Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Analysis of court cases
Analysis of court cases
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Analysis of court cases
State the title of the article, the name of the publication in which it appeared and the date of publication. The article I have chosen titled “Sommet leader Brian Whitfield sentenced to 20 years” was published by The Tennessean on June 8, 2015. Provide a summary of the news story, with emphasis on the facts. A previous leader of The Sommet Group, Brian Whitfield, was accused and found guilty after a plea of not guilty to stealing money from clients and the government in the amount of $20 million. The IRS believed the estimated money stolen was upwards of $22 million. The federal prosecutor claimed and proved Whitfield had stolen and then used money for his own personal expenses. Although, the case originally indicted Whitfield’s …show more content…
The defendants in the case were Brian Whitfield, Marsha Whitfield, and Edwin Todd. Though Marsha Whitfield and Edwin Todd were indicted they chose to accept plea deals and avoid trial proceedings. (3 points) What kind of defenses has the defendant raised? Or, if the case is over, what defenses did the defendant raise? If not clear in the article, what are the likely defenses? The defense the defendant raised was he had not monitored financial transactions within The Sommit Group and denied any knowledge of stolen money clients and government. He had admitted to guilt of not being fully aware of the financial transactions, but nothing more than that. (5 points) Based on the facts of the case you have selected, is it possible the employer can also be held criminally liable? Explain your answer. I believe corporate liability would allow a case to be filed to require the money stolen to be repaid in a judgment against the corporation. A corporation has no actual body making jail time impossible, but makes it possible for The Sommet Group to be held accountable and pay a select dollar amount that satisfies the fraud committed by the employee and by association the corporation. Part 5, Form An
In Reyes v. Missouri Pac. R. CO., the appellant, Joel Reyes, sought rehabilitation from the defendant, Missouri Pacific Railroad Company, after being run over by one of the defendants trains while lying on the tracks. The appellant claims the defendant was negligent due to its inability to see the plaintiff in time to stop the train. The defendant refutes the plaintiffs claim by blaming the plaintiff for contributory negligence because the plaintiff was believed to be drunk on the night in question based off of pass arrest records . In a motion in limine Reyes ask for the exclusion of the evidence presented by the defense. The trial court, however denied the plaintiff’s request and ruled in favor of the defendant. The plaintiff, Reyes,
Most of these defendants couldn’t afford private attorneys and depended upon public defenders. For instance, Joe Moore had two prior convictions and was facing a maximum of a 90 year sentence for selling three grams of cocaine. However, Moore begged his public defender to call Eliga Kelly to stand in his defense. Moore claimed that Kelly witnessed him shoe Coleman off of his property. For whatever reasons, his public defender never bothered to call Kelly to the stand or even question him privately. After all, Eliga Kelly was considered a star witness for the prosecution, but, as a result of that negligence, Moore was sentenced to 90 years. Unlike most criminal informants, Eliga Kelly refused to lie under oath and in a subsequent trial for a different defendant, the prosecutor called Kelly to the stand. Kelly contradicted Coleman’s testimony by naming several defendants, including Joe Moore, who refused to sell drugs to
Debated as one of the most misrepresented cases in American legal history, Dr. Jeffrey MacDonald still fights for innocence. Contrary to infallible evidence, prosecution intentionally withheld crucial information aiding MacDonald’s alibi. Such ratification included proof of an outside attack that would have played a major role in Jeffrey’s case.
Analysis / Ruling of the Court. The district court granted the employer’s motion for summary judgement on the sexual harassment claim due to the fact that Sherry Lynch treated both men and women equally in this case; that is, she behaved in the same vulgar and inappropriate way towards both genders. For this reason, Smith’s gender was not a contributing factor to the harassment, which is one of the conditions that would have to be met for the sexual harassment claim. The appellate court agreed and affirmed the district court’s judgement. The district court ended up excluding evidence pertaining to the sexual harassment claim because the sexual harassment claim had been dismissed on summary judgement, and because the court decided that the details of the harassment bore little relevance to the retaliation case whereas this evidence would be unfairly prejudicial to Hy-Vee. The appellate court affirmed the district court’s judgement. Smith did not offer any specifics on what evidence she would have wanted to present, which made it hard for the court to determine whether this evidence was material to the retaliation case or not. In her opposition to the motion in limine, she said she only wanted to discuss the harassment case in general, including mentioning that Lynch had harassed/touched her inappropriately. Hy-Vee had no objection to this, and Smith got to present this much evidence in the trial. Therefore, the appellate court found that she waived any objection to the
The case State v. Snowden is an appeal by the defendant were the defendant pleaded guilty to an evidence charging Raymond Alien Snowden with the crime of murder of first degree. The trial of the defendant was represented by the district Court, 3rd Judicial District, Ada County, were Snowden entered judgment and sentenced of death but he appealed. Snowed was at a bar in the evening drinking and playing pool in a Boise pool room, he and other person visited another club near the one where they were playing pool, nearby Garden city. That same day Snowden and his friend visited several bars also drinking, at the end they stop at HiHo club. That same bar he met and starts having a conversation to this lady Cora Lucyle Dean, they start dancing and having a time together and they left together, while they were walking they start arguing in the street, because she wanted him to find her a cab and take her to back to Boise, but he said that he shouldn’t be paying her fare.
One of the most recent white-collar crime involved Wells Fargo, a banking and financial services provider. In 2016 San-Francisco based bank Wells Fargo (WFC) employees secretly created millions of unauthorized bank and credit card accounts without permission of their customers. Opening about 1.5 million fraudulent deposit accounts and submitting 565,443 credit card applications allowed Wells Fargo employees to boost their sales targets and receive bonuses. Consequently, customers were wrongly charged fees for accounts they did not know existed. In this business crime scenario, Wells Fargo involved to pay $185 million in fines and refund $5 million to affected customers. Also, around 5,300
In Tim Seibles' poem, The Case, he reviews the problematic situations of how white people are naturally born with an unfair privilege. Throughout the poem, he goes into detail about how colored people become uncomfortable when they realize that their skin color is different. Not only does it affect them in an everyday aspect, but also in emotional ways as well. He starts off with stating how white people are beautiful and continues on with how people enjoy their presence. Then he transitions into how people of color actually feel when they encounter a white person. After, he ends with the accusation of the white people in today's world that are still racist and hateful towards people of color.
Consequently, Richard and Mildred’s case was heard in a City Court of Virginia, where they both plead guilty because a city lawyer representing their case
They had an alibi witness, a gas receipt, a ticket on the day of the murder. A police officer who would not come unless the judge subpoena him and the judge of course refused and would not pay the $650 to summon him. There were also two jailhouse snitches who lied about their testimony. The police misconduct was used in how they charged these individuals originally and how they have been accused initially with robbery, which later turned into murder. The police created the story and intimidated an eye witness who refused to testify and threatened to charge her with the murder if she refused. The attorneys told a moving tale and Ron Keine and company ended up being convicted. This case was before DNA testing but what exonerated these individuals was the actual murder confessing to the crimes. The entire case seemed like a fluke and malicious attack on these people. A guy in Carolina, confessed to all charges and had an epiphany and told the police where the weapon was located and how everything happened and how he dragged the body. He had to fight to get the police to accept his confession because the police were acting as if they already had their
Rothstein) were indicted for conspiracy to defraud the public. All were acquitted for want of
have a good chance of winning the trial, because it is a case of a
...s claimed " I did not, could not and would not have committed this crime."
Erik Peterson faced a number of challenging situations with Jeff Hardy, a high level employee with CelluComm, the parent company of GMCT. At first we see an awkward relationship with Jeff Hardy whom Peterson had been assigned to work under by Ric Jenkins, partly due to the lack of concrete relationship guidelines between the two (Sami, 2013). Hardy had very little operational experience, and Peterson felt that he was unable to receive constructive guidance from Hardy. As a subordinate to Hardy, Peterson should have instead attempted to resolve this problem early on as it was a critical relationship within the GMCT Company. Consulting Hardy by letting him know of his concerns would have been a more efficient and respectful manner in handling the situation. This relationship building would also have been integral in facing the Peterson-Hardy communication issues with respect to the local municipalities and fire department. Operant Learning Theory (Johns & Saks, 2014, p.54) suggests that as a result of this negative consequence Peterson should be able to improve his interpersonal skills specifically with superiors within the organization moving forward. As a subordinate to Hardy, Peterson should have instead attempted to resolve this problem early on as it was a critical relationship within the GMCT Company.
This case illustrated that there were real consequences to white collar crime. In addition to paying the fifty million dollar fine, he relinquished another fifty million dollars of his illegal trading profits. (He still had millions remaining, however, from his illegal gains.) His actual prison sentence was three years, yet he served only twenty-two months in the federal prison at Lompoc, California, which was known to have a “country-club” atmosphere.
Chapter 19. p413. John G.Fleming [4] P419. Textbook on Torts 8th edition. Michael A.Jones [5] Vicarious Liability for Employers. Andrew Scott-Howman.