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Fraudulent Online Casino and White Collar Crime Business Law Questions

Fraudulent Online Casino and White Collar Crime Business Law Questions

Question Description

IRAC ALL ANSWERS.

1. Assume that a CPA working as an internal auditor embezzles $50,000 from the bank overthe course of a year. The CPA has no previous criminal record. An unemployed automechanic in the same town who has tried to find work unsuccessfully for 18 months robsa bank and gets away with $50,000. He used a gun in the robbery to threaten bankemployees, but the gun was not loaded and therefore he obviously did not fire it. No onewas injured. The mechanic has no previous criminal record. Which of these personsdeserves the greater sentence? How much greater should it be? In general, shouldwhite-collar criminals receive stronger or more lenient sentences than the moretraditional criminal for roughly equivalent crimes? Answer these questions along withyour IRAC State v. CPA; State v. Mechanic

2. Barry is the computer systems director for a medium-sized consulting firm. One-nightBarry is at happy hour at a local bar talking about his job with some people he has justmet. Barry mentions that he needs to buy computers for the three new persons the firmhas recently hired. One of the persons he has just met, Tom, asks Barry what kind ofcomputers he plans to purchase. Barry says, “I’m not sure. I’m still checking out what’savailable.” Tom says, “Well, I can get you anything you want for much less than thestores.” A week later Barry calls Tom and says he is interested in the Cybermega 4000model and would order three if the price was right. Tom quotes a price, which is abouthalf the normal price. Three days later Tom comes to Barry’s office with the threecomputers. Barry is curious why only one is in a box and Tom replies, “Oh, I thoughtyou wouldn’t want the trash in your office. I also already sent in the warranty cards foryou to save you the trouble.” Later it is learned that the computers were stolen a fewdays before Tom took them to Barry. Is Barry or the consulting firm guilty of receivingstolen property?

3. Hank, a Web page designer, recently discussed with his friend, Frank, how easy it wouldbe to defraud people over the Internet. They decide to set up a fraudulent online casino.The next day Hank makes prints of the homepages of a dozen online casinos. Beforeeither Hank or Frank does anything further, they are arrested for conspiracy. Are theyguilty of conspiracy?

4. John is a sales associate for Neptune Cyber Solutions, a manufacturer of medium-sizedcomputer operating systems. John is overseas in the nation of Megalopia hoping tosecure a contract with a large manufacturing firm. Because the firm has technologycontracts with Megalopia’s military, any contract with the manufacturer must beapproved by the Defense Department of Megalopia. John makes a cash payment of$10,000 to the Megalopian representative who is negotiating the contract. Of thisamount, $3,000 is to cover the standard published fee that the government charges forthese approvals, $2,000 is for an additional $2,000 to be paid to the government officialsto expedite the approval, and $5,000 is a “thank you” to the manufacturer’s representativefor choosing the Neptune system. The $2,000 for expediting the approval is consistentwith what is customary in Megalopia to pay for an expedited approval. It is well knownthat the payments of bribes are persuasive in conducting international business. Toprevent U.S. companies from engaging in this type of conduct, the U.S. Congress enactedthe Foreign Corrupt Practice Act (FCPA). The FCPA makes it illegal for U.S.companies, their officers, directors, agents, or employees to bribe a foreign official, aforeign political party official, or a candidate for foreign political office. A bribe isillegal only where it is meant to influence the awarding of new business or the retentionof continuing business activity. Has John violated the Foreign Corrupt Practices Act?

5. Thomas Townsend has an embarrassing criminal past. In 1985, he was convicted ofpedophilia, having had sexual relations with a 15-year-old child (at the time, Townsendwas 29 years old.) By all accounts, Townsend has led a relatively uneventful life over theyears since 1985, spending most of his time building and selling musical instruments toearn a living, and reclusively “keeping to himself” on his property on the edge of town.Local police investigators are curious whether Townsend has truly learned from “theerror of his ways.” The local sheriff has received a number of complaints from areacitizens, who are appalled that a child sex offender is “among their midst.” Working incollaboration with the Federal Bureau of Investigation (FBI,) local police authoritiesdevise and implement a plan to determine whether Thomas is leading an innocent life.Over the course of an eighteen-month period, police investigators mail Townsend acircular they have created, advertising a fictitious publication called “Lustful Lads andLasses.” Among other pronouncements, the circular entices readers to “order now beforepublication ceases; see young boys and girls aged 12-16 engaged in all sorts of acts onlybig boys and girls should be allowed to do!”Having received the circular each month and having declined on seventeen occasions,Townsend finally responds to the circular on the eighteenth occasion, mailing in the$39.95 purchase price. Local, state and federal authorities immediately intervene,arresting Townsend for solicitation of child pornographic materials.At Townsend’s arraignment hearing, his attorney moves for immediate dismissal of thecharges, arguing entrapment. Do the police efforts described constitute entrapment?Does entrapment justify dismissal of all charges against the accused? Rather thandismissal of charges, why not simply sanction those authorities responsible for theentrapment?

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