Criminal Law and Corporate Welfare Considered

Any time the government does business with corporate America we see abuses. Sometimes the Corporation takes advantage of the government, and sometimes the government takes advantage of the company. Nevertheless, there is often unscrupulous behavior behind it all. This is a very important area of criminal law, especially when it concerns the public's money. Let's talk about this for a minute.
There was a very interesting article the Wall Street Journal on November 23, 2010 titled "Lawsuits Bring in $3 billion for US," by Evan Perez. Apparently, the US Justice Department has been quite busy filing lawsuits and collecting some of the money back that was defrauded from the US taxpayer. In 2010 they've already collected $3 billion back into the U.S. Treasury against companies who had cheated the government. Luckily for the taxpayer this is a 25% increase according to the article of the money collected from last year.
Now then, I'd like to discuss this for a moment because it is quite serious. We seem to have a problem where corporations in the United States think it is okay to cheat the taxpayer and the government out of money, to manipulate contracts, and defraud the taxpayer. The question I have is; why are we giving corporate welfare in the first place, and then being taken advantage of by all these companies. And it's not just one industry, it happens in many industries.

Anti-Discrimination Laws And Freedom

Rights and "Rights"

John and Terry Hoffius own an apartment building in Jackson, Michigan. In the summer of 1993, they had a vacancy and advertised it. They were contacted by a couple, Kristal McCready and Keith Kerr, who expressed interest in renting it. When asked if they were married, McCready and Kerr replied in the negative. Mr. Hoffius informed them that according to his religious beliefs it was sinful to cohabit out of wedlock and that he would not countenance it by renting to them. McCready and Kerr soon found another apartment in the area but would not just let the matter drop. They filed a suit against the Hoffiuses, alleging housing discrimination. The case went all the way up to the Michigan Supreme Court. In a 4-2 decision, the Supreme Court held that the Hoffiuses had violated the plaintiffs' "rights" by not renting the apartment to them. [1]

In a 2002 decision, the California Fair Employment & Housing Commission fined Melissa DeSantis $500 for inflicting "emotional distress" on a would-be roommate by allegedly telling him that "I don't really like black guys. I try to be fair and all, but they scare me." The decision also required her to pay the would-be roommate $240 in expenses and take "four hours of training on housing discrimination." [2]

Ann Hacklander-Ready rented a four-bedroom house in Madison, Wisconsin, and sublet three of the bedrooms to female housemates. After two housemates moved out, Hacklander-Ready and her remaining housemate, Maureen Rowe, looked for replacements. They initially accepted a rent deposit from Caryl Sprague, knowing that she was a lesbian. Hacklander-Ready and Rowe later decided they were not comfortable living with a lesbian, and returned Sprague's deposit. Sprague then filed a discrimination complaint with Madison's civil rights commission against both Hacklander-Ready and Rowe. The judge ruled against the duo, and ordered them to pay damages. Rowe settled but Hacklander-Ready appealed. She lost and was ordered to pay $23000 to Sprague in attorney fees, in addition to thousands of dollars worth of damages. [3]

Rights, Rights, and More Rights

Rights, rights and more rights. Rights for some, rights for all, denied rights, new rights, old rights, universal rights, equal rights. You would think that with all the public chatter about rights we would have a better understanding of rights; what they are and what they are not, and exactly where they come from.

In fact, there are no such things as rights. The common notion that we are born with some universal baggage, called rights, is nonsense. There is no right to life, liberty, or the pursuit of happiness. From wars and disease and famine, to accidents and crimes, to abortion, to self-destruction by any number of means, people die against their wills by the thousands every day. The liberty and happiness we all hope to enjoy is as much an exception as most believe it to be the rule. The current destruction of life, liberty, and happiness, worldwide, should be enough to convince anyone of the fallacy of our current concept of rights.

The Future of Criminal Justice - Making Time

A degree in Criminal Justice has allowed students to enjoy successful careers in such diverse fields as law enforcement, criminal rehabilitation, homeland security, and private investigation. This remarkable degree develops strategic thinking and problem-solving skills necessary to excel in both law enforcement and management. A degree in Criminal Justice is fundamental for individuals interested in law enforcement, whether it be on the municipal, state, or federal level. Moreover, there is a corporate demand for executive-level professionals who possess backgrounds in criminal justice.

The effectiveness of the criminal justice system depends on well-trained individuals who can thoroughly investigate crimes, rehabilitate inmates, and assist victims. Effective courses in Criminal Justice should provide students with extensive knowledge concerning the motives and means of criminals. The best degree programs often include courses focusing on dispute resolution, child abuse and neglect, gang culture, the judicial system, criminal law, and investigative procedures.

Abuse of Power and Justice

Business owners have to keep a careful eye on the regulations put forth by the regulatory bodies in the United States. They also have to watch out to not become a target of the regulations, when those agencies are trying to prove self worth. One such agency, which needs a stronger over sight is the Federal Trade Commission in their enforcement on the franchise rule.

Has justice ever really existed at the Federal Trade Commission, has it always been so blatantly fraudulent in it's activities. Is this the Martha Stewart enforcement scenario, lying under oath or penalty of perjury to attempt to prove someone else has lied? Is this all it really is? I hereby question the motivation, person character and ethics of any and all persons working in that agency. I would appreciate a full internal review of this issue. Do Federal Trade Commission employees go thru a background check like other law enforcement agencies? Shouldn't they?

Justice For All - What Planet Are You Living On?

Many folks declare justice for all, and yet no society on Earth has ever had true justice. Some say that the United States has justice which is fair for all, but that really is not true either. After all, you have to pay a lawyer to assist you in the courts and thus, you have to pay exorbitant fees for your right to justice. If you have to pay for justice, and those with the most money receive the most justice, that in reality says there is justice for no one and those with the most money are merely above the law.

If you think there is real justice in the United States of America, you simply don't understand how the system works. In a civil dispute, very rarely is anything black and white and the more that is involved the cloudier the law gets until it is completely shades of gray. The party with the most money to pay the most expensive lawyers can win by default by simply outlasting the other party, forcing them to settle or litigating until the other party runs out of money.

As a consultant and a speaker, I am often asked by college students about business issues and the law. It's amazing how the idealist student often sees things; it is actually unfortunate in many regards. Why you ask? Well, because they are paying huge amounts of money for very expensive degrees only to get out into the real world and learn the truth.

Now some colleges and universities are better at showing the reality of things, but unfortunately if they do they are teaching the next generation to abuse the privileges of law and justice to serve their will and that only makes the system worse. I submit to you; that true justice does not exist and I challenge you to prove that notion wrong. And to do that you must prove it with real observations and not in a court of law. Please think on this.

What Does the Justice of the Peace Do?

Have you ever thought what the justice of the peace does? There are different kinds of things that need to be done by this person. The primary function of the justice is to hold justice as well as claims in the civil court.

They must make sure that they deal with the matter very quickly as well as judiciously so that they can close the matter as soon as possible. One of their duties is to release some of the work loads of the higher courts. Other than this the justice of peace also has other duties.

He has to witness as well as attest certain kinds of documents. He has to deal with the statutory declarations. He also has to certify the copies of certain original documents. Other than this he also needs to deal with the affidavits.

Law and Its Contempt

The contempt of court law in Chennai, India, is really an eye wash. Here no human can whisper about human rights because Chennai does not believe in freedom for the general public. The governments here are more inclined towards fleecing the public through deceptions. If anyone goes to courts with a contempt of court petition against anyone who has political pull it immediately becomes such a drama and spreads to all fields. Proof of that is my dismissed case. There was an interim injunction obtained and a contempt of court petition filed against a reserve policeman, the defendant. This was willfully overlooked by lawyers making us go in for an anticipatory bail just because the reserve police and his mother gave 2 separate complaints according to the police stations daily register. The judge did not bother to ask me if wanted to by pass the contempt. What rights do the courts judges and lawyers have to overlook the common mans sufferings just because it is a puppet in the hands of the unprincipled politicians and police.

The atrocities in Tamil Nadu where the police itself manipulate everything to pamper the politicians and fan their egos is considered THE way of life. This is clear when the one they target, come up in life. No one would expect anyone to be as cunning as the politicians and police put together. They do not do this work without the support of the misguided lot in the general public. Probably that is easy, because here people are divided in many ways. The more the divisions, the more the avenues for distortion of facts especially when all make sure that the victim is never involved in anything. Here people are divided in religion and caste. All the governments here love to run off to the religious playground using one player against the other while they are the spectators chipping in now and then to make or maintain rifts. No human can belong to all religions but we are all meant to love God as one and live on this one earth. So what if God has different names? Everybody has different names in one lifetime. everyone is a child, adolescent girl or boy,daughter or son, mother or father, niece or nephew etc etc. Our names change with each person we relate to. I have been blessed by being brought up by 2 mothers from 2 different religions. The one God has worked wonders through them without whom my prayers would have been incomplete.

Laws and Moral Obligations

Just because there are no laws about certain acts, it should not be interpreted to be a free-for-all, do as you please, wild-wild-west playground where the strong and the quick are allowed to prey on the less nimble and the weak.

Laws, rules and regulations cannot be (and we should not expect it to be) so comprehensive that it fully protects against every possible scam or scheme concocted by some clever guy who knows the rules and the loopholes. Clearly, any rule that is comprehensive and complete would be so voluminous that it would be too costly for individuals and businesses to keep tab of and to adhere to. It would be equally costly for the government to ensure compliance.

Even the Ten Commandments are merely broad, basic tenets to live by. "Thou shalt not kill" does not prescribe the ways that one can commit murder. It wasn't and it shouldn't be necessary. The intent is clear and we are expected guided by our conscience, our inner moral selves.

Classes Through Criminal Justice Colleges Introduce Students To Law And Order

Introduction to Criminal Justice is a course that is a pre-requisite course for any student who has the dream of being a part of the criminal justice system in the United States. Many students have different aspirations about what they would like to do if given the opportunity to serve their communities in the wide field of crime and law enforcement. Like most college programs, criminal justice majors are required to take introductory courses in order to proceed to the higher level courses.

Taking students on a journey throughout the justice system, this introductory course covers a wide spectrum. Students will learn the different motivations for crimes, as well as the processes by which a crime is dealt with in the court systems. In this pre-requisite course students are also given background knowledge on the functions of the police and corrections department. They will also examine the many different controversial issues that affect how law enforcement executes their mission in the 21st century.

Of Rights and Justice Denied

Civil - of or relating to the state or its citizenry;
Rights - something to which one has a just claim;
Civil Rights - the nonpolitical rights of a citizen.

Forty people dead...victims of violence
working for civil rights in America
a freedom struggle - to be continued.

Laws and Ethics. Who's Kidding Who?

Years ago I read an article by a renowned psychologist wherein he wrote his studies found one percent of all human beings would never lie, cheat or steal. One percent would always lie, cheat or steal and given the right set of circumstances, the rest of us would likely lie, cheat and/or steal.

I mention this to highlight the fact that, if we can buyoff on this one principle - sobering though it may be - we have then, a benchmark from which to begin to at least try to understand the denigration of ethics that lead to outcomes like Enron and WorldCom.

Most believe morality walks hand-in-hand with unquestioned ethics. A quick look-up in a dictionary for Morality reveals words like, ethical, good, right, honest, decent, proper, honorable, just, principled and so on. All good words, no doubt. Words too that describe what most of us - including Enron Exec's - see in ourselves, Morally Upstanding.

International Law And The Right To A Healthy Environment As A Jus Cogens Human Right

sed and strongly endorsed declaration at a near-universal diplomatic forum could be sufficient to establish new international law." (21) This process should be distinguished conceptually as "general international law", rather than CIL, as the International Court of Justice (ICJ) has often done.

In like vein, Professor Gunther Handl argues that all multilateral environmental agreements (MEAs) of "global applicability" create "general international law":

"A multilateral treaty that addresses fundamental concerns of the international community at large, and that as such is strongly supported by the vast majority of states, by international organizations and other transnational actors,-- and this is, of course, precisely the case with the biodiversity, climate, and ozone regimes, among others-may indeed create expectations of general compliance, in short such a treaty may come to be seen as reflecting legal standards of general applicability... and as such must be deemed capable of creating rights and obligations both for third states and third organizations." (22)

Laws and Moral Obligations

Just because there are no laws about certain acts, it should not be interpreted to be a free-for-all, do as you please, wild-wild-west playground where the strong and the quick are allowed to prey on the less nimble and the weak.

Laws, rules and regulations cannot be (and we should not expect it to be) so comprehensive that it fully protects against every possible scam or scheme concocted by some clever guy who knows the rules and the loopholes. Clearly, any rule that is comprehensive and complete would be so voluminous that it would be too costly for individuals and businesses to keep tab of and to adhere to. It would be equally costly for the government to ensure compliance.

The Law and Righteousness - Which One?

It's clear that Paul (above) is saying that the Mosaic Law is a spiritual halfway house; it gets us part the way there to the righteousness of God - now in Christ - but not anywhere near the full way.

But the law - Paul has said - is still important, for all the foundations of faith and righteousness come from the law, and certainly from a construct that the law represents. Humanity needs such constructs.

There are volumes and libraries and giant memoirs written to the law and grace and I'm certainly not that keen to add to it all. Notwithstanding, there are schools of thought sharply on either sides of the fence of sense with regard to the law and grace, and surely a happy medium exists. It's not a case of 'either/or' but 'both/and' - both the law and grace are required.

Criminal Law and Corporate Welfare Considered

Any time the government does business with corporate America we see abuses. Sometimes the Corporation takes advantage of the government, and sometimes the government takes advantage of the company. Nevertheless, there is often unscrupulous behavior behind it all. This is a very important area of criminal law, especially when it concerns the public's money. Let's talk about this for a minute.

There was a very interesting article the Wall Street Journal on November 23, 2010 titled "Lawsuits Bring in $3 billion for US," by Evan Perez. Apparently, the US Justice Department has been quite busy filing lawsuits and collecting some of the money back that was defrauded from the US taxpayer. In 2010 they've already collected $3 billion back into the U.S. Treasury against companies who had cheated the government. Luckily for the taxpayer this is a 25% increase according to the article of the money collected from last year.