The Hobbs Act is described as “whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years or both.” 18 U.S.C. § 1951(a). The language in this act does not distinguish While a multitude of United States Supreme Court cases regarding the Hobbs Act have upheld matters involving businesses, the individual has an equal affect on interstate commerce. First, in United States v. Jimenez-Torres, 435 F.3d 3 (1st …show more content…
Cir. 2006) the United States Supreme Court held that the robbery and murder of Carlos Flores-Rodriguez was in violation of the Hobbs Act because Mr. Flores-Rodriguez was the owner of a Texaco gas station and as a result of his death, the gas station involved with interstate commerce was shut down. In this situation both individual and business were present and both effected interstate commerce because the individual was the sole owner of the gas station. This bolsters the argument that interstate commerce is equally affected by both individual and business robberies. Additionally, United States v.
Hinton, 366 Fed. Appx. 481, 487 (4th Cir. 2010) shows that violation of the Hobbs Act can be as low as thefts of $10 as long as it affects a business or individual involved in interstate commerce. In conjunction with the broad definition of the Hobbs Act; “whoever in any way or degree obstructs, delays or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion…” 18 U.S.C. § 1951(a), the Hobbs Act is easily violated. Based on the ruling in United States v. Hinton, we could assume that it would be likely an individual who robs the manager of a Burger King for $200 would in fact violate the Hobbs Act, so long as those monies intended use was for interstate commerce. Which would also mean that the business was affected; making it an equal effect to interstate commerce. While analyzing the implications of United States v. Lopez and United States v. Hickman, Michael McGrail (2000) has found that robberies not committed by an organized criminal gang is required to have had a substantial effect on interstate commerce. This finding supports the ‘business’ aspect of the suspected party, or defendant, but does not set forth limitations to the victim. Because businesses are owned by an individual or individuals and in order to violate the Hobbs Act there needs to be presence of interstate commerce robbery or extortion, the two have an equal effect on commerce. This argues the fact that an individual and business
might be difficult to separate. In conclusion, the effect on interstate commerce is equal whether the robbery victim is an individual or a business. The murder of an individual (presumably wealthy) business owner has an equal effect on interstate commerce when the direct result of the death is that the business is shut down. Previous findings by the United States Supreme Court have not distinguished which of these carry the most weight. However, they have made findings regarding the affect on interstate commerce and the amounts required to be considered a Hobbs Act violation. As described, a violation of the Hobbs Act robbery against an individual carries equal weight when compared to that of crimes against a business.
Underneath the talk of states’ rights, expansion, tariffs, and railroads there was always slaves, toiling on southern plantations and growing in number each day. As the country entered the nineteenth century, politicians found the unanswered issue of slavery demanded attention. This attention was necessary not only because of the expanding country, welcoming new states into the fold, but because of the slaves themselves and their actions. Despite talk of other political issues crucial to politicians as the years crept toward the Civil War, slavery was constantly an undertone in each debate. The presence of slaves and free blacks throughout the United States of America influenced both northern and southern politicians to create legislation that
6th amendment: we should keep the 6th amendment to allow the people have the right of having assistance. The right to counsel protects all of us from being subjected to criminal prosecution in an unfair trial. This right is more important when the accused faces the death penalty. For example the case of Bradley Manning who was serving for U.S military was arrested for leaking information and aiding the enemy in Iraq and Afghanistan.” Recently, Manning’s defense attorney, David Coombs, filed a motion stating that Manning’s charges should be dismissed because his right to a speedy trial has been completely violated”. So the point is that he at least could defend himself by the information that he had. The importance of this amendment is that
The Sherman Act outlaws every contract, combination or conspiracy in restraint of trade. It also prohibits any attempt to monopolize. The Sherman Act enforcement can be civil or criminal. The criminal penalty can be up to $1 million for an individual and $100 million for a corporation. The Federal Trade Commission Act bans unfair methods of competition and deceptive acts or practices. Violation of Sherman Act also violates Federal Trade Commission Act. The Sherman Act and Federal Trade Commission Act are very effective, but they do not address certain specific practices. The Clayton Act addresses some specific practices such as mergers and interlocking directorates. For example, Section 7 of Clayton Act prohibits mergers and acquisitions that lessen competition or tend to create monopoly. Apart from these three core antitrust acts, most states also have antitrust laws. (FTC, 2014)
The first of the three major Federal antitrust laws is the Sherman Act that was created in 1980. This act will not allow for competitors to set a fixed price on a good or allow for one company to become a monopoly. Breaking the Sherman Act can be punished normally as a criminal felony with individuals being fined up to $350,000, businesses being fined up to $10 million and corporations up to $100 million per offense. There is also jail time that can be served by each with the individual who can be sentenced up to three years in jail and a business up to ten years in prison per offense when the Sherman Act is violated.
One of the most recent stories involving white-collar crimes in the United States involves the Wells Fargo. Wells Fargo is banking and a financial institution that offers financial services to very many people in the United States as well as around the world. As reported by the Washington Post, Wells Fargo as banking and a financial institution was involved defrauding its customers millions of dollars through their employees. It was reported that the employees were involved in the opening of close to 2 million bank accounts with Wells Fargo and proceeded to offer credit cards towards the same as a way of attracting the huge bonuses that were being offered (Merle, 2017). The white-collar crime perpetuated by Wells Fargo falls under the Corporate
In recent years people in America have become curious about white-collar criminals and white-collar crimes. Notorious instances of white-collar cases have peaked interest in the subject as well. The idea of white-collar developed in criminological changed over time. A type of white-collar crime called corporate crime has been found in the United States for years. The government has created systems where they can control white-collar and corporate crime. There are reforms that could effectively address white-collar crimes. Organized crime is usually merged with the Mafia, and other illegal groups, when heard by Americans. Organized crime and white-collar crime differ in the way they are committed and the people who commit these crimes.
Corporate crime is extremely difficult to detect for many reasons. One major reason is that many people do not realise a crime is being committed as corporate crime is often seen as a victimless crime. At face value this may seem to be the case but if you look deeper you will see that this is not true. Every year the FBI estimates that 19,000 Americans are murdered every year compared with the 56,000 Americans who die every year from occupational disease such as black lung and asbestosis (Russell Mokhiber 2000). Deaths Caused by corporate crime are also very indirect so it can be very difficult to trace the problem to the corporation.
It was found during research that white collar crime does not necessarily require a breach of law, as various forms of white collar crime can be committed without them being held criminally responsible, all due to the fact that they were conducted without criminal intent. This means that civil law is more effective in regulating white collar crime, as mens rea does not need to be proven unlike criminal law. Therefore, the definition for white collar crime should be defined as nonviolent forms of crime that is financially motivated and committed by businesses and governments, with or without mens
White collar crime can be a very complicated topic because of how fairly new it is. Edwin H. Sutherland helped coin the term white collar crime in December 1939, during his presidential address “The White Collar Criminal” (Friedrichs, 2010). Although white collar crimes had been happening throughout most of history, they didn’t get as much attention until more recently. Since white collar crime is still so new, all definitions have been under a lot of scrutiny. The definition that is currently most acknowledged comes from a group of criminologists that got together in a group, to come up with a definition for white collar crime and that would be accepted by the majority. This group defines white collar crimes as:
Many white-collar offenders may start off as trustworthy, respected businessmen/women in their workplace. Motivated by greed and power, these highly skilled people will use cunning and deceit to earn what they want from innocent people. Some people are very well known through their illegal white collar activities that are brought to light. After a competitor’s representative met with The Securities and Exchange Commission (SEC) with suspicion about Bernard Madoff, founder of Bernard L. Madoff Investment...
Imagine losing your retirement funds or being a victim of a mortgage fraud because money from your bank account disappeared overnight! The 1996 report of the National Criminal Justice Commission estimated that the annual cost of white-collar crime is between $130 billion and $472 billion, seven to twenty-five times greater than the cost of conventional or street crime (Conklin, 2010, P. 71). White-collar crime in America is considered larceny committed by the wealthy, respected, and legitimate enterprise which is not set up or intended to go out of business like an ordinary fraud or con game. White-collar crime offenses may involve forgery, embezzlement, or fraud involving massive amounts of money. Offender’s commit fraudulent acts in the course of normal business practice, but is considered unethical and violates accepted accounting principles and mainly public trust. To help better understand the issue the essay will explain several incidents which are involved with white collar crime and how it hurts many individuals from families to businesses. Even though white-collar crime offender’s gain an increase in salary and may go unnoticed, the criminal justice system should continue to take a stance on white collar crime. Because mainly white collar crime is a serious invincible crime, laws that regulate white collar crimes are necessary, and impacts society's way of life. Additionally, a proposed suggestion will be presented to counter the identified problems and conclude final thoughts on white-collar crime. At the end of the day the goal to continue law regulations against white collar crime while maintaining public protection will be the driving emphasis behind this essay.
When we look at the laws that have been broken by so many of the top named corporations, I see why they continue to operate in the capacity that they do. When you take in to account the amount of money taken in for overall profits each year versus the fines levied “if” they are caught breaking the law I can see why they take their chances at being caught or not. Although the fines given are typically large amounts, they really are a mere slap on the wrist when compared to the money earned each
Zero in on a 45 year-old mother of 13. A man comes to her with a proposal. Invest in his company, and he can guarantee 100%, 200%, possibly even 300% returns on what she gives in mere months. For her this means taking out a second mortgage on her house; the same house she hopes to pay off entirely with the promised large return on her investment. Two years later, the windows of the house are boarded up and the woman recounts to reporters the chilling details behind the reason her family has no place to spend Thanksgiving this year. Her money is gone, along with her hopes of ever retiring from the two jobs she works. Stories like this are heard all too often from victims of white-collar crime. “Lying, cheating, and stealing. That’s white-collar crime in a nutshell. The term- reportedly coined in 1939- is now synonymous with the full range of frauds committed by business and government professionals” (FBI, n.d.). White-collar criminals are not holding a gun to anyone’s back demanding wallets and valuables. Instead, they gain the trust of those they prey on. Worse, they use their status in society to build comfort in their victims’ minds. A few of the best-known schemes in U.S. history are Enron, WorldCom, and the massive Bernie Madoff Ponzi scheme. These three cases alone amount to losses upwards of 70 billion dollars. The victims in each case are the same, American citizens. White-collar crime in America is insufficiently controlled due to weak laws, a broad pool of victims, and the enormous power scale of those involved.
...t for illegally profit, the consequences will be unfavorable; therefore, a decision has to be made in order to protect the rights of the original owner and the responsible party must be held responsible for any infractions.
This statement is a myth. White collar crimes not only affect the corporation or organization that is a victim of the crime, but often times these crimes are committed by the organizations cause financial instability or concerns for the citizens it provides services to. When the reach of financial instability impacts the lives of the citizens, the unstable income can cause more crime of many different types to be committed out of necessity. When an individual has a family to support, and the white-collar crime took away their means of support, the individual will do anything to ensure their families survival. The myth that white-collar crimes do not harm an individual is so hard to abandon because of the definition of white-collar crime itself. White-collar crimes focus on the “key institutions in which those crimes take place and normally who benefits from the crime” (TV, 2010). The idea that no one is hurt from white-collar crime is also not widely advertised, it is not a popular crime to report. These crimes are something from the “movies” that seem to be nearly impossible to accomplish, and therefore are not likely to be thought about as often as street