Thursday, March 19, 2020

buy custom White Collar Criminal essay

buy custom White Collar Criminal essay Introduction This is the paper seeks to look into the high profile white collar criminal, Jeffrey skilling. Skilling was accused of many crimes including fraud, inside trading and crimes that were related to the collapse of Enron Corporation. He was found to be guilty of inside trading, conspiracy, making false statements to auditors and securities fraud. What sentence did Jeffrey Skillings initially receive? Jeffrey Skillings was sentenced to 24 years in prison at the initial sentence. He was sentenced for substantially jeopardizing the safety of a reputable financial institution. However, this was improper since there was no substantial evidence that Enron Corporation was a financial institution. The other initial sentenced that Jeffrey Skilings was sentenced for fraud, inside trading and crimes that were related to the collapse of Enron Corporation. He was sentenced in 2006 and is currently servicing a 24 year sentence for these charges. Jeffrey Skilling was sentenced and convicted on 19 to 28 counts of fraud and inside trading. He was not only sentenced to 24 years in prison but was also ordered to pay $630 million to the Government and a $ 180 fine on the same. A number of other employees pleaded guilty for the crimes committed at Enron Corporation and were found guilty and convicted for the crimes and giving false statements. Was this sentence appropriate for the crime or the harm done? This question has been asked by many people and answered by the same in different aspects but none of them seem to agree on whether or not the sentence was appropriate. Other people were in support of the sentence while others were against the sentence. According to many analyst, this sentence was an exaggeration or too much for such a petty crime. The indictments were basically on the fact that Stilling had probable knowledge of , and was likely involved with the fraudulent transactions with Enron Corporation. He was alleged to have sold shares with inside information on the status of Enron Corporation bankruptcy .Many people including Skillings attorneys protested against the in house court proceedings, citing that it would be an unfair trial but their protests fell on deaf ears. This is because an in house court sitting would not allow maximum media coverage. According to the wall street journal, on 17th June 2006, Skilling claimed that Enrons bankruptcy had affected him immensely to the extent of contemplating to commit suicide, he commented that the indictment had lifted his spirits and got him out of his depression. Many analysts wonder if this was true or simply a way to attract pity from the prosecution and judges. There are many aspects in this case that did not make sense, and many analysts wonder and ask if it was a fair trial. This is because most of Skillings requests were denied, including his request to remain free during the trial. This case was treated so harshly, it was worse that a murder trial. Many questions have emerged and many wonder if there was an underlying reason for such a harsh sentence apart from those that killings was initially accused of. This trial was not fair and the sentence was not appropriate for this crime at all. A sentence of 24 years and four months in prison for conspiracy, inside trading, making false statement to auditors and fraud is on the higher side. It was actually noted as serious frailties which ws not fair. However other analyst believes that this sentence was not enough for the crimes that Skillings committed, they suggest that the correct sentence would have been 35 years for all the 35 counts that he was accused of. They also attributed this sentence to Skillings wrong doing which needed maximum punishment. Jeffrey skilling was proved guilty for these crimes, which he denied being part of. The court proceedings were not fair on Skillings side. It was like attending a court that already knew the verdict before hearing of the case. The Government determined that the ruling was appropriate. Many readers and the people who carefully followed the Skilling case, found Skillings conviction ridiculous , they insisted that the punishment far outweighed the crimes that were committed. Some readers suggested that such a hard punishment was good in order to teach others like Skilling. Others actually thought that the sentence was too light and they suggested that for such a crime Skillings was better off getting a death penalty. However, the question is, does deception and corruption deserve a death penalty? How many people around the world are guilty of deception and corruption? Are they being sentenced for their crimes? Take for example; the politicians who are corrupt and deceptive? Have they ever been sentenced for this crime? It is therefore crystal clear that Skillings did not deserve such a conviction for a crime of corruption and deception. What was the outcome of the sentence in this case? In 2008, Jeffrey Skilling case was reviewed and quite a number of inconsistencies were discovered. The case was therefore reopened. Skillings attorneys argued that even if Skillings committed fraud or illegal financial misconduct, it was for the of purpose saving the company and he never profited from the gains. However, this approach provided a very narrow chance the killings original case ruling to be overturned. Analyst believe that Skillings only chance was to cite a court decision that threw out guilty verdicts of the three bankers that were accused of helping Skillings and Enron Corporation in committing the fraudulent activities. In 2010, the court of appeal finally agreed to listen to Skillings appeal on two controversial cases. The first case was based on the fraud statue title 18 of the United States code, section 1946.The main question that was put forward by Skillings defense team was on whether or not the honest servicerequred the Governments prove that was initially intended to achieve private gain. This simply means that the question was whether or not the Skillings involvement in the fraudulent activities of Enron Corporation was because of a honest service and not for private gain. The second argument was based on the issued on in house judging. The questions was how can we be satisfied that a fair jury was picked when the judge did not follow up when the witness said, am a victim of this crime?The Supreme Court made a ruling that saw the nullification of Skilling honest service fraud conviction. The court found that Skillings conviction had no grounds or justifications on bribe or kick back. The c ase was therefore ordered back to the lower courts for the review of the charges. Skillings defense team was however optimistic that the lower courts would have no option but to overturn the rulings. They were optimistic that soon Jeffrey Skilling would be a free man. That is yet to be seen, many peoplle, analyst and those who are affected by similar cases are patiently awaiting the final ruling of the lower courts. The ruling will defiantly set a precedent on all other similar cases. The case could however, take a turn for the worst if the lower case ruling does not over turn the judgment. In such a case analyst see a scenario that could mean or lead to a reduced charge of 15 to 20 years. Skillings defendants have stated that if this happens, they will be forced to go back to the appeal courts. This means that the sentenced was not completely reversed but was partially reversed on appeal. What is the comparison between the first outcomes of Skilling case to the fate of criminal defendants who were convicted? The United States court of appeal ruling will have a great impact and will greatly affect the fates of criminal defendants who are convicted. The high court will have to address the confusion on whether honest service will apply or will not apply. This case is more likely to be sent back to the circuit courts in order to reconsider. This hones stature argument will probably be used by many defenders and prosecutors on criminals who are convicted on the same grounds. The Supreme Court ruling simply said that the judgment of this case went too far. This could mean freedom for Jeffrey Skilling and many other criminal defendants who have been convicted on similar charges. This ruling has immensely compromised the main tool that is used by many prosecutors to go after corporate officials. However, many people including Skillings lawyers have seen this as a land mark victory. This is case will have a very big impact on other similar cases; the ruling will affect in a big way the rulings in other cases and the fate of criminal defendants who are convicted for the same. This case will end up disturbing and complicating the Governments practice of over criminalizing the conducts of those in the business sector that do not violate any criminal law to deserve such harsh treatments and convictions. The legality of the Skillings case will have an impact on the recipients and the participants in similar cases. In such a case the ruling will aid other rulings of similar nature until sustainable or alternative replacement a ruling is implemented. This ruling will provide information that cannot be obtained elsewhere. And the provisions of the information will guide the other cases to contribute to positive rulings on related fates of criminals who are convicted of the same. Therefore, the outcome of this case will contribute to positive, social and environmental change on the ability of Governments and other policy makers to make more careful decisions on such cases. This can be categorized as cause for supporting other outcomes of such cases. The outcome of this case is an inspiration to all other outcomes of other cases. All other similar cases will need to be assessed on the same level or at higher level but in the same precedent. Conclusion The first time the Jeffrey Skilling case was heard, majority of the newspapers read; Guilty! Guilty! Guilty! Jeffrey Skilling was actually convicted long before the case hearings began. Every one, every newspaper, every Television station convicted him. The deep wounds from the collapse of Enron Corporation affected the employees, the family and the friends of Jeffrey Skilling and continue to do so. His release or trial could release or retrial could cause outrage. Thus the case of Jeffrey Skilling of Enron will continue to draw interest, concern and other many reactions for many days or years to come. Buy custom White Collar Criminal essay

Tuesday, March 3, 2020

The Tudors - The Tudor Dynasty of England

The Tudors - The Tudor Dynasty of England The Tudors are the most famous English royal dynasty, their name remaining at the forefront of European history thanks to films and television. Of course, the Tudors wouldn’t feature in the media without something to grab people’s attention, and the Tudors - Henry VII, his son Henry VIII and his three children Edward VI, Mary, and Elizabeth, only broken by the nine-day rule of Lady Jane Grey - comprise two of England’s most famous monarchs, and three of the most highly regarded, each with plenty of fascinating, sometimes inscrutable, personality. The Tudors are also important for their actions as much as their reputations. They ruled England during the era when Western Europe moved from the medieval to the early modern, and they instituted changes in government administration, the relationship between crown and people, the image of the monarchy and the way people worshiped. They also oversaw a golden age of English writing and exploration. They represent both a golden age (a term still in use as a recent film about Elizabeth I showed) and an era of infamy, one of the most divisive families in Europe. Origins of the Tudors The history of the Tudors can be traced back to the thirteenth century, but their rise to prominence began in the fifteenth. Owen Tudor, a Welsh landowner, fought in the armies of King Henry V of England. When Henry died, Owen married the widow, Catherine of Valois, and then fought in the service of her son, Henry VI. At this time, England became divided by a struggle for the English throne between two dynasties, Lancastrian and York, called The Wars of the Roses. Owen was one of Henry VI’s Lancastrians; after the battle of Mortimer’s Cross, a Yorkist victory, Owen was executed. Taking the Throne Owen’s son, Edmund, was rewarded for his family’s service by being raised to the Earl of Richmond by Henry VI. Crucially for his later family, Edmund married Margaret Beaufort, great-granddaughter of John of Gaunt, son of King Edward III, a tenuous but vital claim to the throne. Edmund’s only child Henry Tudor  led a rebellion against King Richard III and defeated him at Bosworth Field, taking the throne himself as a descendant of Edward III. Henry, now Henry VII, married the heir to the House of York, effectively ending the Wars of the Roses. There would be other rebels, but Henry stayed secure. Henry VII Having defeated Richard III at the Battle of Bosworth Field, gained parliamentary approval and married a member of his rival family, Henry was crowned king. He took part in diplomatic negotiations to secure his position, making agreements at both home and abroad, before instituting a reform of government, increasing royal administrative control and improving the royal finances. On his death, he left a stable kingdom and a wealthy monarchy. He had fought hard politically to establish himself and his family against the doubters and bring England together behind him. He has to go down as a major success but one totally overshadowed by his son and grandchildren. Henry VIII The most famous English monarch of all, Henry VIII is best known for his six wives, the result of a desperate drive to produce healthy male heirs to carry the Tudor dynasty forward. Another consequence of this need was the English Reformation, as Henry split the English Church away from the Pope and Catholicism in order to divorce. Henry’s reign also saw the emergence of the Royal Navy as a powerful force, changes in government which bound the monarch tighter to parliament, and perhaps the apogee of personal rule in England. He was succeeded by his only surviving son, Edward VI. Its the wives that capture the headlines, particularly as two were executed and the religious developments divided England for centuries, leading to a question that just cannot be agreed upon: was Henry VIII a tyrant, a great leader, or somehow both? Edward VI The son which Henry VI much desired, Edward inherited the throne as a boy and died only six years later, his reign having been dominated by two ruling councilors, Edward Seymour, and then John Dudley. They carried on the Protestant Reformation, but Edward’s strong Protestant faith has led to speculation he’d have carried things further if he had lived. He is the great unknown in English history and could have changed the future of the nation in remarkable ways, such was the era. Lady Jane Grey Lady Jane Grey is the great tragic figure of the Tudor era. Thanks to the machinations of John Dudley, Edward VI was initially succeeded by Lady Jane Grey, fifteen-year-old great-granddaughter of Henry VII and devout Protestant. However, Mary, although Catholic, had far greater support, and Lady Jane’s supporters swiftly changed their allegiances. She was executed in 1554, having done little personally beyond being used by others as a figurehead. Mary I Mary was the first queen to rule England in her own right. A pawn of potential marriage alliances in her youth, although none came to fruition, she was also declared illegitimate when her father, Henry VIII, divorced her mother Catherine, and was only later brought back into the succession. On taking the throne, Mary took part in an unpopular marriage to Philip II of Spain and returned England to the Catholic faith. Her actions in bringing back the heresy laws and executing 300 Protestants earned her the nickname Bloody Mary. But Marys life isnt just a tale of religious killing. She was desperate for an heir, resulting in a false but very advanced pregnancy, and as a woman fighting to rule a nation, broke the barriers Elizabeth later walked through. Historians are now assessing Mary in a new light. Elizabeth I Henry VIII’s youngest daughter, Elizabeth survived the plotting which threatened Mary, and which, in turn, cast doubt on the young princess, to become Queen of England when she might have been executed. One of the nation’s most highly regarded monarchs, Elizabeth returned the country to the Protestant faith, fought wars against Spain and Spanish-backed forces to protect England and other Protestant nations, and cultivated a powerful image of herself as a virgin queen wedded to her nation. She remains masked to historians, her true feelings and thoughts hidden away. Her reputation as a great ruler is faulty, as she relied far more on dithering and her inbuilt difficulty in making decisions than canny judgment.​ End of the Tudor Dynasty None of Henry VIII’s children had any lasting offspring of their own, and when Elizabeth I died, she was the last of the Tudor monarchs; she was followed by James Stuart from Scotland, the first of the Stuart dynasty and a descendant of Henry VIII’s eldest sister, Margaret. The Tudors passed into history. And yet they have enjoyed a considerable afterlife, and remain among the most famous monarchs in the world.