buy custom White Collar Criminal essay

buy custom White Collar Criminal essay Introduction This is the paper seeks to look into the high profile white collar criminal, Jeffrey skilling. Skilling was accused of many crimes including fraud, inside trading and crimes that were related to the collapse of Enron Corporation. He was found to be guilty of inside trading, conspiracy, making false statements to auditors and securities fraud. What sentence did Jeffrey Skillings initially receive? Jeffrey Skillings was sentenced to 24 years in prison at the initial sentence. He was sentenced for substantially jeopardizing the safety of a reputable financial institution. However, this was improper since there was no substantial evidence that Enron Corporation was a financial institution. The other initial sentenced that Jeffrey Skilings was sentenced for fraud, inside trading and crimes that were related to the collapse of Enron Corporation. He was sentenced in 2006 and is currently servicing a 24 year sentence for these charges. Jeffrey Skilling was sentenced and convicted on 19 to 28 counts of fraud and inside trading. He was not only sentenced to 24 years in prison but was also ordered to pay $630 million to the Government and a $ 180 fine on the same. A number of other employees pleaded guilty for the crimes committed at Enron Corporation and were found guilty and convicted for the crimes and giving false statements. Was this sentence appropriate for the crime or the harm done? This question has been asked by many people and answered by the same in different aspects but none of them seem to agree on whether or not the sentence was appropriate. Other people were in support of the sentence while others were against the sentence. According to many analyst, this sentence was an exaggeration or too much for such a petty crime. The indictments were basically on the fact that Stilling had probable knowledge of , and was likely involved with the fraudulent transactions with Enron Corporation. He was alleged to have sold shares with inside information on the status of Enron Corporation bankruptcy .Many people including Skillings attorneys protested against the in house court proceedings, citing that it would be an unfair trial but their protests fell on deaf ears. This is because an in house court sitting would not allow maximum media coverage. According to the wall street journal, on 17th June 2006, Skilling claimed that Enrons bankruptcy had affected him immensely to the extent of contemplating to commit suicide, he commented that the indictment had lifted his spirits and got him out of his depression. Many analysts wonder if this was true or simply a way to attract pity from the prosecution and judges. There are many aspects in this case that did not make sense, and many analysts wonder and ask if it was a fair trial. This is because most of Skillings requests were denied, including his request to remain free during the trial. This case was treated so harshly, it was worse that a murder trial. Many questions have emerged and many wonder if there was an underlying reason for such a harsh sentence apart from those that killings was initially accused of. This trial was not fair and the sentence was not appropriate for this crime at all. A sentence of 24 years and four months in prison for conspiracy, inside trading, making false statement to auditors and fraud is on the higher side. It was actually noted as serious frailties which ws not fair. However other analyst believes that this sentence was not enough for the crimes that Skillings committed, they suggest that the correct sentence would have been 35 years for all the 35 counts that he was accused of. They also attributed this sentence to Skillings wrong doing which needed maximum punishment. Jeffrey skilling was proved guilty for these crimes, which he denied being part of. The court proceedings were not fair on Skillings side. It was like attending a court that already knew the verdict before hearing of the case. The Government determined that the ruling was appropriate. Many readers and the people who carefully followed the Skilling case, found Skillings conviction ridiculous , they insisted that the punishment far outweighed the crimes that were committed. Some readers suggested that such a hard punishment was good in order to teach others like Skilling. Others actually thought that the sentence was too light and they suggested that for such a crime Skillings was better off getting a death penalty. However, the question is, does deception and corruption deserve a death penalty? How many people around the world are guilty of deception and corruption? Are they being sentenced for their crimes? Take for example; the politicians who are corrupt and deceptive? Have they ever been sentenced for this crime? It is therefore crystal clear that Skillings did not deserve such a conviction for a crime of corruption and deception. What was the outcome of the sentence in this case? In 2008, Jeffrey Skilling case was reviewed and quite a number of inconsistencies were discovered. The case was therefore reopened. Skillings attorneys argued that even if Skillings committed fraud or illegal financial misconduct, it was for the of purpose saving the company and he never profited from the gains. However, this approach provided a very narrow chance the killings original case ruling to be overturned. Analyst believe that Skillings only chance was to cite a court decision that threw out guilty verdicts of the three bankers that were accused of helping Skillings and Enron Corporation in committing the fraudulent activities. In 2010, the court of appeal finally agreed to listen to Skillings appeal on two controversial cases. The first case was based on the fraud statue title 18 of the United States code, section 1946.The main question that was put forward by Skillings defense team was on whether or not the honest servicerequred the Governments prove that was initially intended to achieve private gain. This simply means that the question was whether or not the Skillings involvement in the fraudulent activities of Enron Corporation was because of a honest service and not for private gain. The second argument was based on the issued on in house judging. The questions was how can we be satisfied that a fair jury was picked when the judge did not follow up when the witness said, am a victim of this crime?The Supreme Court made a ruling that saw the nullification of Skilling honest service fraud conviction. The court found that Skillings conviction had no grounds or justifications on bribe or kick back. The c ase was therefore ordered back to the lower courts for the review of the charges. Skillings defense team was however optimistic that the lower courts would have no option but to overturn the rulings. They were optimistic that soon Jeffrey Skilling would be a free man. That is yet to be seen, many peoplle, analyst and those who are affected by similar cases are patiently awaiting the final ruling of the lower courts. The ruling will defiantly set a precedent on all other similar cases. The case could however, take a turn for the worst if the lower case ruling does not over turn the judgment. In such a case analyst see a scenario that could mean or lead to a reduced charge of 15 to 20 years. Skillings defendants have stated that if this happens, they will be forced to go back to the appeal courts. This means that the sentenced was not completely reversed but was partially reversed on appeal. What is the comparison between the first outcomes of Skilling case to the fate of criminal defendants who were convicted? The United States court of appeal ruling will have a great impact and will greatly affect the fates of criminal defendants who are convicted. The high court will have to address the confusion on whether honest service will apply or will not apply. This case is more likely to be sent back to the circuit courts in order to reconsider. This hones stature argument will probably be used by many defenders and prosecutors on criminals who are convicted on the same grounds. The Supreme Court ruling simply said that the judgment of this case went too far. This could mean freedom for Jeffrey Skilling and many other criminal defendants who have been convicted on similar charges. This ruling has immensely compromised the main tool that is used by many prosecutors to go after corporate officials. However, many people including Skillings lawyers have seen this as a land mark victory. This is case will have a very big impact on other similar cases; the ruling will affect in a big way the rulings in other cases and the fate of criminal defendants who are convicted for the same. This case will end up disturbing and complicating the Governments practice of over criminalizing the conducts of those in the business sector that do not violate any criminal law to deserve such harsh treatments and convictions. The legality of the Skillings case will have an impact on the recipients and the participants in similar cases. In such a case the ruling will aid other rulings of similar nature until sustainable or alternative replacement a ruling is implemented. This ruling will provide information that cannot be obtained elsewhere. And the provisions of the information will guide the other cases to contribute to positive rulings on related fates of criminals who are convicted of the same. Therefore, the outcome of this case will contribute to positive, social and environmental change on the ability of Governments and other policy makers to make more careful decisions on such cases. This can be categorized as cause for supporting other outcomes of such cases. The outcome of this case is an inspiration to all other outcomes of other cases. All other similar cases will need to be assessed on the same level or at higher level but in the same precedent. Conclusion The first time the Jeffrey Skilling case was heard, majority of the newspapers read; Guilty! Guilty! Guilty! Jeffrey Skilling was actually convicted long before the case hearings began. Every one, every newspaper, every Television station convicted him. The deep wounds from the collapse of Enron Corporation affected the employees, the family and the friends of Jeffrey Skilling and continue to do so. His release or trial could release or retrial could cause outrage. Thus the case of Jeffrey Skilling of Enron will continue to draw interest, concern and other many reactions for many days or years to come. Buy custom White Collar Criminal essay

The World Goes Bang Band BOOM essays

The World Goes Bang Band BOOM essays ~recited by Japanese Emperor in 1945 On August 6, 1945 at 8:15am history was made. The first atomic bomb called "Little Boy" was dropped in Hiroshima, Japan. Again on August 9 a second bomb was dropped on Nagasaki, Japan. Hundreds of thousands of people died. With hundreds of thousands more injured. These days of radioactive heat rays of more then 3000 degrees Celsius instantly burning skin, bulldozing houses and even evaporating human existence was not needed to win war over Japan, nor should it have been. Causing a constant flow of deaths either instantaneously, or through untreatable radiation poison, these bombs were not needed. Creating cancer, leukemia, mental retardation, chromosomal "aberrations" and other lingering abnormalities, these bombs were not needed. Over 50 years later still having an operational 170 bed A-bomb hospital filled with continual suffering, these bombs were not needed. There is questions about this incident that have been asked around the globe for centuries, "Should the United States had dropped the Atomic bomb on Japan? Was it really necessary? Did they have to drop two? Did they have proper motives?" And more. A constant phrase comes up in all books, documents, and diaries regarding the decision to drop the A-bomb, that is that their main justification for using this weapon was, "to help save American lives in the Japanese war." However, what the US didn't consider was how the rest of the world including the American people, would accept use of this deathly device and if in fact their motive would actually be justified. Which most facts point to no. ~*~ Japan had officially gone to war shortly after they made their alliance with Germany in June 1941. This action caused the US, England, Netherlands, Philippines, and New Zealand to set an embargo on all goods for Japan leaving them without a drop of oil and other goods. At first this did not have much effect on the Japa...

A Lesson Plan for Teaching Rounding

A Lesson Plan for Teaching Rounding In this lesson plan, 3rd-grade students develop an understanding of the rules of rounding to the nearest 10. The lesson requires one 45-minute class period. The supplies include: PaperPencilNotecards The objective of this lesson is for students to understand simple situations in which to round up to the next 10 or down to the previous 10. The key vocabulary words of this lesson are:  estimate, rounding and nearest 10. Common Core Standard Met This lesson plan satisfies the following Common Core standard in the Number and Operations in Base Ten category and the Use Place Value Understanding and Properties of Operations to Perform Multi-Digit Arithmetic sub-category.   3.NBT.  Use place value understanding to round whole numbers to the nearest 10 or 100. Lesson Introduction Present this question to the class: The gum Sheila wanted to buy costs 26 cents. Should she give the cashier 20 cents or 30 cents? Have students discuss answers to this question in pairs and then as a whole class. After some discussion, introduce 22 34 19 81 to the class. Ask How difficult is this to do in your head? Give them some time and be sure to reward the kids who get the answer or who get close to the right answer. Say If we changed it to be 20 30 20 80, is that easier? Step-by-Step Procedure Introduce the lesson target to students: Today, we are introducing the rules of rounding. Define rounding for the students. Discuss why rounding and estimation are important. Later in the year, the class will go into situations that don’t follow these rules, but they are important to learn in the meantime.Draw a simple hill on the blackboard. Write the numbers 0, 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 so that the one and 10 are at the bottom of the hill on opposite sides and the five ends up at the very top of the hill. This hill is used to illustrate the two 10s that the students are choosing between when they are rounding.Tell students that today the class will focus on two-digit numbers. They have two choices with a problem like Sheila’s. She could have given the cashier two dimes (20 cents) or three dimes (30 cents). What she is doing when she figures out the answer is called rounding- finding the closest 10 to the actual number.With a number like 29, this is easy. We can easily see that 29 is very close to 30, but with numbers like 24, 25 and 26, it gets more difficult. That’s where the mental hill comes in. Ask students to pretend that they are on a bike. If they ride it up to the 4 (as in 24)  and stop, where is the bike most likely to head? The answer is back down to where they started. So when you have a number like 24, and you are asked to round it to the nearest 10, the nearest 10 is backward, which sends you right back to 20.Continue to do the hill problems with the following numbers. Model for the first three with student input and then continue with guided practice  or have students do the last three in pairs: 12, 28, 31, 49, 86 and 73.What should we do with a number like 35? Discuss this as a class, and refer to Sheila’s problem at the beginning. The rule is that we round to the next highest 10, even though the five is exactly in the middle. Extra Work Have students do six problems like the ones in class. Offer an extension for students who are already doing well to round the following numbers to the nearest 10: 151189234185347 Evaluation At the end of the lesson, give each student a card with three rounding problems of your choice. You will want to wait and see how the students are faring with this topic before choosing the complexity of the problems you give them for this assessment. Use the answers on the cards to group the students and provide differentiated instruction during the next rounding class period.

Contemporary issues in conflict and security Case Study

Contemporary issues in conflict and security - Case Study Example Terrorism poses threat to societal gains as wells lives of the people in the society. The interest in discussing this issue lies in the fact that it conflict human security interest. Crenshaw (2009:383), believe that the causes of terrorism fall into two categories. First, societal setting creates permissive conditions, which promote terrorism. Modernisation is one of the permissive conditions, which creates interrelated factors that support the terrorism activities. Communication and transportation are crucial to terrorism activities because they allow the terror groups to improve their networks and extend their activities across the world. For instance, train bombing in Spain in 2001, depicts how networking and transportation allow terror activities to expand their roots in the society. Crenshaw (2009:381), argues that terrorist activities observed in the historical Russia in 1890s and the modern terrorist observed in Spain in 2001 depend on modernisation in executing their ills. The fear that the society harbours today is potentiality of the terror groups, using the modern nuclear technology to execute their plots. Crenshaw (2009:382), posit that urbanisation is an aspect of modernisation that create permissive situations for terror activities. The concept of terrorism in relation to urbanization traces its roots in 1960s in Latin America where urban war fair first appeared. She points out that cities became the central point for terror activities. Various scholars have given their explanation in relation to cities as target places for terror activities (Bjorgo, 2005:123). Largely, these arguments describe the urbanisation effects as weaknesses that create permissive conditions for terror activities in the cities. For instance over population create conditions of low lifestyle, economic constraints, among other factors, which lead to criminal activities. The criminal hideouts in the shanties permit the

Book Review Essay Example | Topics and Well Written Essays - 1000 words - 2

Book Review - Essay Example Hamer’s work received much criticism immediately after it was published. The key problem with the book that undermines its scientific value lies in the realm of methodology. Hamer employs traditional tools to study the spiritual phenomena. For example, he measures abstract concepts of transcendence that has much to do with the phenomena of faith, belief and religion using methods of molecular biology and traditional psychology. This approach produces certain ambiguity with definitions and makes the book look rather speculative at least from the positions of traditional science. A number of third-party studies Hamer refers to throughout the paper to support his challenging argument are questionable themselves. Thus, Hamer relies upon the experimental studies of Dr. Michael Persinger (magnetic simulation of the amygdala, the hippocampus, and the caudate nucleus) and studies of monks involving Single Photon Emission Computed Tomography (SPECT). Nonetheless Hamer’s work is far from being a mere non-scientific speculation. The novelty of his daring attempt to relate traditional science and non-physical phenomena is perhaps the major reason for abundant criticism. Traditionally, spirituality and religion have not been considered by science, partially due to lack of applicable tools, partially due to the philosophic paradigm underlying traditional scientific research. These concepts are explored within the specific discourse concerning spirituality, God and religion termed ‘theology’, which historically has been perceived as the antipode of science. Consequently, even contemporary science that at times seems virtually almighty lacks appropriate tools and methodologies to study certain non-physical phenomena such as spirituality. It is hardly surprising that from the position of traditional science Hamer’s work can be labeled as

Trust and Customer Service Performance 312 wk 6 forum Assignment

Trust and Customer Service Performance 312 wk 6 forum - Assignment Example Reliability-based trust is based in the company’s discernments of a prospective partner’s real behavior and operating performance. It engrosses a notion that a partner is disposed to execute and capable of acting as promised. Efforts to create collaborative associations fail when supply chain partners cannot rely on their performance as promised. In simple terms, an organization that is alleged to be unable to act as guaranteed will be perceived as unreliable and thus not fit for the trust in the association. On the other hand, character-based trust is grounded on a company’s culture, philosophy and leadership. Principally, it originates from discernments that supply chain partners are interested in each other’s wellbeing and not work without putting into account the effect of their actions on the other partner. Character-based trust is critical in collaborative relationships because the partners in the relationship act in confidence that the other party will deliver up to anticipations because of the developed character of the association. In this case, the partners in a relationship do not feel susceptible to the deeds of one another. Needless to say, the partners believe that each will safeguard the other’s interest. For example, a manufacturer who shares ideas on new product launches with a merchant trusts that he or she will not give the idea to a

Developing High Quality Human Resource Dissertation

Developing High Quality Human Resource - Dissertation Example Research design and rationale This study will consist of two phases. The first phase will deal with the study of literature while the second one will tackle qualitative and quantitative analysis. The literature study will entail analysis of current trends in a HR revolution in Vietnam and the world at large. In addition, the literature will be studied with the aim of examining and establishing an ideal evaluation technique for evaluation of HR function involved in PT projects. The basic aim of this study is to design and implement a qualitative and quantitative assessment of the quality of HR function in state owned EPC companies in Vietnam. The quantitative and qualitative research methodologies will be used to expediently differentiate contrasting research strategies, which will essentially depend on the nature of the research question or the problem being examined. As Gay (1996) explicates, quantitative and qualitative techniques presents corresponding aspects of the scientific st udy method, whereby the quantitative approaches are concerned with testing of hypothesis (primary deduction) while qualitative approaches are concerned with generating of hypothesis (primary induction). The complementary use of qualitative and quantitative methodologies has gained popularity as they are used in formulating wide innovations in science and social research. This provides a better array of perspectives and insights and allows substantiation of the results by different methods of triangulation, which boosts the general validity of findings and improves the usefulness of the study. Nevertheless, the investigation of accurately complementary techniques presents significant challenges too. These take account of additional human and financial-based additional costs, the need for respect for different epistemological positions and methodologies as well as teamwork. Population and sample The population has been defined by Hussey and Hussey (1997) as â€Å"any precisely define d set of people or collection of items which is under study† (p. 55). On the other hand, a sample is a subset of the population under consideration and it entails some specific members chosen from that population (Sekaran, 2000). Study sample The researcher will use purposive sampling for the qualitative study and simple random sampling for the quantitative part. Simple sampling will be selected for the quantitative part because no complexity is involved in the selection process. A purposeful sampling (also called judgmental sampling) is based on the fact the researcher is capable of selecting the participants who are effectively suited to meet the purpose of the study. This method of sampling will ensure that an extensive and thorough assessment is conducted and hence the researcher will be able to obtain a better understanding of the issues of quality in respect to the HR function in construction projects. In the selection of purposive sampling, it is conceived that sampling for proportionality is not of the essence; furthermore, purposive sampling is ideal for reaching the targeted sample in a quick manner (Neuman, 2003). The importance of choosing the right candidates for the study has been affirmed by Creswell (2007), who