For the following scenarios, state and define the federal law that would assist in fighting that type of White Collar crime, and explain the punishment or remedy available under each law.
a. The CEO of a corporation acquiesces with the CFO s decision to use the nonaudited services of an independent accountant to prepare their annual report for their annual stockholders meeting so that they can leave off the annual report a loss of one million dollars resulting from the settlement of a sexual harassment lawsuit because the scandal would scare off needed investors.
b. A pharmacy tech working for an independent pharmacist, who has contracts to supply drugs to several area nursing homes, notices that the pharmacist is continuing to fill prescriptions of deceased patients and accepting payment from Medicare for these prescriptions and profiting at least seven thousand dollars each month.
c. A group of four laid off employees got together and schemed up a plan to get back at the company that ruined their lives when they lost their jobs, and even named their team the REVENGE WARRIORS. They purchased expensive electronics from their former employer s retail stores using counterfeited credit cards and by opening bogus lines-of-credit from the store using fake driver s licenses. The team, REVENGE WARRIORS, then sold the stolen electronics on eBay and Craigslist, earning over a million dollars in a matter of months. When arrested, the feds seized their bank accounts and all the contents of a storage locker rented by the team that contained another million dollars in stolen goods.
1. Identify the constitutional amendment and the right that acts as a safeguard to assure that criminal procedure is fair in the following scenarios:
a. When garnishing the wages of a debtor, the court will notify the debtor of his right to a hearing to challenge the right of the creditor to take his property.
b. During a criminal trial, the defendant s attorney has the right to cross examine all witnesses, even if the witness is a child.
c. In any civil or criminal trial, a witness has the right to refuse to answer if the question asks him to admit facts that could be grounds to charge him with a crime.
d. Good grounds for appeal exist if a judge denies bail to a businessman charged with a white collar crime that has strong ties to the community, surrenders his passport and is not a flight risk.
e. When stopping cars for routine sobriety check, the police may not automatically search your car for contraband, unless you consent or the drugs are in plain sight.