Business law Case Sturdy Questions
Identify the various crimes that BMF Entertainment, Inc. and/ or its officers, directors etc. were alleged to have committed.
The officers were found in possession of Cocaine, marijuana and over a million dollars in cash i.e. money laundering and black market operations. BMF entertainment was alleged to have facilitated the transactions via its entertainment label. The other crimes can found in the RICO statute that defines a broad range of racketeering activities.
- Could the Corporation be held liable for the crimes committed by its officers, directors etc. Why or why not.
Yes. The Corporation is vicariously liable for the offences committed by its agents if they were acting as the agents of the corporation. But the criminal nature of the offences makes them also to be personally criminally liable.
- Would the Rico Statute apply to this situation? Why or Why not.
Yes it would have applied as the nature of the crimes committed are defined under these provision but the BMF case was very secretive that gathering evidence needed much more than the RICO statute. The fourth amended had to be amended to include the evidence needed to prosecute the BMF bosses.
- Discuss how the issue of legal immunity relates to this situation.
The legal immunity protects the right of privacy for the defendants. The wire taps were acquired illegally hence they cannot be used in a court of law. As the evidence was acquired under an illegality the law provides immunity from prosecution using evidence obtained illegally. If the initial federal prosecution fails to provide enough evidence to secure conviction the the defendant is immune from the same trial of the same offence. (Donofrio, 1993)
5 The Fourth Amendment is part of the US constitution Bill of Rights that outlaws unreasonable searches, wire tapping or other seizures without any warrants. All the evidence acquired under an illegality in this section is not admissible in a court of law unless authorized by a judge. Instances like illegal wire tapping cannot be used as evidence in a court of law against the BMF entertainment unless this provision that requires consent from the parties involved and authorized searches and warrants are amended to include such evidence obtained without consent that also allows the invasion of privacy i.e. The constitution guarantees the protection of one’s privacy that should not be compromised. Unless this provision is amended then the evidence gathered secretly such wire tapping are illegal and can’t be used as evidence or obtained for any purpose.
- BMF is a body corporate it’s different from its own directors. No. but there must be proof of new evidence and additional charges to prosecute the case again. The federal prosecutor can prosecute the officers on any charges provided there is sufficient evidence or proof that the offences are different. (Donofrio, 1993) The double jeopardy applies where the prosecution lost the case to reasons of their inadequacy or incompetence or lack of evidence and case failed to convict the defender. The defender is protected from being prosecuted on the basis of the same case.
- They were all seized by the state. They now belong to the US government. The assets acquired under prosecution relating to the provisions of the RICO statutes revert to the state upon successful convictions of the suspects.
Reference
Donofrio, A. J. (1993). “The Double Jeopardy Clause of the Fifth Amendment: The Supreme
Court’s Cursory Treatment of Underlying Conduct in Successive Prosecutions”. Journal of Criminal Law and Criminology 83 (4): 773–803. doi:10.2307/1143871.
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