Strayer University Lithonia Campus Guilty of Business Crimes DiscussionSchool

Strayer University Lithonia Campus Guilty of Business Crimes DiscussionSchool

Strayer University Lithonia Campus Guilty of Business Crimes DiscussionSchool

Strayer University Lithonia

Question Description

Discuss the following(must be at least 500 words):

  • Refer to the Chapter 8 textbook reading. Who can be found guilty of business crime and what is the key to establishing criminal liability? Using the Internet, research and post an example of a business crime committed in the last two years and any and all who were held criminally liable. (See the examples of types of business crimes in the chapter reading.) Include your source for information in your answer.
  • When it comes to crime and privacy protection in the workplace, do private employees have a reasonable expectation of privacy? What about public employees? Why or why not? What is the test for the tort of invasion of privacy? If management’s interest is to make sure its employees are productive, can management monitor computers, workstations, phones, et cetera? Why or why not?

Respond to the following peer posting:

Those that can be found guilty of a business crime are those that participate in the crime such as the employeeand/or those managers/executives that authorize the employee to commit the crime, failed to prevent or stop the crime from being performed and/or simply knowing about the crime and taking no action. Showing personal knowledge of wrongdoing is the key to establishing criminal liability.

An example of a business crime occurred when a Peruvian call center attempted telemarketing fraud against U.S customers. Peruvian representatives attempted to extort money via telemarketing scams by advising customers of harsh penalties if they didn’t pay. The organizer of the crime, along with two co-conspirators were found guilty.

Peruvian Call Center Operator Pleads Guilty to Fraud and Attempted Extortion in Telemarketing Scam

United States v. Francesco Guerra
Press release
Docket Number: 15-cr-20471 (S.D. Fla.)

On May 1, 2020, Francesco Guerra pleaded guilty to conspiracy, mail fraud, wire fraud, and attempted extortion in connection with his supervision of call centers in Peru that threatened consumers across the United States into paying fraudulent settlements for nonexistent debts. As part of his guilty plea, Guerra admitted that he and others at the call centers falsely claimed to be attorneys or government representatives. The callers falsely claimed that victims owed thousands of dollars after failing to pay for or receive a delivery of products. The callers threatened victims with negative credit scores, imprisonment, deportation, or seized property if they refused to immediately pay “settlement fees.” Guerra and two co-defendants were arrested in Peru and extradited in 2019. U.S. District Judge Robert N. Scola sentenced one of Guerra’s co-defendants to 88 months’ imprisonment in March.

No Author.Deceptive Trade Practices and Telemarketing Fraud. https://www.justice.gov/civil/current-and-recent-cases

2. When it comes to privacy protection in the workplace, I believe all employees (public or private) have a reasonable expectation of privacy because the employees expect the employer to any personal details about them private (ie. confidential information housed within HR) or their personal possessions they would have at the workplace. For instance, my expectation would be that my purse which contains my personal belongings and I carry to work would be considered apart of my expectation of privacy.

On the flip side of things, any use of employer property like computers, copiers, phones, etc do not hold an expectation of privacy by the employee. Typically, most employers will outline in the employee agreement (which is signed by both parties at hiring) that they have the right to access your usage on company property. Also because of this agreement, managers do have the right to monitor employees’ computers, phones, etc. Ways to test for the tort of invasion of privacy is to ask: is it an invasion into the person’s private information, is it unauthorized and being used for some other benefit and is it a disclosure of a person’s private information.

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