The situations therefore are not analogous. I believe the Supreme Court also erred in finding that the knowingly corrupt act needed to be within the context of a specific investigation. If a criminal act is being undertaken, there is a reasonable chance of an investigation being launched. The Supreme Court's interpretation allows for criminals to legally destroy evidence at any point prior to the opening of an investigation. This decision traces back to United States v. Aguilar. At the time, it may have been the case that such an action was legal. It is reasonable that any document could at some point be valuable to a federal investigation and therefore no document would be allowed to be destroyed. Once a document is destroyed, its contents are entirely speculative; retroactive assumption that the documents were critical to the assumption of the investigation is therefore also speculative. However, it stands to reason that the criminal act includes not only an act but the covering up of such an act. For routine criminal...
In light of that, an exception appears to have been made for white collar crime. Congress rectified this gap in the law when it enacted Sarbanes-Oxley, criminalizing the act of corruptly destroying documents. It is no longer necessary to prove the "knowing" part of the former statute. It also eliminated the Aguilar nexus which demanded that the destruction be linked to a specific crime; now the fact that an investigation can be reasonably expected is the more likely threshold.
Business Law Case: Nestle USA vs. Doe IChild slavery has been under serious debate for the past few centuries as it has been claimed as unethical and illegal by various countries of the world. However, modern slavery persists, and the advancement in science and technology and increasing globalization have not been successful yet in eradicating this evil from society. The recent data from the International Labor Organization (ILO) and the
SCHOCK VS. RONDEROSS This is a law case analysis based on determination of risk of loss of the buyer and seller. It uses only one reference. This is a case of determining risk of loss under the heading of damage to or destruction of good. In this, the risk of loss is determined as who is to pay under a contract in the event that the goods have been subjected to damage.
BUSINESS LAW Business Law: Case Law Analysis- Tort LawStep 1: Information Literacy SkillsParties before the court: Wael Musa (Plaintiff) vs. Carleton Condominium Corporation no. 255 (Defendant) (CanLii, 2022)Date of decision: 18-27 October 2021.Court: Superior Court of Justice- Ontario.Step 2: Summarizing FactsThe incident occurred in December 2016 when the plaintiff fell off the slippery area outside the roadway of a condominium in Ottawa (Berman, 2022). The accident resulted in his ankle
Business Law and Manufacturer Responsibility From a business law perspective, the case involving a woman and her unattended food causing a house fire in her New Jersey home is an open and shut case. As the consumer involved in the case, Brenda Herff, claims that the Kellogg Company, makers of the popular breakfast food Pop-Tarts, failed to either warn her or adequately test their product for flammability, the evidence surrounding the
Law Case Studies Case #1 There are three points to be made about case number one: 1) whether purchasing inventory is acceptable three weeks before declaring bankruptcy, 2) whether Arthur could make a $400 donation to American Cancer Society, and 3) whether Arthur could pay $300 for the current electric bill. Point 1 -- The trustee would not likely to be able to set aside the purchasing of inventory since Arthur is attempting
Business Ethics Business Law Business ethics are a very important part of the entire business process. It is important to have a firm understanding of the ethical rules of the game in order to perform the best. The purpose of this essay is to discuss and highlight some of the more important effects that ethics plays in business and business law. The essay will discuss the corporation's role within society and
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