Introduction
The law is a unique tool created to control people, protect them, guarantee that no harm is done to individuals, and avoid anarchy or the rule of force. At the same time, there are business laws designed to deal with business issues that might emerge when companies, organizations, or individuals interact. The major goal of such regulations is to control the existing contracts, guarantee that fair practices are used, and avoid fraud, inappropriate actions, and other unethical practices. The given report focuses on the investigation of bribery in the USA, forgery in the UK, and the concept of false pretenses in the United States. At the same time, there is an explanation of how the courts in the UAE work and provide their services.
Bribery in the United States of America
Starting the discussion, it is vital to admit that bribery is a severe crime in the USA because of the substantial harm done to organizations and individuals. The complexity of every case depends on who is bribed and the purpose of this action. For instance, bribing a public officer in the USA is covered by 18 U.S.C. § 201 and presupposes specific punishment to parties who are viewed as guilty (“18 U.S. Code § 201,” n.d.). Additionally, there is also a case of bribery presupposing the involvement of U.S. citizens and foreign government officials to promote some personal interests and acquire benefits. Such situations are analyzed by using the Foreign Corrupt Practices Act of 1977, which regulates this sort of relations (The United States Department of Justice, 2017). Both these actions are viewed as illegal in the USA and involve severe responses from the government and punishments.
Examples of Bribery in the USA
There are some examples of bribery in the USA which can be used for the investigation. For instance, the case of Kellogg Brown & Root revolved around the claim from the U.S. Department of Justice that the company paid millions of dollars to officials in Nigeria to secure a natural gas plant construction contract and acquire multiple benefits from it (The United States Department of Justice, 2009). In accordance with FCPA, such actions are viewed as illegal and should be provided with appropriate punishment (The United States Department of Justice, 2009). The investigation of the case showed that the company was involved in such unfair and unethical schemes to remain the most significant player in the region. Under these conditions, it had to pay $402 million, while its CEO Stanley was sentenced to 2.5 years in prison (The United States Department of Justice, 2009).
Another example of bribery revolves around the Cunningham scandal. The case presupposed the involvement of defense contractors, which paid significant bribers to members of Congress and other officials in the U.S. Defense Department with the primary goal of acquiring a beneficial position and some political favors (Archibold, 2006). The given sums were provided to Duke Cunningham, who guaranteed various federal contracts. The investigation proved his guild and showed that the public officer acquired about $2.3 million in bribes (Archibold, 2006). As a result, substantial harm was done to the Defense sector, and other companies were excluded from the cooperation. Cunningham was pleaded guilty and sentenced to eight years in accordance with the law (Archibold, 2006). The case demonstrates the severity of regulations related to bribery in the USA and, at the same, the nature of this crime.
Forgery in the United Kingdom
Forgery is another serious crime that is considered by the laws of different nations. In the United Kingdom, there is the Forgery and Counterfeiting Act of 1981 which is introduced to deal with this sort of illegal actions and analyze different cases (“Forgery and Counterfeiting Act 1981,” n.d.). The given document defines forgery as the act of making a false object or instrument and its further use to induce another party to view it as genuine (“Forgery and Counterfeiting Act 1981,” n.d.). In such a way, malefactors can forge money, stamps, certificates, paintings, important papers, and other documents that can be sold or used to confuse an individual and count for some benefits. If a person is found guilty, in accordance with the UK laws, he/she should pay fines or might become imprisoned for different terms regarding the severity of the crime.
Cases of Forgery in the UK
One of the cases selected for the analysis presupposes the forgery of a signature. Thus, a former British Army officer managed to forge the signature of his wife on bank documents to claim 220,000 to afford education for his children (“Army officer in fraud case,” 2013). Regardless of the purpose of this act, the court analyzed the evidence and came to the conclusion that Robert Henry Jolleys committed a serious crime by intentionally deceiving banking institutions and forging the signature of his wife (“Army officer in fraud case,” 2013). The case demonstrates that forgery is a common practice that can be used not only by criminals; however, common people in everyday life can employ this practice to count for different benefits of hoping for the improvement of their financial status.
Another case of forgery revolves around the sphere of art. John Myatt used styles of famous artists to create original works and sell them as genuine works from the 19th and 20th centuries (Sims, 2019). In such a way, he started to copy well-known authors and painted about 200 forgeries in a regular schedule to sell them to clients in different locations or through auction houses (Sims, 2019). The artist was arrested and confessed that he earned about ÂŁ275,000; however, the total damage can be evaluated at about $25 million (Sims, 2019). Myatt was sentenced to one year in prison and had to compensate. In such a way, the case demonstrates that forgery can be observed in different spheres of human activity, and laws are needed to regulate it and preserve the value of genuine objects or works.
False Pretenses in the United States
Another example of unethical and illegal actions performed by individuals for different purposes is a false pretense. The term can be defined as a purposive attempt to deceive an individual to acquire money, chattel, or other values providing false information (“False pretenses,” n.d.). The laws of the USA consider false pretenses a crime that is covered the current code under Title 18, sections 1001 to 1040 (“False pretenses,” n.d.). There are different forms of false pretenses presupposing filling the incorrect information, providing fake data, or using incredible evidence to acquire an advantage that cannot be generated in legal ways. The punishment for the crime presupposes imprisonment or other penalties depending on the severity of the case and harm done to other parties.
Cases of False Pretenses in the USA
Norbert Michalski’s case can be considered an example of false pretenses. The man assured people that his daughter was kidnapped by her mother (“Year in jail for fake kidnap scheme,”1999). Using this statement, he asked people to provide him the ransom money to free the girl and help her. However, the investigation showed that there was no case of kidnapping, and Michalski was informed about it. Instead, he decided to use the fact that his daughter was taken into protective custody to generate additional money and benefit from it. He was pleaded guilty and provided with the appropriate punishment (“Year in jail for fake kidnap scheme,”1999). The case shows how people can use the information to manipulate other individuals and use them for different purposes. At the same time, it proves the diversity of false pretenses and their topicality in modern society.
Another example revolves around withholding relevant information and providing a false one. Christopher Gayhart, a former police lieutenant, was accused of obtaining money by false pretenses as he did not document his time off on his pay sheet in the period between July 2009 and July 2010 (“Former OKC police officer pleads guilty,” 2012). However, he experienced better divorce and insisted on the fact that there were no intentions to use this case to acquire benefits (“Former OKC police officer pleads guilty,” 2012). In accordance with the plea agreement, Gayhart had to return about $5,000, and he agreed to a six-year deferred sentence (“Former OKC police officer pleads guilty,” 2012). In such a way, there are also examples when the nature of false pretenses is doubtful, and the court has to consider all existing arguments to determine whether the harm was done intentionally or not.
Criminal Court in the UAE
The UAE has a developed legal system that functions in accordance with the existing regulations and laws. Any process starts with the commencement of the action and filling a complaint (Khedr, 2018). The next two weeks are devoted to hearing witnesses by the prosecutor and disputes whether there is a need for a trial or not. All participants can hire attorneys to represent them during the process. In the UAE, all people are considered innocent until the final decision of the court (Khedr, 2018). All trials can be monitored by other persons and visited by the public. Regarding the severity of the case, the court might choose among penalties, imprisonment, and execution as an appropriate response to a crime (Khedr, 2018).
The Court of the First Instance deals with the cases for the first time and has the authority to determine civil, labor, commercial, or administrative lawsuits (Khedr, 2018). The major task of the court is to analyze the claims of all parties, evaluate the credibility of provided documents, and resolve some disputable issues between individuals involved in the process. In general, it can be viewed as a first degree of the process of how a person can be charged before a criminal court, and its functioning is a vital part of the whole legislative systems of the UAE.
At the same time, any person has the right to make an appeal and ask for additional investigation. For this reason, there is the court of appeal acting as a second degree and hearing requests from parties involved in a process. In accordance with the UAE laws, all claims and appeals should be provided within 30 days; otherwise, they will not be considered by the court, and a person will have to accept the ruling of the court of the first instance (Khedr, 2018).
Another level of the UAE legal system is represented by the court of cassation, which considers and determines the correctness of the decisions made by judges in the court of appeal. If there is credible evidence showing that the sentence is incorrect or irrelevant, any party can appeal to the court of cassation to reconsider the penalty and defend its position (Khedr, 2018). The existence of this body guarantees the right for justice for all citizens of the UAE and helps to protect them from biased solutions.
Finally, the UAE has its Federal Supreme Court in Abu Dhabi. Its authority presupposes the ability to consider appeals for all the Emirates and provide its own judgments (Khedr, 2018). It is possible to conclude that any person who is accused of a certain crime has a right to an attorney and can appeal for the reconsideration of the decision of courts of lower levels. The existence of such a developed system ensures that citizens of the state will feel protected and benefit from the existing legal system.
Conclusion
In such a way, the analysis of the business law and the issues covered by it show that these regulations are vital for the improved functioning of the society. Bribery or forgery are serious crimes that might precondition serious damage to individuals or organizations, and the existence of effective mechanisms to manage such cases is vital for the further evolution of society. The analysis of these cases also shows that there are different forms of unethical or unfair behaviors, and they can occur in all spheres of human activity. Finally, the paper outlines the procedures in the UAE associated with criminal investigation.
References
18 U.S. Code § 201.Bribery of public officials and witnesses. (n.d.). 2020, Web.
Archibold, R. (2006). Ex-Congressman gets 8-year term in bribery case. The New York Times. Web.
Army officer in fraud case ‘forged wife’s signature’. (2013). BBC News. Web.
False pretenses. (n.d.). 2020, Web.
Forgery and Counterfeiting Act 1981. (n.d.). 2020, Web.
Former OKC police officer pleads guilty in false pretenses case. (2012). News9. Web.
Khedr, A. (2018). Overview of United Arab Emirates legal system. Hauser Global Law School Program. Web.
Sims, J. (2019). Art fakes, fraud and forgery: John Myatt and John Drewe’s con on the art world. Esquire. Web.
The United States Department of Justice. (2009). Kellogg Brown & Root LLC pleads guilty to foreign bribery charges and agrees to pay $402 million criminal fine. The United States Department of Justice. Web.
The United States Department of Justice. (2017). Foreign Corrupt Practices Act. The United States Department of Justice. Web.
Year in jail for fake kidnap scheme. (1999). ApNews. Web.