Corporate Criminal Liability

3. Is the donation to the charity a violation of the FCPA?

Considering the case facts, the donation to the charity in itself is not a violation. However, the transaction agreement indirectly shows some acts of bribery to the president. The price controls companies would have in Venezuelan tobacco causes a lot of concern. Bribery exchange with the intention of corrupting to receive business benefits is prohibited by FCPA (Persons, 2020). In the Lamb v Philip Morris case, the Sixth Circuit decided against interfering with their private right action, thus leading to an inappropriate decision. Including a private right of action in the FCPA has its own implications.

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7. Which law applies? Why?

The United States applied Sovereign Immunity to honor the Smith & Smith clause. As per the law, jurisdiction over its inside operations is dealt with by every nation, including laws and individuals. If a nation wants to limit its jurisdiction, then assent will be needed for the motion to proceed. In this case, Smith & Smith can be sued by Volkswagen on the basis of the Foreign Sovereign Immunities Act. “A party to a lawsuit, including a foreign state or its agency or instrumentality, is required to present defenses such as sovereign immunity directly to the court in which the case is pending” (Travel. State.Gov, 2018). A system crash in Smith & Smith is the reason for the data structure expenses.

10. Should the case be dismissed against both?

The case of Kuwait's government ought to be dismissed based on the absence of proofdependent on any political clash involving the Kuwaiti Ministry of Defense. The Act of Doctrine provisions do not cover actions clear of the wrongdoing of conflicts over government positions. Furthermore, the extent of Al-Uneizi’s employment excludes rape or assault. Al-Unezi acted exclusively on his expectations and individual gain. The Foreign Sovereign Immunities Act gives the court an obligation to excuse cases that lack jurisdiction. Al-Unezi ought not to have been excused since rape is a serious offense.

5. How would you advise these contractors? When is an owner criminally liable for actions and work conducted by employees?

There are various factors at play when it comes to criminal liability on job accidents. Problems emerge when one neglects safety concerns, fails to act as per the law, or engages in any issue that may cause an accident irrespective of the seriousness of the accident. Burton (2014) points out that an organization is criminally liable for the federal crimes committed by its employees or agents in its interest. It is clear from this case study that Mr. Lattarulo ignored major work condition concerns, violated city codes, and failed to hire a consultant. His failure to comply with the regulations and practices required for a safe working environment makes him criminally liable.

My advice to contractors is that they should not cut corners to save money but abide by the city rules. Contractors should always seek to promote the safety of their employees by eliminating all the safety concerns (Travel.State.Gov, 2018). An employer is liable for the action of his employee; he or she authorized it, knew of the misconduct but did not make any effort to correct it, or failed to act reasonably during his supervisory role.

Article picked:

Harvard Business Review (2019). Global tax regulation is due for an overhaul https://hbr.org/sponsored/2019/02/global-tax-regulation-is-due-for-an-overhaul

The article argues that the ongoing automation of traditional manufacturing and industrial practices through the use of modern technology has changed the pace at which investment decisions are made. Thus, tax regulators and business leaders must have a significant understanding of how to develop and implement regulation and strategic growth plans while coordinating with the governments to come up with global solutions. Tax regulations need to be developed to match today's complexities in direct, indirect, and employment taxes.

References

Burton, B.P. (2014). Corporate Criminal Liability: Federal Law and Prosecutorial Discretion Issues. Nova Science Publishers, Inc.

Harvard Business Review (2019). Global tax regulation is due for an overhaul https://hbr.org/sponsored/2019/02/global-tax-regulation-is-due-for-an-overhaul Persons, O.S. (2020). Corporate Governance Characteristics of FCPA Violators. Journal of Forensic and Investigative Accounting, 12(1). https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicialasst/Service-of-Process/Foreign-Sovereign-Immunities-Act.html

Travel.State.Gov (2018). Foreign Sovereign Immunities Act.