White collar crime entails financial crimes performed by individuals in the course of doing business. Such crimes are costly and can lead to the public losing high amount of financial resources. Subsequently, due to different people involved, sophisticated software and systems incorporated in such crimes, they are often difficult to prosecute. They may include bribery, fraud, embezzlement of funds, Cybercrimes, as well as extortion. This document seek to analyze the white collar characteristic of the trial of United States v. Angela Jester and Martin Miller, by identifying evidence to Violation of bribery act, money laundering, obstruction of justice as well falsification of information.
Violations of the anti-bribery provisions of the Foreign Corrupt Practices Act
Section 1512 of title 18 provided a wide prohibition against tampering with a witness, witness or an informant to the court of law. Also, it banishes conducted directed r planned to misguidedly influence the presentation of evidence in Federal procedures or the communication of information to Federal law enforcement officers. It applies to procedures before Congress, executive departments, and regulatory organizations, and to civil and criminal legal procedures, including grand jury procedures. As such, the discourse provided emphasizes that Mr. Miller had engaged in secret discourses with Ambassadors from Turkey as well as Georgia during his campaigns, requesting them to spread deceitful information on social networks. Such information alleged that Mr. West had involved himself in crimes both fraudulent and against humanity. However, despite a close race, Ms. Jester won the presidential race, hence, becoming the First female President in America. Therefore, conveying secrete information between Mr. Miller and various ambassadors serve against the founding rationale of section 1512 which provides against tampering with informants or informants as well as victims. The Company received these permits less than one week after meeting with the Brazilian officials. The Cleveland Plain Dealer received an anonymous tip alleging that Jester Corp. had offered these two Brazilian officials 3 years’ of free office space in the building in return for granting the Company permits to renovate the building despite the Company’s failure to comply with the fire and safety regulations that were required in order to obtain the permits. Plain Dealer investigated this allegation of bribery, and found: (a) the two Brazilian officials each owned their own private businesses and those businesses did, in fact, have office space in the Jester Corp. building in Sao Paolo at the time of the investigation, and (b) an email between Ms. Jester and the Jester Corp.’s accounting manager in which Ms. Jester asked the accounting manager to calculate the estimated cost of upgrading the building to meet fire and safety regulations and to compare those estimated costs to the cost of a single unrented or unpurchased office space over a 3-, 4-, or 5-year period.
The foreign corrupt practice Act discourage unlawful for various individuals and entities from making payments to international government officials in obtaining or retaining businesses. Essentially, the anti-bribery provision prohibits the conscious use of mails or any other form of communication instrument of interstate commerce in a corrupt way. Such corrupt activities includes payments, promissory notes or authorizing such in attempts to influence the foreign officials jeopardize their responsibilities. As such, Ms. Jester had engaged on a phone discussion with Turkey ambassador emphasizing that they had to win the elections.
Similarly, she had requested an ambassador from Georgia to guarantee that she worn the forthcoming elections. Also, she requested to know if the ambassador was spreading the falsified information concerning the opponents. Subsequently, she promised to closely work with the Georgian Ambassador should they win the election. Such promises some up to bribery and hence obliged to be presented in a court of law. Promising to work closely with the Georgian Ambassador sum up to influencing him to act in violation of his lawful duties, as well as enabling her retain an improper advantage against her opponents. Therefore, assisting the individual retain a close relationship with the president for personal gains is punishable by law as it incorporate an act of bribery.
Money laundering entail the act of concealing information involving transformation of profits from legitimate authorities and corruption into seemingly legitimate assets. Therefore, money laundering incorporates the processes by which unlawfully earned money are disguised to be legitimate finances, obtained from lawful activities such as sale of properties and other legitimate businesses. Ideally, the element of the necessary act of laundering itself including provision of financial services and a requisite degree of suspicion relating to the sources of funds and conduct of clients as well as employees provide evidence to crimes of money laundering.
Essentially, Ms. Jester founded Jester corporation, a real estate investment, to buy renovate and manage commercial real estates in Cleveland. Arguably, real estate corporations provides financial assistance and other financial advantages to their clients endeavoring to enhance their business. As such, it is true to highlights that Ms. Jester founded the real estate investment with the initial idea of concealing her illegal financial transactions disguised to be those of her real estate corporation. Consequently, the expansion of the company to various foreign markets including China, France, Brazil, and Georgia, combined with undocumented financial transactions amid 2011 to 2015 provides considerable evidence portraying susceptible money laundering performed by Ms. Jester.
After Jester Corporation purchased an office in Sao Paolo, the case study emphasizes that the CEO, Ms. Jester, met with high figure Brazilians officials to discuss the processes involved to permits, renovations and upgrades concerning the building. Consequently, Jester Corporation was issued with the necessary permits within a period less than one week, permits that takes three months legal period to process. Also, it is alleged that Cleveland Plain Dealer received anonymous tips from Jester Corporation including free office space to the Brazilians officials for providing the necessary permits, despite the building not meeting the necessary fire and safety regulations provisions. Nevertheless, such provisions are deemed necessary by law before obtaining the permits. As such, the above discourse provides evidence for possibility of Jester Corporation involvement in Money Laundering as well as corruption activities with the Brazilian officials.
Obstruction Of Justice under Title 18 U.S.C. § 1512
Obstruction of justice involves the impediment of federal activities including interference with witnesses, retaliating federal witnesses, obstruction of investigations as well as governmental proceedings. Other statues may penalize obstruction by violence, corruption, destruction of evidence, r deceit. As such, Jester Corporation overwhelmingly obstructed justice by involving itself in corrupt dealings. The corporation lured Brazilian officials by offering free office space to the Brazilian officials for a period of three years in exchange for permits, despite the corporation not meeting the necessary fire and safety regulations.
Apparently, Ms. Jester obstructed justice upon colluding with his friend Mr. Miller in issuing false information regarding Mr. West. Additionally, both the US congress and the federal Bureau of Investigation concluded that both Turkey and Georgia had colluded to interfere with, as well as influence the US presidential elections through false accusations and bribery, crimes summing up to obstruction of justice. The FBI also obtained voice recordings where Mr. Miller was heard requesting his house help to clean up his working desk as well as shred some papers. Such activities involves obstruction of justice through tampering with evidence, a crime punishable by law.
False Statements in Violation of Title 18 U.S.C. § 1001
Section 1001 makes concealing material facts as well as making false representation a crime. Subsequently, it bars legal officials and other entities from falsifying r covering up any misdoings or devising a material fact. It criminalize falsifying materials, fixating, or fraudulently representing materials in a court of law as well as using false writings or documents. As such, the statue, in perceptive of criminal law and tax, is broadly used when an entity provides false information to revenue entities r agents during audit investigations.
Mr. Miller and Ms. Jester are accountable for false statements in violation of Title 18 U.S.C. § 1001. On filling his tax returns, Mr. Miller reported an income of $500,000 as a result of his involvement with the Turkish and Georgian federal government amid January 2012 and December 2017, and an addition of $2 million dollars amid the same period. However, other transactions, including the purchase of apartments in both Florida and New Yolk shows that the assets were bought through cash transfer opposed to the alleged mortgages. Similarly, Ms. Jester purchased apartments in Turkey and Georgia in 2014 amounting to $12 million as opposed to her initial reported total income. Furthermore, Ms. Jester emphasized that she had bought the assets through mortgages, in spite of evidence showing that the concerned properties were brought through cash transfers, and she took out mortgages weeks after completing the purchases of the three homes.