956 served to establish severe penalties for violation of drug laws. The Single Convention on Narcotic Drugs in 1961 was enacted to modernize and coordinate international narcotic control. Provisions were made for cannabis. The Controlled Substances Act of 1970 consolidated over 50 drug laws and ... Get more on HelpWriting.net ...
  • 12. The Texaco Oil Crisis After it creation in 1964 the Texaco oil rig has been wreaking havoc on the local community. Before the oil crisis in 1973 the need for oil has still high and Texaco had found a place that could satisfy some of that need (Zaitchik, 2014). Texaco as well as the prominent Gulf Oil began to work in the Oriente region of Ecuador. However, it was not until 1972 that Texaco began to work in the Lago Agrio Oil Field one year before the Oil Crisis. This drilling for oil continued until 1993 when Texaco left after being accused of dumping toxic waste into the local water systems for 21 years (Amazon Watch, 2013). After the Industrial Revolution first and second world countries have been heavily reliant on oil. This has led to a total (as of 2014) of ... Show more content on Helpwriting.net ... This toxic waste was creating terminal cancer, birth defects in mothers who come in contact with the waste and other disease and growth that kill people that had not been seen previously. It also ruined the environment and killed off many endangered species in the area (Romero, Simon, 2011). Needless to say the evidence was overwhelming and they lost the case and the 30,000 effected villagers as well as the Ecuadorian government won. Chevron appealed the court with more evidence and they lost that as well (Chevron Toxico, 2013). Chevron filed RICO (Racketeer Influenced and Corrupt Organizations Act) against those who won the first case. They then "went after" the scientists who were doing reports in the local areas. They told their funders that they were "in on a little conspiracy" in the Amazon regions. The bargain was either loose funding or change the results; and "the scientists" chose the latter. Chevron then "went after" the journalists who were documenting the spill and toxic waste. With the RICO charges filed, all journalists were required to turn over all unused interview footage which did not only make it extremely hard to interview those who were willing, but they also had to be very careful with questions that were posed. Again using the RICO charges they forced all activists to turn over years of emails, messages, letters, and records of any kind. (Chevron Toxico, ... Get more on HelpWriting.net ...
  • 13. Organized Crime In Hollywood In today's society, when people think of organized crime they typically think of the Italian mob or the Russian mafia. This is because they are the more popular groups that society sees on the big screen and on television, as well as the ones that people talk about the most. According to the "Crime Museum", organized crime is "a group of individuals working together to illicit profit through illegal and often violent methods". Over the past decades, Hollywood's film industries have fueled America's obsession with organized crime or mafia–style films. For these types of gangster or mob movies to be effective, they must allow the audience to build a connection with one of the characters in the film, who is of questionable morals and sleazy behavior, ... Show more content on Helpwriting.net ... These groups included the famous Forty Thieves who were based in New York. As the years went by organized crime groups began to flourish more and more. The most notable group was the Italian–Americans, which formed the Mafia. However, it wasn't until Prohibition that these groups became successful and established. The mobsters in the 1920's and 30's, consisted mostly of Italian– Americans which controlled a great deal of the organized crime in New York and Chicago. The idea of prohibition became ironic because instead of creating a respectable and law–abiding society by outlawing alcohol it assisted in creating one of the greatest crime filled period's in America's history. Prohibition also helped to establish the famous mob leaders we know today, such as "Lucky" Luciano and Al Capone. According to Hilary Parkinson in the article "Prohibition and the Rise of the American Gangster", "from Los Angeles to Chicago to New York, organized crime syndicates supplied speakeasies and underground establishments with large quantities of beer and liquor". These underground networks formed a virtual river for alcohol. The prohibition age formed a widespread network of crime bosses that worked together for a single cause. This was to buy, trade and sell ... Get more on HelpWriting.net ...
  • 14. Federal RICO Statutes Essay RICO, which stands for Racketeering Influenced and Corrupt Organizations Act, was created in 1970 by the United States Government as a way to help courts fight organized crime. These types of organized crime are often called white collar crimes and they can range from fraud and embezzlement to bribery. Before RICO was established it was far too easy for a person higher up the ladder or ranks of a company or gang to dodge any sort of prosecution for their actions simply because they were not the person who actually did whatever deeds that were being prosecuted. Instead, said person would hold to the liability of others for acting out on their orders, making such persons the only viable criminal, because they were the ones who actively ... Show more content on Helpwriting.net ... Stat. 895.02), that the defendants in the criminal action were members of the racketeering enterprise, and that the racketeering conduct by the defendants was committed for the purpose of maintaining or advancing their positions in the racketeering enterprise" (Criminal Law 472). What these rubrics ensure is that it is able to be proven that a project or business was or is organized and was or is operating in attempts to make profit by illegal means. It must be proven with evidence or testimony that the defendants partook of these activities in order to keep their high level status or to gain status within the business. It may also be noted that the two incidents of racketeering need to have occurred within ten years of one another in order to uphold RICO laws. Also, many states have created their own RICO–like laws that envelop and uphold many of the statutes of RICO itself, in attempts to prevent any loophole activity from occurring. If a conviction is apprehended then the defendant(s) is often subject to pay back numerous monetary sums including but not limited to, funds that were accrued during the illegal activity, treble damages, as well as court and attorney fees. There are a number of differing opinions on the RICO statute, include some of which that feel as though RICO is overstepping some of its Constitutional bounds. The biggest Constitutional upheaval that could be claimed would be ... Get more on HelpWriting.net ...
  • 15. Human Trafficking Victims Protection Act As addressed there are numerous problems with human/sex trafficking. The impact of trafficking on people and their communities are too important to overlook. Even though there aren't certain ways of completely stopping it all together, there are ways to solve or shrink human trafficking. In the past there have been policies established to try and hinder human trafficking. Various acts of legislation have been passed to aid victims, prosecute criminals and stop associating with businesses known for using enslaved workers. One of the largest legislation acts passed was the Trafficking Victims Protection Act (Current Federal Laws Trafficking Victims Protection Act of 2000 2015). The TVPA was originally created in the year 2000 and was used to ... Show more content on Helpwriting.net ... There are early systems being used to have an emergency team respond to areas that are more likely to be trafficking. The alert would work in a similar style to Amber Alert, it would alarm when a siting. Holding classes to help the community to become aware would be the first step. Classes would be beneficial because people may not be able to identify a problem when there is one. Sometimes it can be worse and they will think there is a problem when there was never one to begin with. As far as the costs are considered it would be a little difficult to account for all the different aspects. Implementing classes would take time and having people attend would be a little difficult. Adding community benefits to people who complete training would be incentive for them to ... Get more on HelpWriting.net ...
  • 16. Memo on RICO Criminal Defense Practice TO: L.T. Gator, VP Innocence Reigns, and Attorneys At Law FROM: L.O. Lee–Para, Support Department RE: RICO Criminal Defense Practice Per your instructions, please find a broad overview and recommendation for our firm's strategic direction in regard to the RICO criminal defense practice. Certainly, it is understood that if we continue to robustly pursue RICO cases, there may be a need to scale back on other segments of the business. However, if you will not the enclosed exhibit, you will see that we can make a valid fiscal contribution to the firm based on just a few RICO cases per annum. Additionally, references have been included to help buttress your argument, but are listed separately for your convenience. Please contact me if I may provide additional information. Background The RICO Act– The RICO (Racketeer Influenced and Corrupt Organizations Act) was enacted as a Federal Law in 1970 and is codified as Chapter 96 of Title 17 of the United States Code. Its original intent was to prosecute members of the Mafia as well as other individuals who were actively engaged in organized crime in the United Sates (18 USC Chapter 96 – Racketeer Influenced and Corrupt Organizations, 1970). The RICO Act focuses on those who organized the crime, ordered the crime, or planned the crime not necessarily those who actually committed the crime. The Act was originally intended as a means of aggressively prosecuting members of organized crime families who were well–insulated from more ... Get more on HelpWriting.net ...
  • 17. The Westies: The Spillane's Murder Case The Westies were an Irish neighborhood mob based in Hell's Kitchen. While the Westside gang developed from the criminal efforts of Mickey Spillane in the 1960s, they became the Westies under the leadership of James Coonan, who usurped the position immediately before Spillane's murder in 1977. Under Coonan, the Westies became the brutal enforcement tool of the Gambino crime family, and began to fall apart after the members began turning on one another in the late 1980s. The United States Senate Special Committee to Investigate Crime in Interstate Commerce, popularly known as the Kefauver Committee after its chairman, Senator Estes Kefauver, investigated organized crime which crossed state lines. It operated between 1950 and 1951 and finally ... Show more content on Helpwriting.net ... When Harold Whitehead called a friend of Coonan and Featherstone's a "fag" in a bar in 1978, one witness committed suicide rather than testify and another refused to speak at all. In 1979, Coonan and Featherstone were arrested after tipping a masseuse with counterfeit bills. Coonan was found to possess a gun with an illegal silencer, and Featherstone was convicted of counterfeiting. Featherstone was sentenced for six years to the Medical Center for Federal Prisoners on the psychiatric ward, while Coonan was sentenced to four years in federal prison. Coonan continued to control the Westies from prison, and when he was paroled in September of 1984, Coonan followed the other gang members to New Jersey, where they had been displaced by the gentrification of Hell's Kitchen. Coonan attempted to turn legitimate by investing in a construction company called Marine Contractors in Tarrytown, NY. Featherstone, on the other hand, although working for a trucking company, apparently took the opportunity to avenge a long–past shooting death of one of the gang's members. In 1977, John Bokun had been murdered; the Westies held Michael Holly responsible, but Holly fled Manhattan for several years before returning. Holly was shot and killed by a man matching Featherstone's description on April 25, ... Get more on HelpWriting.net ...
  • 18. International Cybercrime And Racketeering. Essay International Cybercrime and Racketeering The word 'racketeering' commonly brings up the image of Al Capone and John Gotti. The mafia seemingly coined this phrase in their dealings with illegal organized crimes. The emergence of new technologies and the internet, racketeering has become synonymous with the phrase cybercrime. Cybercrime refers to "crimes in which the perpetrator uses their distinct skills with computer technology" to commit unlawful acts via cyberspace (Holt, Bossler and Spellar, 2105, p. 9). Racketeering is defined as the "act of offering of a dishonest service [a "racket"] to solve a problem that wouldn 't otherwise exist without the enterprise offering the service" (Investopedia, 2010). Combine the two and there is potential to have catastrophic consequences for both the victim and perpetrator. The case of David Camez is one in which $50 million dollars' worth of financial fraud was committed using the internet. Combined with racketeering efforts, his case made headlines due to its influence on how the Justice Department now looks at racketeering acts. The Nature of The Crime On December 6, 2013 David Camez who resided in Arizona was convicted and sentenced to 20 years in federal prison for his part in a complex cybercrime plot that included racketeering offenses. The U.S. Department of Justice states that Camez's was charged with "one count of participating in a racketeer influenced corrupt organization and one count of conspiracy to participate in a ... Get more on HelpWriting.net ...
  • 19. Examples Of Adjudicatory Hearing Definitions 1. Adjudicatory hearing is the fact finding process by which the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition pg. 518 2. Parens Patriae is a common law principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquent, is abandoned, or is in need of care that the natural parents are unable to unwilling to provide pg. 506 3. Status Offender is an act or conduct that is declared by statute to be an offense, but only when committed by or engaged in by a juvenile, and that can be adjudicated only by a juvenile court. Examples are truancy, vagrancy, running away from home pg.509 4. Intake is the first step in decision ... Show more content on Helpwriting.net ... Dispositional hearing is similar to an adult sentence hearing. g. Juvenile disposition is the decision of the court to place the juvenile in a correctional facility, a residence program, shelter or treatment program. (Schmalleger, 2016) 3. Drugs are classified by levels in the Controlled Substances Act, which was passed in 1970, and establishes what drugs are. a. Schedule I– has no medical usage, cannot be used safely and have a great potential for abuse. Drugs in this category are: heroin, LSD, mescaline, peyote, Quaaludes, psilocybin, marijuana and hashish, as well as some hallucinogens. b. Schedule II– are drugs with a high abuse potential and a currently accepted pharmacological or medical use. These drugs are: opium, morphine, codeine, cocaine, and PCP. c. Schedule III– drugs have a lower abuse potential and have a medical use but could still lead to dependence. These are some types of low–dosage antidiarrheal medicine, cold medicine and pain relievers. d. Schedule IV– have a low potential for abuse and include depressants, sleep aids and minor tranquilizers, as well as some ... Get more on HelpWriting.net ...
  • 20. The And Corrupt Organization Act Under the Racketeer Influenced and Corrupt Organization Act (RICO) in a criminal or civil law suit a pattern of racketeering activity must be ascertained by proving at least two acts of racketeering activity have been performed within an interval of ten years. This law could not be upheld in Sedina, SPRL v Inrex Co., 473 US 479 (1985) as two predicate acts could not be maintained (Twomey, 2013). Title IX of the Act is the Racketeer Influenced and Corrupt Organizations Statute, the Organized Crime Control Act of 1970 became law. The purpose of the RICO statute is "the elimination of the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce." S.Rep. No. 617, 91st Cong., 1st Sess. 76 (1969). Section 1961(10) of Title 18 stipulates that the Attorney General may designate any department or agency to conduct investigations sanctioned by the RICO statute and such department or agency may use the investigative stipulations of the statute or the investigative power of such department or agency otherwise conferred by law. Lacking a specific designation by the Attorney General, jurisdiction to conduct investigations for infringements of 18 U.S.C. § 1962 rests with the agency having jurisdiction over the violations constituting the pattern of racketeering activity listed in 18 U.S.C. § 1961 (USAM 9–110.812) If I could revise an internal union conduct law it would the Racketeer Influenced and Corrupt Organization Act (RICO) ... Get more on HelpWriting.net ...
  • 21. Immigration To The United States During The Late 1800s And... During the late 1800s and early 1900s immigration to a new better world, the United States Of America was in full swing. With all the immigration from so many different countries brought much diversity to America but it also brought a new type of crime, Organized Crime. This was due to a part that the Italian Sicilian Mafia was under attack from Mussolini regime but also the creation of the 18th amendment banning the sales, manufacturing, or transportation of any alcoholic beverage. Although many immigrants were law abiding citizens those criminals looking for refuge from their countries came to America and started neighborhood gangs. (Staff, 2017) Which eventually led to bootlegging due to the demand for alcoholic beverages and the money ... Get more on HelpWriting.net ...
  • 22. Mexican Mafia Research Paper This is a criminal action that's purposely undertaken with the aim of acquiring influence, power and gain. It involves a few people that organize themselves on various hierarchical basis and they engage in both illegal and legal activities. The various positions might be assigned according to friendship or kinship notably hierarchical or skill. There is extreme readiness to use bribery or violence to maintain discipline and also to achieve targets that are intended. Organized offenses have taken different names determined by the area but 'Mafia' is a universal name that relates to numerous organized groups on the planet. Many of the areas has at one time had a mafia group; since it has had the Italian American Mafia and the Mexican Mafias in ... Show more content on Helpwriting.net ... According to most accounts, the La Eme was formed in 1957 by Luis "Huero Buff" Flores. La Eme quickly grew in size as well as stamina. In the 1960s, the California Department of Corrections moved Eme members in an attempt to break up the gang task at DVI, to other prisons such as San Quentin. This effort served to spread La Eme's sway to other prisons. As La Eme expanded, the group saw the possibility of profiting from drug sales, extortion and gambling rackets inside penitentiary, so leaders set taxes on such actions, driving Latino convicts to hand over a small portion of profits to the gang. In the 1980s, this strategy was taken by La Eme to the street. By joining forces with East Los Angeles street gang leaders, La Eme started to control activities like contract killings, extortion, drug trafficking, and debt collection from inside prison walls. As penitentiaries became more divided, competing race–based criminal organizations sprang up in the California prison system, including the Black Guerilla Family and the Aryan Brotherhood. La Eme continued to prosper in the face of this opposition, and even grew more arranged, drafting a set of gang rules or "commandments" and recruiting members from Latino street gangs in Southern ... Get more on HelpWriting.net ...
  • 23. The Government Of The United States Government The United States government was created by the founding fathers to allow men to be free, but to also have a governmental system that protects that freedom as well. The United States government is problematic. It goes above and beyond the necessity and, because of this, is dysfunctional at best. The government today has gone beyond protecting the rights of American citizens. It has become a large entity that is wholly useless. The government of the United States is too large, therefore, this creates many problems with things like governmental overreach and extreme inefficiency. A smaller government would be more functional and could return to a more efficient, and likely constitutional basis of existence. It may be difficult to move to a smaller government if the United States cannot figure out a good way to do this. The size of the government has made it to be inefficient for almost everyone to use. Unless one has insider knowledge, they must stand at the back of a seemingly stagnant line to do simple tasks like applying for permits. Some of this inefficiency is the result of errors made by the government which then create more complications to fix. According to the Government Accountability Office ("GAO"), the United States government spends about 45 billion dollars a year on federal programs that are redundant (Ehley 2014). For a government that is about 18 trillion dollars in debt, that is an enormous amount of wasted money. The GAO defines the federal programs as ... Get more on HelpWriting.net ...
  • 24. The Stereotypes Of Organized Crime Organized crime has been an extremely prevalent subject over the past decades, whether it's in the news, fictional stories or hybrid docudrama, this type of crime has been a steadily popular subject in the media's eyes. It has provoked a stream of intellectual discussion on its nature and the impact of its diverse representations. Regardless of opposing views as to this relationship, there is a broad agreement that the media has a tendency to be selective and oversimplify. They tend to focus largely on individual pathologies and violence. Hollywood's style of glamorizing things is commonly fused with dubiously obtained facts, which provide an energetic account of excitement and danger for society. This is because in today's world, quick news turnover and profit growth drive media. Organized crime TV shows and movies have embellished and created popular stereotypical characters as well as criminal activities, to the point where the line between real and fake has become extremely distorted. With this in mind, the article "The Chicago Outfit: Challenging the Myths About Organized Crime" examines some of the many myths that people believe to be true due to what they hear and see in the media. Stereotypes of organized crime or OC figures are a continuing feature of popular culture in America. People have been obsessed with mobsters since the 1920s. They have been glamorized in things such as books, movies, and television programs as well as been portrayed as criminals, tycoons, ... Get more on HelpWriting.net ...
  • 25. The Pros And Cons Of RICO Conspiracy The United States District Court for the Middle District of Pennsylvania in Brown v. Access Midstream Partners, L.P.1310, specifically addressed such civil RICO § 1962(d) conspiracy pleading contentions advanced by defendants alleged to have formulated, implemented, and executed a sophisticated elaborate scheme to defraud real property owners in connection with offering and promoting a natural gas drilling and gathering operation. Though substantial returns were represented by the promoters as commercially attractive, in fact, the promoters essentially reduced the amount of the income stream due payable by charging alleged fees, costs, and expenses payable to a "third party," thereby significantly reducing the royalty payments. The property ... Show more content on Helpwriting.net ... 1313 See Church Mutual Insurance Co. v. Alliance Adjustment Group, LLC, 2015 U.S. Dist. LEXIS 121852 (E.D. Penn., 14 September 2015)(insurance fraud conspiracy claim sustained, citing and following Smith v. Berg, 247 F.3d 532 (3d Cir. 2001)(RICO § 1962(d) conspiracy charging mortgage lenders and title insurance institutions involved in high profile real estate mortgage financing scheme with real estate developers exposed to conspiratorial liability notwithstanding absence of actual commission of underlying predicate offenses). 1314 See Dean Browning Webb, Judicially Fusing The Pinkerton Doctrine To RICO Conspiracy Litigation Through The Concept of Mediate Causation, 97 Kentucky Law Journal 665, 674–681 (2008–2009). 1175 examined such a highly visible RICO criminal enterprise endeavour in De Sole v. Knoedler Gallery, LLC.1315 De Sole addressed RICO claims asserted against an upscale, highly recognized pedigree art gallery and the gallery principals for promoting and selling forgeries of paintings allegedly produced by internationally recognized artists including globally acclaimed artists Jackson Pollock, William de Kooning, and Mark Rothko. The gallery principals and operators engaged in ... Get more on HelpWriting.net ...
  • 26. RICO Compliance Report RICO represent Racketeer Influenced and Corrupt Organizations Act, which is a federal statute that deals with fraud. The United States Congress enacted RICO in the early 1970's in an attempt to curb organized crime, which includes businesses, drug dealers, and any person subject to committing fraud. (James, Shapiro & Martin, 2006) "The federal law creates an individual "racketeering offenses" that include participation in various criminal schemes and conspiracies, and that allows government seizures of property acquired in violation of the act" (Hall, 2014, p.154). The essential elements of RICO prohibit any individual from using income derived from a pattern of racketeering activity. The RICO act involves a person collecting an unlawful debt to require an interest in an enterprise affecting interstate commerce. RICO prohibits acquiring or maintaining through a pattern of racketeering activity conspiring, conducting, or participating in the behavior of the affairs of an enterprise affecting interstate commerce through a pattern of racketeering activity or collection of an unlawful debt. However, mail fraud is the basis of the RICO violation. ... Show more content on Helpwriting.net ... Second, for RICO to be enforced, the government must prove that through the commission of two or more predicate acts are continuous and interrelated constituting a pattern of racketeering activity at least two acts occurring within ten years of each other. (James, Shapiro & Martin, 2006) Third, to violate RICO, a person must either, directly or indirectly, acquire an interest in or administer an "enterprise." An enterprise must exist independently from the racketeering activity in which it engages investing income, its groups must have a common or shared purpose, and there must be at least some continuity of structure or personnel. Fourth, for RICO to apply, the alleged racketeering activity must affect interstate ... Get more on HelpWriting.net ...
  • 27. Influence Of Gangs On Theu.s. Influence of Gangs on the U.S Despite the discrete and sly manner of gangs, their presence and acts have affected and continue to affect the U.S in many aspects. Since their early beginnings in the 1780s, shortly after the Revolutionary War, gangs have had control and power in many areas of the U.S. When gangs were still a new idea in the U.S most had real jobs and few were involved in serious crimes (Wolff 6). It wasn't until the nineteenth century, a time where the U.S economy was in a rut and people were fighting for jobs, until these gangs became a problem. Most of these gang formations sprung from European immigrants who came to America and were pushed aside. This led to them having to struggle with finding jobs, which in turn gave ... Show more content on Helpwriting.net ... One example of this is the time at which both modernized police organizations and gangs were formed. As Sutherland states, " It was not until the mid nineteenth century did unified, uniformed police forces resembling modern police organizations emerge in the United States" and that "the development of such police forces provided the specific service of controlling an increasingly anonymous and threatening 'dangerous class'" (Sutherland 351). This "dangerous class" they speak of are these gangs which also arose in the nineteenth century, which shows that their presence influenced government to tighten up their police system and protection. This was a huge change and step for the U.S that we still see impacting us and our community today, but it was only one of the many changes that took place. Other changes that took place include the addition of the Racketeer Influenced and Corrupt Organizations Act and The Continuing Criminal Enterprise Statute. The Racketeer Influenced and Corrupt Organizations Act, also known as the RICO act, is an act that focuses on built on existing legislation regarding organized crime. This is different that other acts because it now allows the government to "seize assets before criminal defendants were brought to trial, needing only to prove probable cause to make such a seizure" (Racketeer Influenced and Corrupt Organizations Act). A ... Get more on HelpWriting.net ...
  • 28. Assignment Five : Causes Of Combating Organized Crime Combating Organized Crime Assignment 5 Paul VanWormer Class LEG410 Mr. Shofner September 9, 2017 Organized Crime is an infection that spread to the United States as immigrants from Italy came to America and brought with them the same tactics and mentality to combat the laws they felt did not or should not impede their actions. Organized crime in its definition can encompass many factions large and small, from drug trafficking efforts MS–13 to the criminal enterprise of the Mafia. Terrorism and the groups that deal death for retaliation of that they feel is justified are also organized criminals, their goals may not be the same as the Mafia but the results of actions can be just as grave. As law enforcement works diligently to inoculate our society from these criminal syndicates we must join in to create a society that is rid of the fear, intimidation, corruption and death that these organizations bring about. Sources of Organized Crime Determining who the bad apples are, is not the issue, having the evidence and ability to capture and successfully prosecute those who distribute the destructive nature of organized crime is. Reading the many news articles and textbooks available, we know who the criminals are, and what they do. The nature of many illicit crimes, such as drugs, prostitution, and pornography provide the lifeblood that allow organized syndicates to thrive, without a customer there is no supplier. So those within society who choose to ... Get more on HelpWriting.net ...
  • 29. Organized Crime Control Act Of 1970 Consequently, the federal government enacted the Omnibus Crime Control and Safe Streets Act of 1968 which granted money to state law enforcement and allowed wiretapping in cases of suspected criminals; it was a first and direct attack to organized crime as a whole but not criminal organizations (Finklea). Realizing this, the federal government passed The Organized Crime Control Act of 1970 which gave more power to the government in order to combat and prosecute criminal organizations (Finklea). As mentioned in the same article, it allowed Special Grand Juries to investigate multi–jurisdictional organized crimes and for witnesses to be granted immunity from prosecution in exchange for testimonies and protection of themselves and their families ... Get more on HelpWriting.net ...
  • 30. Corrupt Influence For my weekly journal, I decided to talk about Racketeer Influenced and Corrupt Organizations Act. This act was established in 1970 by the congress to prevent organized crime in the United States. One of the cases that I found online talks about two companies Allstate Insurance Company and Providence chiropractic office. Providence Chiropractic violated the federal Racketeer Influenced and Corrupt Organizations (RICO) Act so Allstate Insurance Company decided to sue them. Allstate Company accused them for misrepresenting medical records to lift insurance claims. The owner submitted false bills looking for installment for treatment that was never provided. Allstate claims that the three women that were involved in this crime intentionally and ... Get more on HelpWriting.net ...
  • 31. Yakuza Crimes Organized crime is a dilemma on an international scale that has many adverse effects on society, including human safety, risking peace, and the economic, social, cultural, political and civil development of the countries operates within. It would be naïve to believe that we can could completely get rid of organized crime. Many believe that organized crime will never end. It may be combated, it may decrease over time, but it will always exist. The solutions to preventing organized crime will come through finding ways to track down those involved and charging them with their crimes. In this paper I will discuss on how the United States government can decrease the power of the Yakuza. Organized crime in Japan goes back at least 300 years beginning with the following groups: Yamagichi–Gumi, Kazou Taoka, Hideomi Oda and Yakuza. The first criminals operating under these groups were displaced samurai needing a new mode of survival after ... Show more content on Helpwriting.net ... imposes sanctions on Japan's Yakuza crime syndicate). By eroding market integrity, quality, and competitiveness and using financial systems to move, conceal, and increase illicit funds, transnational criminals exploit and undermine not only the interests of the United States but also those of all countries promoting the rule of law," the anonymous executive told the Law Enforcement Examiner(U.S. imposes sanctions on Japan's Yakuza crime syndicate). The United States can decrease the power of the Yakuza by working with international partners to deter or sever crime–state alliances, raise awareness to alert businesses that may be unwitting facilitators for criminal enterprises, and continue to develop appropriate safeguards to protect the legitimate flow of trade and investment (U.S. imposes sanctions on Japan's Yakuza crime ... Get more on HelpWriting.net ...
  • 32. Review for Exam 3 Essay TRUE–FALSE QUESTIONS 1. In a criminal trial, the defendant must be proven guilty by a preponderance of the evidence or beyond a reasonable doubt? True 2. A preliminary hearing requires the prosecutor to present probable cause that the defendant committed the crime or requires that bond be set? 3. A misdemeanor or felony is a crime punishable by a fine or a jail sentence of less than one year? 4. Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith? True 5. The Racketeer Influenced and Corrupt Organizations Act (RICO) was originally designed to combat corporate crime? (Hint: No, organized crime...) False 6. General partners or Limited ... Show more content on Helpwriting.net ... Know which of the following statements is not true regarding the characteristics of a general partnership? A. No minimum amount of capital is required. B. The partners must share in profits. C. There must be a written partnership agreement. D. It may acquire property in its own name. 31. Know that a partnership agreement usually includes, the division of profits and losses between the partners, partnership salaries or withdrawals, the duties of the partners, all the responses are correct. 32. Know that civil and criminal claims are not mutually exclusive. 33. Review Embezzlement. 34. Review Double Jeopardy. 35. Know that res ipsa loquitur would describe negligence where a post operative x–ray showed a surgical sponge in your stomach. 36. Know the elements of a tort: Duty, Breach, Damages and Causation. 37. In negligence cases, Defendants are generally held to the standard of a reasonable person. 38. Which of the following describes when an employer is held vicariously liable for the torts of the "servant" or employee if the employee was acting within the scope of his or her employment? A. Worker liability B. Responder liability C. master/servant liability D. Respondeat Superior 39. Under the doctrine of ________, the plaintiff may only recover the proportionate amount of damages attributable to the defendant's negligence A. contributory ... Get more on HelpWriting.net ...
  • 33. Summary: The Pennsylvania Crime Commission In 1978, The Pennsylvania Crime Commission (PCC) was created by the Legislature to investigate organized crime and public corruption in the Commonwealth. According to the PCC, the definition of organized crime is defined as follows: The unlawful activity of an association trafficking in illegal goods or services, including but not limited to gambling, prostitution, loansharking, controlled substances, labor racketeering, or other unlawful activities or any continuing criminal conspiracy of other unlawful practice which has as its objective large economic gain through the fraudulent or coercive practices or improper governmental influence. (NCJRS) The PCC is similar to commissions in many other states, but is has no prosecutorial powers. Its principal mission is to gather intelligence and refer cases to other law enforcement or regulatory agencies that have the power to either prosecute or take administrative action. The PCC consists of less than 40 agents and spends an estimated $10 million annually in ... Show more content on Helpwriting.net ... This creates the impression that the new commission would like to appear as an improved and more organized extension of its predecessor. The mission of the PCCD is "To enhance the quality, coordination and planning within the criminal and juvenile justice systems, to facilitate the delivery of services to victims of crime, and to increase the safety of our communities." (PA.Gov) Times change, and the way crime group organizations operate has also changed due to new technology, the current economy, and globalization. The PCCD works with many other state and federal agencies, including police officers, and continues to participate in prosecuting International narcotics traffickers and major organized crime figures. They also play a huge part in fighting Human and Labor ... Get more on HelpWriting.net ...
  • 34. Rico Act Essay The RICO Act has been an important component in addressing organized and white collar crime. Write a five page (double–spaced) essay that summarizes the RICO Act and its impact on organized and white collar crime. Be sure to support your thoughts with information from our readings. Rico Act Essay The term "Rico Act" stands for the Racketeer Influenced and Corrupt Organizations (RICO) Act, Codified as chapter 96, Title 18, of the United States Code which was passed by Congress in 1970. The purpose of the Act was to eliminate the ill–affects of organized crime on the nation's economy. The Rico Act provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The ... Show more content on Helpwriting.net ... Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill–gotten gains and interest in any business gained through a pattern of "racketeering activity." RICO also permits a private individual harmed by the actions of such an enterprise to file a civil lawsuit and collect monetary damages. Despite its harsh provisions, a RICO–related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts. Although some of the RICO predicate acts are extortion and blackmail, one of the most successful applications of the RICO laws has been the ability to indict or sanction individuals for their behavior and actions committed against witnesses and victims in alleged retaliation or retribution for cooperating with federal law enforcement or intelligence agencies. Unfortunately, due to the complexity of bringing organized crime members to justice, ten years passed before the first RICO convictions were obtained. Throughout the 1970s crime families continually fought for power over the many racketeering enterprises that brought in huge sums of money. The National Conference on Organized Crime in 1975 estimated that mob ... Get more on HelpWriting.net ...
  • 35. Do The Courts Handle Cybercrime Differently? Do the Courts Handle Cybercrime Differently? Criminals have always been around, but cybercrime is something new. It has only been around since the 60s, but it has grown exponentially. Why? Is cybercrime somehow different? Criminals engage in cybercrime for the simple reason that it is easier than conventional crime, there are no witnesses, and they can make more money faster. Cybercrime investigators are few and far between, and there is little cooperation among different jurisdictions. Nevertheless, as technology advances, so does the number of people who see that cybersecurity is a growing field and is needed to maintain the integrity of commerce locally and globally. David Camez was a 17–year–old high school student when he embarked on his life of cybercrime. By the time he was 22 he was accused of forgery and buying and selling personal information online. He was a member of an identity fraud syndicate called Carder.su. He was convicted of one count of participating in a racketeer organization and one count of conspiracy to participate in a racketeer influenced corrupt organization (German, 2014). He used stolen credit card information and counterfeiting equipment that belonged to Carder.su, which was run by the Russians. Camez was captured because of a Homeland Security undercover agent named Michael Adams (Breaux & Newman, T. 2013). He started out when he arrested a man for using counterfeit credit cards and eventually assume his identity in order to ... Get more on HelpWriting.net ...
  • 36. Illegal Narcotic Dealers From Mexico And The United States Prior to September 11, 2001 security in the United States, physical, technical, have not had any major changes, the changes that were done were subtle. The number one threat were illegal narcotic dealers, which included international and national violators. The US was fighting a war against cocaine dealers originating from Mexico and other Spanish dominated countries. This war caused major threats to law enforcement agencies across the country because these drug dealers were ruthless and carried high–powered weapons. This fight against these dealers prompted police agencies to arm their officers with better weaponry. This armament of the police was not a cheap transition for these state and local police agencies, so the government had to step in with funding for new weapons and equipment. Another problem the police faced were how to stop these dealers, during the early years the police had to attempt to use wiretap techniques to record their conversations, there were no cell phones and during the time when cell phones were used, there were phones that were pre–paid with a street name of a "burner". The cell phone classified as burners were used to conduct illegal transactions, then they were destroyed and discarded, this made it difficult for the police to track. In addition to the drug dealers there were the threat of the Mafia that were using illegal money to attempt to open legitimate business. Thus the government had to combat these homegrown threats and formed the RICO ... Get more on HelpWriting.net ...
  • 37. The Issue Of Gun Violence Imagine living in a carefree world, it's impossible but with the criminal justice system enacting laws to forbid illegal activity, crime has lessened nationwide. Several categories of crime such as guns, drugs, and organized crimes spark major concern. Crime has existed since human conscience was active. Gun violence is the illegal use of a firearm. Drug crimes are executed by one whom obtains, produces, and allots illegal substances. Organized crimes have several components, one that involves firearms, drugs, and the exchange of human beings for self–gain. This professional crime threatens the tranquility within our society, defies our rights as a human, and weakens all social and economic classes nationwide. Thanks to state–established programs, an extensive amount of crimes, globally, are eliminated, resulting in fewer criminals among the community. Numerous policies were formed to prevent the distribution of firearms and criminal gun crimes such as homicide. The Organized Crime Convention provides states a certain plan to battle organized crime. Crime has marked our history, and unfortunately, it will continue in the future. The criminal justice system is society's response towards any violation of cultural norms. Advanced forensic procedures, together with the amount of news given by the public allows an offender to be tracked down. New and improved forensic technology aids scientists and investigators to conclude their ongoing criminal investigation. The criminal ... Get more on HelpWriting.net ...
  • 38. Case 3: Henry Gifford Et Al. V. USGBC Case 3: "Henry Gifford, et al. v. United States Green Building Council (USGBC), et al., 10‐7747 (filed October 8, 2010)". Facts. In October 2010, U.S. Green Building Council and its high–ranking managers including the president, Rick Federizzi were put in a class–action lawsuit filed by Henry Gifford, a vocal critic of LEED, in the U.S. District Court for the Southern District of New York. From his points, Gifford stated violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) as well as monetary damages; however, in February 2011, he modified the complaints by adding three likewise situated partners as plaintiffs, dropping the RICO claim, and remaining the false advertising allegation under the Lanham Act and the customer ... Show more content on Helpwriting.net ... In 2005, "Destiny USA", a green–promised project of Destiny USA Holdings, considered as the borrower, was funded by three sources which are Destiny Holdings, bonds provided by the City of Syracuse Industrial Development Agency (SIDA), and loans (nearly $155 million) issued by Citigroup Global Markets Realty Corp as the lender. After that, the parties officially came into a construction loan agreement which clearly stated the roles and responsibilities of all parties in the project. Specifically, Citigroup would perform as a lender and an agent, in charge of funding money from the remaining parties ($365 million in total). After seventeen construction disbursements without any problems, the lender indicated Deficiencies under the agreement with the Tenant Improvement Costs (TI Costs) in its calculation. Subsequently, the lender started sending Deficiency notices to the borrower every month, and on May 20th, 2009, after sending an out–of–balance notice that the Deficiencies were over $15 million and getting no cure from the borrower within 10 business days, the lender stopped disbursing the remaining construction proceedings (at that time the project was almost 90% complete). Consequently, the borrower sued the lender in order to look for a preliminary injunction requesting the lender to maintain the funding for the ... Get more on HelpWriting.net ...
  • 39. Valeant Pharmaceuticals International Inc. Valeant Pharmaceuticals International, Inc. Corporate Research Paper Submitted by: Zeinab Amin Submitted to: Douglas Kennedy Northern Alberta Institute of Technology Business and Its Environment ECON3340 – A02 Monday, November 28. 2016 TABLE OF CONTENTS 1 INTRODUCTION 3 2 NONMARKET ENVIRONMENT 3 2.1 ISSUES 4 2.2 INTERESTS 5 2.3 INSTITUTIONS 5 2.4 INFORMATION 5 3 INTEGRATED STRATEGY 6 3.1 NON–MARKET STRATEGY 6 3.2 MARKET STRATEGY 7 4 RECOMMENDATION 7 REFERENCES 9 1 INTRODUCTION How well do you know your pharmaceutical provider? This research paper will closely examine Valeant Pharmaceuticals International Inc issues and market regarding The New York Hotel Trades Council & Hotel Association of New York City Inc Health Benefits Fund et al v. Valeant Pharmaceuticals International Inc et al, U.S. District Court, Southern District of New York, No. 16– 06779 case. First off, Valeant is a multinational, specialty pharmaceutical and medical device company (Valeant, 2016) and it merged with a Canadian specialty pharmaceutical company Biovail in 2001. Valeant as an innovative company develops, manufactures and markets a broad range of branded, generic and branded generic pharmaceuticals, over–the–counter (OTC) products and medical devices, and these
  • 40. products are distributed in more than 100 countries (Valeant, 2016). Valeant's vision is to essentially be "your trusted healthcare partner" (Valeant, 2016). Similarly, the mission is to "Improving people's lives through our ... Get more on HelpWriting.net ...