International Fraud and Ethics Essay
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
International Fraud and Ethics Essay
International, Fraud, Ethics, Essay
A law that was enacted 35 years ago could still be active today because it can yet be applied retroactively, meaning that a court of law can contemplate on past cases and how they were dealt. The law might be used in today’s cases, but the judge can change the punishment that was prescribed to such crimes in the past (Burnaby et al. 2015).
The judge has the right to extend or shorten the sentence or add new penalties according to the crime he has applied a proactive law. Retroactive laws can also be used to decriminalize particular action that was considered to be a crime in the past rather than defining them as criminal acts and therefore enables a judge to prohibit the prosecution of individuals (Cleveland et al 2019).
A judge can use retroactive laws to prohibit prosecution or change the terms of punishment of people or organizations that have been prosecuted. The action of making payments to a militant group as Chiquita Banana was doing falls under FCPA because the activity includes the collection and consultation of information related to the national security and prevented system (Burnaby et al. 2015).
The act is a Sentinel project, which oversees international traffic, in addition to the Interpol database. Thus, the competence and performance of the Federal Police in combating international terrorism on foreign soil is divided by the performance of its various internal bodies, such as the Directorate of Judicial Police (Brewster, 2017).
The activity can cause stress to the Antiterrorism Division, the General Coordination of Maritime, Airport and Border Police, the General Coordination of Public and Social Order (Cleveland et al 2019). The FCPA is responsible for investigations and police investigations of crimes for acts of terrorism), the General Coordination for Combating Organized Crime and Special Investigations and the General Coordination of the Tactical Operations Command (Burnaby et al. 2015).
This situation, according to the author, created operation and control structures that are more difficult to monitor and regulate than in the period when finances were managed locally (Brewster, 2017). Its adequacy relies upon a coordinated exertion by the Member States through trades between Intelligence Agencies and Financial Intelligence Units added to the intrigue and backing of governments in distinguishing their starting point and goals (Burnaby et al. 2015).
This collaboration is created with the cooperation of organizations connected to the national and universal money related framework, considered the most touchy and powerless against control, giving information and data on monetary exchanges over specific qualities, which will be the object of investigation.
Be that as it may, the expansion in the opportunities for covering unlawful budgetary assets was made conceivable by the worldwide market itself. As indicated by Burnaby et al. (2015), nations opened their economies, deregulated fiscal frameworks and permitted residential money related frameworks, business and investment banks, stock exchanges, brokerage agencies, to join partners in other countries and, even, invest in each other.
Some of the fallout for Chiquita Banana includes internally or domestic and it is similar to the method used by transnational criminal organizations and mafias. These resources are generated from the compulsory taxation of the populace and organizations, ransoms paid in kidnappings of individuals and pontoons (Cleveland et al 2019).
The benefits acquired in the exchange and medication dealing, for example, the offer of opium in Afghanistan, which supports the Taliban circumstance which involves more noteworthy hard identifying since cash courses in kind. Burnaby et al. (2015) includes, still, voluntary commitments from private sympathizers, from transient networks in diaspora and social and strict associations, in the last case, bound to magnanimity (Brewster, 2017).
A customary practice between bunches is to move cash between them, particularly when lines of account are identified and cut by budgetary knowledge offices and other worldwide bodies (Burnaby et al. 2015). However, the obligation to criminalize this conduct at the international level would arise, for the first time, in addition to the derogation from bank secrecy.
Companies should have a uniform global Code of conduct policies to ensure that the same principles guide their overseas operations as those of in their headquarter country. Within an environment and work we are always called to behave in a manner consistent with the company’s profile and with respect for the rights of others (Cleveland et al 2019).
Although much of the stance to be adopted when acting professionally may seem like common sense, the pattern expected by the company may not be so visible. Specific actions may conflict with the organization’s mission or the image it wishes to convey, or even create legal problems.
To resolve these and other issues, there are codes of conduct, also often referred to as codes of ethics (Burnaby et al. 2015). Code of conduct is a document that seeks to establish guidelines for behavior and action for employees (internal and external) and representatives of a company.
It works as an internal standard, which aligns the organization’s ethical and objective values and emphasizes the laws and regulations applicable to the business. This Code guides the company’s expectations regarding the behaviour of its employees, subcontractors and representatives, inside and outside its facilities.
The global Code of conduct should be implemented globally, and the company’s officials should ensure that it is being implemented in all their overseas locations (Arthurs, 2019). The Code of ethics and compliance is too important, and it is the role of lawyers to understand this process since they can guide their clients on the subject.
This is justified by the fact that a company’s reputation and image are directly related to its permanence in the market, as consumers or customers pay attention to these details. Despite this, many people do not understand what the subject is about (Arthurs, 2019).
That was the motivating factor for us to develop this post, which will talk about the importance of the Code of ethical conduct for a compliance plan. Compliance companies tend to attract more customers and stand out from the competition. The concern to keep the practices within what is stipulated gives a more robust image to consumers.
Values such as ethical concern and sustainable consumption are also important and taken into account by the general public when choosing a brand or company (Arthurs, 2019). The organizational culture has a substantial impact on the behaviour of employees, who start to act with more integrity in organizations that value this aspect in their activities and relationships. Research shows that companies that care about global compliance have higher levels of employee satisfaction and loyalty.
Companies should have specific global policies regarding payments, gifts, entertainment, and other related matters to ensure that all their operations are regulated and also to avoid possible cases of corruption (Arthurs, 2019). The Companies’ Conduct Committees are executive committees and must have as members of the company’s CEO and those responsible for the Legal, Compliance, Human Resources and other areas as needed.
In the case of matters involving members of the executive board, it is the Committee’s responsibility to refer them to the Board of Directors, guaranteeing independence in the process at all times (Arthurs, 2019). Failure to comply with the Codes is inappropriate conduct, seen as a serious matter that must be reported and addressed and which can lead to disciplinary action.
The existence of rules, policies and procedures is an essential condition for ensuring continuity. Taking care that they are followed at all times is everyone’s responsibility. Non-compliance with Votorantim’s rules and rules are not tolerated and are subject to punishment (Arthurs, 2019). Corrective measures will depend on the severity of the breach and other relevant circumstances.
To maintain alignment between the Companies, the jurisprudence linked to the process of applying disciplinary measures should be discussed among the members of the Companies’ Committees with the assistance of the Compliance and Ethics Line teams (Arthurs, 2019). Knowing the Committee’s mission and responsibilities and the practices and attitudes required in this Code can contribute to ensuring that such practices are followed and respected.
Whenever they identify a doubtful posture, they try to help colleagues. In the case of identification of inappropriate practice, staff should talk to your immediate superior, your manager or contact the Ethics Line (Cleveland et al 2019). All reports and issues exposed in the Ethics Line go through an analysis process that seeks all available data.
Some cases may take longer to investigate than others. For privacy reasons, Companies’ Committees cannot always keep staff updated on the exact outcome of an issue raised (Arthurs, 2019). However, if after some time, they feel that the matter has not been appropriately addressed, they should contact the management again to check the progress of the staff’s question.
Arthurs, H. W. (2019). A global code of legal ethics for the transnational legal field. Legal Ethics, 2(1), 59-69.
Brewster, R. (2017). Enforcing the FCPA: International resonance and domestic strategy. Virginia Law Review, 11-22.
Burnaby, P., Hass, S., & Muehlmann, B. W. (2015). Case: Fighting international fraud with the FCPA. Journal of Forensic & Investigative Accounting, 7(1), 200-216.
Cleveland, M., Favo, C. M., Frecka, T. J., & Owens, C. L. (2019). Trends in the international fight against bribery and corruption. Journal of Business Ethics, 90(2), 19-24.
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. 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Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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International Fraud and Ethics Essay
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