According to the Federal Trade Commission (FTC), there are two red flags that to warn consumers of a pyramid scheme (inventory loading and lack of retail sales). It was determined in a federal appeal court by the FTC that BurnLounge was working an illegal pyramid scheme. The decision was based on the fact that contributors had to pay to join the scheme and were mainly encouraged by recruiting others into the scheme instead of selling products. The courts did not rule that Herbalife’s commission produced from goods vended to contractors were unlawful. Unlike BurnLounge, Herbalife focused on both the recruitment of contributors and sells to consumers. The cost to join BurnLounge is an annually fee up to $429.95 and Herbalife fee is a one-time
The Necessary and Proper Clause allowed Congress to have an extensive authority to criminalize conduct, send those to prison who engage in that conduct, and pass laws that will govern the prisons and prisoners in the course of "carrying into Execution" the listed powers that are "vested by" the "Constitution in the Government of the U.S.," authority granted by the Necessary and Proper Clause. Section 4248 was a small addition to the set of federal prison related/mental health statutes that had previously existed for many decades.
Another major problem the R.R.C. is facing is an issue experienced by many government offices. Job security is basically ensured at the R.R.C. and the process to terminate an employee is extensive and time consuming. All efforts must be taken to first make a reasonable effort to assist the employee in improving their performance. If the employee can't perform the duties of their position, an effort must be made to move them to a position they are capable of performing. If the employee is incompetent for any available position, only then can an employee be terminated. The biggest issue comes when the employer needs to
On November 6, 1986 the "Immigration Reform and Control Act (IRCA) was signed into law with its purpose being to "reform/re-assess the status of unauthorized immigrants set forth in the Immigration and Nationality Act." ("1986 Immigration") But this legislation would have unexpected consequences when, almost three decades later, the State of Arizona passed the "Legal Arizona Workers Act" providing for the suspension and/or loss of business licenses of employers within the state who intentionally hire undocumented aliens. ("Chamber of Commerce of the United States") The Chamber of Commerce of the United States challenged the law in court under the presumption that the new Arizona law was in violation of the 1986 federal Immigration Reform and Control Act. According to the Chamber of Commerce, the IRCA "prohibits states from establishing their own enforcement scheme to sanction businesses that hire unauthorized immigrants." ("Chamber of Commerce v. Whiting") They also argued that the law's use of E-Verify to confirm a potential employee's legal status, conflicted the federal law's provision to make the system voluntary. In a 5-3, the Supreme Court of the United States upheld the Arizona law.
Ever heard of Joint Commission? The Joint Commission is an independent, not-for-profit organization that wanted to improve the health care to the public by evaluating different health care organizations by providing the best care at the greatest values they could provide. The joint Commission is a group of 32 members, including physicians, administrators, nurses, employers, and quality experts. There are over 1,000 employees. ‘’ All people always experience the safest, highest quality, best-value health care across all settings.’’
Due to many events of corruption within the economic system of America, the government was starting to fear that these ultra-powerful corporations was starting to interfere with the system of free competition among businesses, and free trade between the states. To help bring these institutions under control, Congress first passed the Sherman Antitrust Act in the year of 1890. It basically stated that no company or corporation was allowed to compromise between trusts or agreements that would mess up the system of free trade between states and other countries. Along with this, the federal government attempted to prosecute many industries in the Supreme Court, motivating Rockefeller to back down and get rid of his trusts. Unfortunately, this new
The facts of this case consist of the state of Georgia enacting a law that requires all trucks and trailers operating within Georgia state lines to use contoured rear-fender mudguards. Furthermore, the state of Georgia prohibits the use of straight mudguards by making them illegal. However, straight mudguards are deemed to be legal in 35 other states including Georgia’s neighboring state, Florida- which explicitly requires the use of straight mudguards by law. Lastly, evidence suggests that contoured mudguards may be safer compared to straight mudguards.
A preliminary question is what are antitrust laws? They are a series of laws designed to protect competition in the marketplace. Antitrust laws prevent restrains of trade or commerce. Black’s Law Dictionary defines antitrust laws as “[t]he body of law designed to protect trade and commerce from restraints, monopolies, price-fixing, and price discrimination.” The main law regulating antitrust is the Sherman Antitrust Act, which makes it illegal for individuals or groups to restrain trade or commerce. Besides the Sherman Act, the other law that factors into Dental Examiners is the Federal Trade Commission Act, which prohibits any “[u]nfair methods of competition.” This law serves as the basis for the majority of Federal Trade
The primary payout comes from recruiting others into the program, and not necessarily from the sales of the products. This shell game places the burden on the participant to constantly be recruiting new participants instead of actually selling the products. The test for demonstration of pyramid schemes has two different primary factors that are evaluated. Is the company primarily making money off of recruits that purchase sales packages and must those participants recruit other participants to be able to make any money? BurnLounge was proven to be primarily based on recruiting new members and getting them to purchase sales packages instead of the sales of the products. Failure to disclose that most investors actually lose money was part of the downfall of the BurnLounge system as well. The investigation into illegal activity centered on the evaluation of sales activity and recruits. Unfortunately, it took 7 years to shut down BurnLounge, which delayed the protection of an estimated 30,000 salespeople that were roped into the scam. Multilevel marketing should not vow large earnings from recruiting, charge large start-up fees, or compensate primarily from recruiting fees (Walsh,
Does the government have the right to regulate large corporations, namely the Microsoft Corporation? If so, then to what extent can the government do so? Based on our research, it is the government’s responsibility to remedy Microsoft’s noncompetitive behavior in order to increase fair competition.
First, the legal issues, in this case, are an employee was hired, but the proper steps were not taken to determine if he was eligible for the position. He used a fake name, fake social security number and even provided a card he altered, and lied on his application regarding being arrested and having felonies. The Linden Oaks facility did mandate Jeffrey McGee aka Khalifah Shabazz to undergo a fingerprinting screening until after the charges were filed against him by a resident. If the fingerprints were completed, they were not filed correctly, leaving Linden Oak at fault. The court decided to “grant summary judgment on the plaintiff's negligent hiring claim and remand for further proceedings on that claim” (Walsh, 2016).
The Federal Trade Commission actively enforces antitrust laws to organizations within the healthcare field, including to Physician Hospital Organizations (PHOs). A PHO is a vehicle that enables hospitals and physicians to work cooperatively toward accomplishing several objectives (Physician, 2015). According to Susan Creighton (2004), competitive issues among PHOs can occur when a PHO acts as a contracting arrangement for a network of healthcare providers. The network can consist of groups of physicians, one hospital or several, and also some other entities that offer a bundle of healthcare services to insurance companies and other payors (Creighton, 2004). The FTC states that the core antitrust law principle is that it is illegal for competitors to agree on prices they will charge, except where they come together and integrate in a legitimate joint venture that results in efficiencies or other precompetitive benefits that outweigh the restriction of competition (Creighton, 2004). Agreements that violate the antitrust law can be determined as per se illegal. Per se illegal means that activities, such as horizontal price fixing, or group boycotts, have been conclusively presumed to restrain competition unreasonably even without a study of the market that they occurred in, or an analysis of their actual effect on competition, or their purpose (Burke, et al., 2009). South Georgia Health Partners are an example of a PHO that was charged by the commission on a per se illegal
The issue of age class in America is portrayed in “A Pup Named Scooby Doo.” The kids on the show are always being told to let the grown up’s handle the bad guys, even though the kids are the ones who always find and unmask the bad guys. They may just be children, but that doesn’t stop them from always getting the bad guy.
The stakeholders in this fraudulent case of WorldCom consist of Bernie Ebbers, Scott Sullivan, Buford Yates, David Myers, Cynthia Cooper, and Betty Vinson belong to the company. While the other stakeholders would consist of the creditors, Andersen (accounting firm), investors, and the public. This fraudulent act committed within WorldCom impacted every single stakeholder in a way. Either in a negative or positive way, most of the impact was caused with harm to everyone. The main individuals such as Ebbers, Sullivan, and Vinson all had major consequences as resulting with the fraud. Criminal trials were a major result with their fraudulent acts within WorldCom. Cooper was a lifesaver by most of the community. Aside from these individuals, the rest also got affected by the fraud. Investments conducted by the investors were all lost within the fraud process. The impact towards much of the image for Andersen was ruined. Many of the public lost their trust on the honesty and professionalism of Andersen and other certified public accounting firms. The entire employees from the top management to the smaller group of workers stayed unemployed and some with criminal punishment.
This paper presents a case study of Apple Inc. Apple Inc. is a technology based corporation with emphasis on computer software and hardware (MAC and Apps), tablets (IPad), smart phones (IPhone), and mp3 plays, (ITouch). Apple Inc. has grown tremendously over the years and ever since 2001 has expanded its brand and retail stores to over 375 stores/outlets globally. The business has seventy two thousand eight hundred employees in thirty eight countries. Apple Inc. has truly become one of the most efficacious corporations within its field behind or competing with Microsoft and Google Inc.
In this report we focus on the two main competitors in the package delivery industry: Federal Express Corporation (FedEx) and United Parcel Service of America, Inc.