Unit-2 International Corporate Crime Assignment
The rules and regulations mentioned in the Tort law supports in addressing the punishment that need to be gained for committing corporate offence. The criminal activities of various firms aids in addressing the involvement of the agents, stakeholders or staffs in the corporation. The inclusion of corporate law is effective for controlling the business performance of the enterprise. It enables the firm to address the illegal acts performed by the employees of the firm thataffect the business reputation. The involvement of the common law is effective for making the staffs of the enterprise liable for the actionperformed by them. The unethical activities of the enterprise influences their business operation in both direct and indirect manner. It is observed that the consumers and different stakeholders are at the highest risk of getting affected by the corporate crime of the enterprise. Employees can be both victim andprotagonist of the corporate crime(Whyte, 2014). The criminal activities of the corporation also creates an adverse impact on thefunction of local authority. The stakeholder of the firm can also be influencedby theillegal job performance of the multinational corporation.Different types of criminal offences can be performed by corporate official that influence the social and environmental balance. Bribery is one of the significant white collar crime that is performed by the corporate officials to facilitate the business operation in national and international market. The case example of Rolls Royce can be mentioned in the current situation. The engineers of the firm are accused of offering large amount of bribe to the international firms in order to dissolve the thwart probes that influences their business operation.
The incident of releasing waste products of the factorycreates environmental pollution in the environment. The emission of water and other chemical products by the manufacturing company leads to create an adverse impact on the ecological balance. The legal fight between the Clean Erath and the government of UK can be, mentioned in this context. It supports in addressing the necessary of takingproper steps for controlling the air pollution that affects the ecosystem. The existence of monetary frauds in the business operation of the enterprise also enhances the scope of corporate crime. The recent survey supports in identifying the banks scamps that influence the functioning of the account holder in recent time. The banks fail to provide refunds and suggests them to take help of the Action Fraud which is known as the reportingcentre of cybercrime(Telegraph.co.uk, 2017). Tax fraud is another corporate crime that creates an adverse impact on the society. The tax avoidance incident of Starbucks can also be mentioned that supports in addressing the necessary unethical steps taken by the enterprise to pay less tax amount in the recent financial year. The involvement of the avoidance scheme enables the higher authority of Starbucks to pay less tax amount that influences their profit margin. The professional can also perform the white collar crime for gaining their personal as well as professional objectives. The higher authority of the corporation cab neb ignorant of the matter(Gounev & Ruggiero, 2012). However, the illegal activity of a professional can also create an adverseimpact on the business growth of the firm. It creates a negative example in front of other workers that influences the business performance of the corporation.
Corporate crime supports in understanding the situation in which the managers commit severe offences for facilitating the business function. Different corporate crimes can also be considered as occupational crimes. However, in case of occupational crime, the workers commits some illegal activities against the business firm or the customer in order to gain their benefits. The intention of the individual or the company needs to be addressed inanalysing the corporate crime. Different theories of criminology focus on addressing the criminalbehaviour of the individuals thatinfluences their criminal activities in the corporation. The implementation of effective theories and models is effective for addressing criminal organisational behaviour that influences the business function. The analysis of the white collar crime theory supports in understandingthe fact thatwhile collar crime is extensive in range and the corporate crime can be included in the white collar crime. The discussion of corporate crime supports in addressing the involvement of high class people for availing financial profit(Stanley & McCulloch, 2012). The engagement of white collar crime such as money laundering or forgery creates an adverse impact on the reputation of the business firm. The illegal business activities of the frim creates a negative impression on their stakeholders that affects the business function. Corporate crime of multinational companies also influences their socio-economic condition. Different social injurious acts of the enterprise that harms the environmentalbalance can also be considered as corporate crime.
The concept of state corporate crime can also be mentioned in the present situation. It supports in defining the crimes that are committed against policies and procedures of the state government. UK government focuses on introducing various laws that assists different firms to explore their business operation efficiently(Del Mar, 2016). Lack of supportive policies might resist the corporation to improve their business function in proper direction. It wouldresist the encomia development of the society. The case example of Volkswagen’s emission scandalcan be discussed in this context. Here, the car manufacturing company has releasedharmful chemical productwithouttakingpermission of the UK government(Telegraph.co.uk, 2017). It creates an adverse impact on the environmentalstability and ecological balance of the society. The conglomerate fails to keep the policies and procedure mentioned by the state government to facilitate the business operation. The inclusion of effective law might be beneficial for improving the business performance of the corporation. Capitalistic states also lacks in enforcingenvironmental law in fear of losingprofitabilityin the business function of multinational organisations. Corporate crime can also be considered as organised crime due to some similarities visible in them. The aim of both these crimes is to gain financial profit for the unlawful acts performed by the infidel involved in it. However, corporate crime is more structure that supports in achieving the desired objectives in short period of time(Tombs & Whyte, 2015). The casescenario of Ivory Coast can be mentioned for identifying the impact of the state corporate crime on the present social condition.
Corporate liability supports in addressing the roles and responsibilities of the enterprise and the person working in it. The norms and conditions of the corporate liability system supports in addressing the fact the illegal activities of the employees within the workplace makes the organisation legally liable. The financial benefit derives from the illegal activities of the staffs also enhances the legal liability of the workers. The unethical activities of the enterprise that generates an adverse impact on the corporate policy is also considered as corporate crime(Baumann & Friehe, 2016). The reckless attitude of the staffs regarding the corporate policies also leads to bring the firm against the charges of corporate crime. The illegal activities of the workers also puts the higherauthority of the enterprise under the question of criminal liability. The case study of Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003)can be discussed in the current situation. The present trademark case is effective for addressing the liability of the corporation in case of the involvement of the workers in some illegal business operation. Here, the sales manager refutes to release famous films in different movie houses due to their inactiveness in booking less famous films. Despite of the inclusion of corporate policy, the illegal step of the sales manage also brings charges against the business function of the enterprise. The body of the corporation is made up of some agents that aids in facilitating the business function(Del Mar, 2016). Therefore, the activities of staffsbeyondthe range of legal policies also leads to bring charges against the firm for committing corporate crime. The violation of expressed instructions by the individual also makes the organisation liable for corporate crime.
The individuals who are engaged in the enterprise is also liable for various criminal activities. The section 70 of the Money Laundering Act (2002) is beneficial for addressing theliability of the individuals in the corporate crime of the multinational enterprises. The statutoryprovision of law supports in understanding the fact that higher authorityoff the enterprise is liable vicariously(Gounev & Ruggiero, 2012). The corporate crime performed the by the individual of the corporation creates an adverse impact on the society. The increasing ratio of illegal business operation enhances the risk of air, water and sound pollution in the society. Exclusion of different chemical products aids in increasing the chances of air pollution that affects the health status of people living in the society. On other hand, the use of excessive chemical products also increases the chances of air pollution in the current situation. The ignorance of safety policies leads to create an adverse impact on the heat and wellbeing of the people living in the society.