Legal Challenges In Modern Business : The Fine Line Between Torts And Crimes

Scenario 3: Elaine R. was an accountant working for a large corporation. She had been falsifying the accounting records and sending some of the corporate funds to her own bank accounts in an offshore bank. The corporation found out what she had been doing and reported her to the police. Category of crime white collar crimes, Elaine

Another threat is Phishing, it is the fraudulent practice of sending emails pretending to be from reputable companies in order to lure individuals to reveal personal information, such as passwords and credit card numbers.

From a biblical perspective we see in 1 Samuel 12:1-4 Israel’s high regard for Samuel. He was a man who exuded integrity. Samuel said to all of Israel, “I have listened to everything you said to me and have set a king over you. Now you have a king as your leader. As for me, I am old and gray, and my sons are here with you. I have been your leader from my youth until this day. Here I stand. Testify against me in the presence of the Lord and his anointed. Whose ox have I taken? Whose donkey have I taken? Whom have I cheated? Whom have I oppressed? From whose hand have I accepted a bribe to make me shut my eyes? If I have done any of these, I will make it right.” “You have not cheated or oppressed us,” they replied. “You have not taken anything from anyone’s hand.”

Arson is define as “any willful or malicious burning or attempting to burn, with or without intent to defraud,

Arson is a crime that applies to persons accused of setting or causing fires or explosions to damage a property. The most severe arson charge is A-1 Felony, which is as serious as a murder charge, while a minor arson is simply a misdemeanor ("Arson", n.d.). In New York State, arson cases are usually dealt with by specialized officers who investigate them. Arrests in these cases

Occupational fraud is defined as the use of a person’s job for individual enrichment through the purposeful mishandling or misapplication of his or her employer’s capital or assets (Wells, 2005). Occupational fraud can have a serious impact with far-reaching consequences. In 2004 for the Association of Certified Fraud Examiners (ACFE) conducted a survey that provided 508 usable studies of fraud for a total of over $761 million

For the purposes of their jobs, people in California, and throughout the U.S., are often responsible for managing or monitoring the assets or property of others. Should they use those funds in a way that was unauthorized or for their own personal gain, however, they may be charged with embezzlement. When handling others’ funds and property, there is a fine line between what is permitted and what could be construed as theft. Therefore, it may behoove people to understand what constitutes embezzlement, and the potential penalties that may accompany a conviction.

In fraud committed against organizations, the victim of fraud is the employee’s organization. In frauds committed on behalf of an organization, executives usually are involved in some type of financial statement fraud; typically, to make the company’s reported financial results appear better than they actually are. In this second case, the victims are investors in the company’s stock. A third way to classify frauds is via the use of the ACFE’s occupational fraud definition, “the use of one’s occupation for personnel enrichment through the deliberate misuse or misapplication of the employing organization’s resources or assets” (ACFE, 2010). The ACFE includes three major categories of occupational fraud: asset misappropriations involves the theft or misuse of the organization’s assets, corruption involves the wrongful use of influence in a business transaction in order to procure benefits contrary to their duty to their employer, and fraudulent financial statements involving falsification of an organization’s financial statements for personal gain.

Phishing is an attempt to acquire personal information by masquerading as a trustworthy entity through an electronic communication. [ Compl. ¶ 28, ECF No. 1.]

They’ll have a Love of Setting Fires. Once a child has a taste for setting fires there’s a high chance that they’ll become an Arsonist. A Arsonist is a Person who commits Arson. Arson is the malicious burning of another 's house or property, or in some statutes, the burning of one 's own house or property, as to collect insurance.

Embezzlement is an act withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type of financial fraud. a lawyer might embezzle funds from the trust accounts of his or her clients; a financial advisor might embezzle the funds of investors; and a husband or a wife might embezzle funds from a bank account jointly held with the spouse.

Being the fastest growing crime of today, it is estimated that every 79 seconds an identity is stolen (Consumer Reports 13). Empty promises made by solicitors in spam e-mail offer a free gift in exchange for personal information. These solicitors have no intention of sending any free gifts, but their scams help them obtain the private information desired. If enough information is given, criminals are able to apply for credit cards, apply for a fraudulent loan under the victim’s name, and make illegal withdrawals from random bank accounts. This is only one of the many ways a person’s identity could be stolen (O’Reilly).

Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store. Sam is being accused of conducting business from his apartment and going back on a verbal promise. In the last case is two lifelong friends who decided to join in a partnership and open up a sporting goods shop. Therefore, before the appropriate court can proceed with the first case, the court should take into several considerations around the rules of jurisdiction, alternative dispute resolution (ADR), and whether or not corporation/or corporate offices can be held for the criminal or potential act. In the second case before the court can rule the court should determine the various elements of a valid contract, if a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam 's claims. Finally, in the third case between Jeb and Josh, they should determine the type of business entity that will overall protect their business and personal needs.

Phishing is a serious problem in the progressively limitless service of the internet. There are many ways to trick the people to disclose the information by using social engineering attack. It can take form of spam email, fake

Over the past two years, corporate America has endured a plethora of fraudulent acts committed by those of high status within their respective corporations, most of which involve internal fraud. Internal fraud has two main aspects, misappropriation of assets and fraudulent financial reporting, with the focus of this discussion lying within the former. Misappropriation of assets is defined as fraud for personal gain. It is the most common type of fraud found among employees and frequently includes theft of cash and inventory.