The Civil Law System And The United States Of America

Venezuela is a country located on the Caribbean Coast on South America. Research proves that, Christopher Columbus discovered Venezuela in the year 1498 (Coleman, 2015, p.7). The country now consists roughly of about 33 million inhabitants, with about 23 states. Over the years Venezuela has had a large increase in crime in recent years and is now considered to be one of the most corrupt nations in the world. This is due to the extremely high murder rate and the problems in drug trafficking. Ultimately, further examination of Venezuela’s laws, courts, law enforcement, and prison will help to better understand the differences in their criminal justice system and the United States of America. Venezuela is based on a civil law system, based on†¦show more content†¦Furthermore, Supreme Court Judges are now elected, which has further politicized the system. (P.31) The rule of law in Venezuela is considered relatively weak as well as the government in the country. Venezuela is ranked the lowest in all of Latin America in regards to its rule of law or legal environment as of 2015. The judges are proposed by the Committee of Judicial Postulation and appointed by the National Assembly in Venezuela. Judges usually serve non-renewable 12-year terms. Also, Venezuela is not a part of the International Court of Justice. The people of Venezuela are usually incapacitated if they commit a crime including the most serious crimes because they do not have the death penalty. Venezuelan prisons are considered violent, overcrowded, and corrupt. In the country of Venezuela, there are about 33 to 34 prisons. Initially the prisons were built to hold about 15,000 but now there are about 45,000 inmates in the prisons to date. The numbers of the inmates incarcerated is growing steadily due to the high drug trafficking. Also, every year large numbers of inmates are killed each year. Business Source Complete (2011) analysis discovered the following: Most prisoners do not have access to basic services such as potable water, food or functional restrooms, unless they can pay for them. They also generally lack access to basic medical care -- La Pica prison has only one medical professional for a

Legal/Ethical Boundaries Essay - 865 Words

Legal/Ethical Boundaries of a Medical Assistant AAMA Medical Assistant Code of Ethics The Code of Ethics is a set of principles of moral and ethical conduct as they relate to the medical profession. There are five sections of the Code of Ethics. â€Å"Render services with full respect for the dignity of humanity.† A medical assistant will perform job duties with respect to the patient, life and rights as a human being. Holding the medical assistant to a higher standard, where he/she does not perform unnecessary procedures. â€Å"Respect confidential information obtained through employment unless legally authorized or required by responsible performance of duty to divulge such information.† Any and all information the medical assistant learns†¦show more content†¦Step 4) Prime your email. Make sure you have provided an email address that will be valid for the next year, add CMAExam@aama-ntl.org to your approved email list. Step 5) Schedule an exam appointment. You will receive an email with Scheduling Permit Instruction. Step 6) STUDY! It’s the most important thing you can do prior to taking the exam. Step 7) Pass the CMA (AAMA) Certification/Recertification Examination. Step 8) Keep your CMA (AAMA) credential current. Recertify your credential 5 years. Scope of Practice The medical assistant is a multitasked healthcare provider assisting the physician in providing patient care. They perform general, administrative and clinical duties under supervision of a physician. The medical assistant’s duties can vary from office to office and vary according to the size and type of setting. A medical assistant should never perform duties beyond their level of responsibility, education, and training. Performing outside the medical assistant scope of practice includes any task involving clinical judgment, assessment, or evaluation. For example a patient comes to the clinic for a pregnancy test and its positive, as you are informing her of different resources she may use, she ask you â€Å"should she keep her baby?† The MA could let the patient know that she will want to discuss her options with someone from one of the resources she was given. Diagnosing a patient isShow MoreRelatedEthical And Legal Boundaries Of Wells Fargo1355 Words   |  6 Pagesaccounts; over 1.5 million bank accounts were created. Furthermore, federal regulators also said that 565,443 credit cards were created, and 1400 of those accounts had been charged over 400,000 dollars in fees. Wells Fargo employees broke many ethical and legal boundaries and engaged in counterproductive work behavior. Counterproductive work behavior has a negative impact on the company, it’s employees and its customers. 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Forward the Foundation Chapter 25 Free Essays

string(32) " at the time and Dors-was Dors\." 12 Las Zenow said with a certain trace of awe in his voice, â€Å"I didn’t know you were so friendly with the Emperor, Professor Seldon.† â€Å"Why not? He’s a very democratic fellow for an Emperor and he was interested in my experiences as a First Minister in Cleon’s time.† â€Å"It made a deep impression on us all. We will write a custom essay sample on Forward the Foundation Chapter 25 or any similar topic only for you Order Now We haven’t had an Emperor in our halls for many years. Generally, when the Emperor needs something from the Library-â€Å" â€Å"I can imagine. He calls for it and it is brought to him as a matter of courtesy.† â€Å"There was once a suggestion,† said Zenow chattily, â€Å"that the Emperor be outfitted with a complete set of computerized equipment in his palace, hooked directly into the Library system, so that he would not need to wait for service. This was in the old days when credits were plentiful, but, you know, it was voted down.† â€Å"Was it?† â€Å"Oh yes, almost the entire Board agreed that it would make the Emperor too much a part of the Library and that this would threaten our independence from the government.† â€Å"And does this Board, which will not bend to honor an Emperor, consent to let me remain at the Library?† â€Å"At the present moment, yes. There is a feeling-and I’ve done my best to encourage it-that if we are not polite to a personal friend of the Emperor, the chance of a rise in appropriations will be gone altogether, so-â€Å" â€Å"So credits-or even the dim prospect of credits-talk.† â€Å"I’m afraid so.† â€Å"And can I bring in my colleagues?† Zenow looked embarrassed. â€Å"I’m afraid not. The Emperor was seen walking only with you-not with your colleagues. I’m sorry, Professor.† Seldon shrugged and a mood of deep melancholy swept over him. He had no colleague to bring in, anyhow. For some time he had hoped to locate others like Wanda and he had failed. He, too, would need funding to mount an adequate search. And he, too, had nothing. 13 Trantor, the capital world-city of the Galactic Empire, had changed considerably since the day Hari first stepped off the hypership from his native Helicon thirty-eight years ago. Was it the pearly haze of an old man’s memory that made the Trantor of old shine so brightly in his mind’s eye, Hari wondered. Or perhaps it had been the exuberance of youth-how could a young man from a provincial Outer World such as Helicon not be impressed by the gleaming towers, sparkling domes, the colorful, rushing masses of people that had seemed to swirl through Trantor, day and night. Now, Hari thought sadly, the walkways are nearly deserted, even in the full light of day. Roving gangs of thugs controlled various areas of the city, competing among themselves for territory. The security establishment had dwindled; those who were left had their hands full processing complaints at the central office. Of course, security officers were dispatched as emergency calls came through, but they made it to the scene only after a crime was committed-they no longer made even a pretense of protecting the citizens of Trantor. A person went out at his own risk-and a great risk it was. And yet Hari Seldon still took that risk, in the form of a daily walk, as if defying the forces that were destroying his beloved Empire to destroy him as well. And so Hari Seldon walked along, limping-and thoughtful. Nothing worked. Nothing. He had been unable to isolate the genetic pattern that set Wanda apart-and without that, he was unable to locate others like her. Wanda’s ability to read minds had sharpened considerably in the six years since she had identified the flaw in Yugo Amaryl’s Prime Radiant. Wanda was special in more ways than one. It was as if, once she realized that her mental ability set her apart from other people, she was determined to understand it, to harness its energy, to direct it. As she had progressed through her teen years, she had matured, throwing off the girlish giggles that had so endeared her to Hari, at the same time becoming even dearer to him in her determination to help him in his work with the powers of her â€Å"gift.† For Hari Seldon had told Wanda about his plan for a Second Foundation and she had committed herself to realizing that goal with him. Today, though, Seldon was in a dark mood. He was coming to the conclusion that Wanda’s mentalic ability would get him nowhere. He had no credits to continue his work-no credits to locate others like Wanda, no credits to pay his workers on the Psychohistory Project at Streeling, no credits to set up his all-important Encyclopedia Project at the Galactic Library. Now what? He continued to walk toward the Galactic Library. He would have been better off taking a gravicab, but he wanted to walk-limp or not. He needed time to think. He heard a cry-â€Å"There he is!†-but paid no attention. It came again. â€Å"There he is! Psychohistory!† The word forced him to look up. Psychohistory. A group of young men was closing in around him. Automatically Seldon placed his back against the wall and raised his cane. â€Å"What is it you want?† They laughed. â€Å"Credits, old man. Do you have any credits?† â€Å"Maybe, but why do you want them from me? You said, ‘Psychohistory!’ Do you know who I am?† â€Å"Sure, you’re Raven Seldon† said the young man in the lead. He seemed both comfortable and pleased. â€Å"You’re a creep,† shouted another. â€Å"What are you going to do if I don’t give you any credits?† â€Å"We’ll beat you up,† said the leader, â€Å"and we’ll take them.† â€Å"And if I give you my credits?† â€Å"We’ll beat you up anyway!† They all laughed. Hari Seldon raised his cane higher. â€Å"Stay away. All of you.† By now he had managed to count them. There were eight. He felt himself choking slightly. Once he and Dors and Raych had been attacked by ten and they had had no trouble. He had been only thirty-two at the time and Dors-was Dors. You read "Forward the Foundation Chapter 25" in category "Essay examples" Now it was different. He waved his cane. The leader of the hoodlums said, â€Å"Hey, the old man is going to attack us. What are we going to do?† Seldon looked around swiftly. There were no security officers around. Another indication of the deterioration of society. An occasional person or two passed by, but there was no use calling for help. Their footsteps increased in speed and made a wide detour. No one was going to run any risks of getting involved in an imbroglio. Seldon said, â€Å"The first one of you who approaches gets a cracked head.† â€Å"Yeah?† And the leader stepped forward rapidly and seized the cane. There was a short sharp struggle and the cane was wrested from Seldon’s grip. The leader tossed it to one side. â€Å"Now what, old man?† Seldon shrunk back. He could only wait for the blows. They crowded around him, each eager to land a blow or two. Seldon lifted his arms to try to ward them off. He could still Twist-after a fashion. If he were facing only one or two, he might be able to Twist his body, avoid their blows, strike back. But not against eight-surely not against eight. He tried, at any rate, moving quickly to one side to avoid the blows and his right leg, with its sciatica, doubled under him. He fell and knew himself to be utterly helpless. Then he heard a stentorian voice shouting, â€Å"What’s going on here? Get back, you thugs! Back or I’ll kill you all!† The leader said, â€Å"Well, another old man.† â€Å"Not that old,† said the newcomer. With the back of one hand, he struck the leader’s face, turning it an ugly red. Seldon said in surprise, â€Å"Raych, it’s you.† Raych’s hand swept back. â€Å"Stay out of this, Dad. Just get up and move away.† The leader, rubbing his cheek, said, â€Å"We’ll get you for that.† â€Å"No, you won’t,† said Raych, drawing out a knife of Dahlite manufacture, long and gleaming. A second knife was withdrawn and he now held one in each hand. Seldon said weakly, â€Å"Still carrying knives, Raych?† â€Å"Always,† said Raych. â€Å"Nothing will ever make me stop.† â€Å"I’ll stop you,† said the leader, drawing out a blaster. Faster than the eye could follow, one of Raych’s knives went sailing through the air and struck the leader’s throat. He made a loud gasp, then a gurgling sound, and fell, while the other seven stared. Raych approached and said, â€Å"I want my knife back.† He drew it out of the hoodlum’s throat and wiped it on the man’s shirtfront. In doing so, he stepped on the man’s hand, bent down, and picked up his blaster. Raych dropped the blaster into one of his capacious pockets. He said, â€Å"I don’t like to use a blaster, you bunch of good-for-nothings, because sometimes I miss. I never miss with a knife, however. Never! That man is dead. There are seven of you standing. Do you intend to stay standing or will you leave?† â€Å"Get him!† shouted one of the hoodlums and the seven made a concerted rush. Raych took a backward step. One knife flashed and then the other and two of the hoodlums stopped with, in each case, a knife buried in his abdomen. â€Å"Give me back my knives,† said Raych, pulling each out with a cutting motion and wiping them. â€Å"These two are still alive, but not for long. That leaves five of you on your feet. Are you going to attack again or are you going to leave?† They turned and Raych called out, â€Å"Pick up your dead and dying. I don’t want them.† Hastily they flung the three bodies over their shoulders, then they turned tail and ran. Raych bent to pick up Seldon’s cane. â€Å"Can you walk, Dad?† â€Å"Not very well,† said Seldon. â€Å"I twisted my leg.† â€Å"Well then, get into my car. What were you doing walking, anyway?† â€Å"Why not? Nothing’s ever happened to me.† â€Å"So you waited till something did. Get into my car and I’ll give you a lift back to Streeling.† He programmed the ground-car quietly, then said, â€Å"What a shame we didn’t have Dors with us. Mom would have attacked them with her bare lands and left all eight dead in five minutes.† Seldon felt tears stinging his eyelids. â€Å"I know, Raych, I know. Do you think I don’t miss her every day?† â€Å"I’m sorry,† said Raych in a low voice. Seldon asked, â€Å"How did you know I was in trouble?† â€Å"Wanda told me. She said there were evil people lying in wait for you, she told me where they were and I took right off.† â€Å"Didn’t you doubt that she knew what she was talking about?† â€Å"Not at all. We know enough about her now to know that she has some sort of contact with your mind and with the things around you.† â€Å"Did she tell you how many people were attacking me?† â€Å"No. She just said, ‘Quite a few.'† â€Å"So you came out all by yourself, did you, Raych?† â€Å"I had no time to put together a posse, Dad. Besides, one of me was enough.† â€Å"Yes, it was. Thank you, Raych.† 14 They were back at Streeling now and Seldon’s leg was stretched out on a hassock. Raych looked at him somberly. â€Å"Dad,† he began, â€Å"you’re not to go walking around Trantor on your own from now on.† Seldon frowned. â€Å"Why, because of one incident?† â€Å"It was enough of an incident. You can’t take care of yourself any longer. You’re seventy years old and your right leg will not support you in an emergency. And you have enemies-â€Å" â€Å"Enemies!† â€Å"Yes, indeed. And you know it. Those sewer rats were not after simply anyone. They were not looking for just any unwary person to rip off. They identified you by calling out, ‘Psychohistory!’ And they called you a creep. Why do you suppose that was?† â€Å"I don’t know why.† â€Å"That’s because you live in a world all your own, Dad, and you don’t know what’s going on on Trantor. Don’t you suppose the Trantorians know that their world is going downhill at a rapid rate? Don’t you suppose they know that your psychohistory has been predicting this for years? Doesn’t it occur to you that they may blame the messenger for the message? If things go bad-and they are going bad-there are many who think that you are responsible for it.† â€Å"I can’t believe that.† â€Å"Why do you suppose there’s a faction at the Galactic Library that wants you out of there? They don’t want to be in the way when you are mobbed. So-you’ve got to take care of yourself. You can’t go out alone. I’ll have to be with you or you will have to have bodyguards. That’s the way it’s going to be, Dad.† Seldon looked dreadfully unhappy. Raych softened and said, â€Å"But not for long, Dad. I’ve got a new job.’ Seldon looked up. â€Å"A new job. What kind?† â€Å"Teaching. At a University.† â€Å"Which University?† â€Å"Santanni.† Seldon’s lips trembled. â€Å"Santanni! That’s nine thousand parsecs away from Trantor. It’s a provincial world on the other side of the Galaxy.† â€Å"Exactly. That’s why I want to go there. I’ve been on Trantor all my life, Dad, and I’m tired of it. There’s no world in all the Empire that’s deteriorating the way Trantor is. It’s become a haunt of crime with no one to protect us. The economy is limping, the technology is failing. Santanni, on the other hand, is a decent world, still humming along, and I want to be there to build a new life, along with Manella and Wanda and Bellis. We’re all going there in two months.† â€Å"All of you!† â€Å"And you, Dad. And you. We wouldn’t leave you behind on Trantor. You’re coming with us to Santanni.† Seldon shook his head. â€Å"Impossible, Raych. You know that.† â€Å"Why impossible?† â€Å"You know why. The Project. My psychohistory. Are you asking me to abandon my life’s work?† â€Å"Why not? It’s abandoned you.† â€Å"You’re mad.† â€Å"No, I’m not. Where are you going with it? You have no credits. You can’t get any. There’s no one left on Trantor who’s willing to support you.† â€Å"For nearly forty year-â€Å" â€Å"Yes, I admit that. But after all that time, you’ve failed Dad. There’s no crime in failing. You’ve tried so hard and you’ve gone so far, but you’ve run into a deteriorating economy, a falling Empire. It’s the very thing you’ve been predicting for so long that’s stopping you at last. So-â€Å" â€Å"No. I will not stop. Somehow or other, I will keep going.† â€Å"I tell you what, Dad. If you’re really going to be so stubborn, then take psychohistory with you. Start it again on Santanni. There may be enough credits-and enthusiasm-to support it there.† â€Å"And the men and women who have been working for me so faithfully?† â€Å"Oh bull, Dad. They’ve been leaving you because you can’t pay them. You hang around here for the rest of your life and you’ll be alone. Oh, come on, Dad. Do you think I like to talk to you this way? It’s because no one has wanted to-because no one has had the heart to-that you’re in your present predicament. Let’s be honest with each other now. When you walk the streets of Trantor and you’re attacked for no reason other than that you’re Hari Seldon, don’t you think it’s time for a little bit of truth?† â€Å"Never mind the truth. I have no intention of leaving Trantor.† Raych shook his head. â€Å"I was sure you’d be stubborn, Dad. You’ve got two months to change your mind. Think about it, will you?† 15 It had been a long time since Hari Seldon had smiled. He had conducted the Project in the same fashion that he always did: pushing always forward in the development of psychohistory, making plans for the Foundation, studying the Prime Radiant. But he did not smile. All he did was to force himself through his work without any feeling of impending success. Rather, there was a feeling of impending failure about everything. And now, as he sat in his office at Streeling University, Wanda entered. He looked up at her and his heart lifted. Wanda had always been special. Seldon couldn’t put his finger on just when he and the others had started accepting her pronouncements with more than the usual enthusiasm; it just seemed always to have been that way. As a little girl, she had saved his life with her uncanny knowledge of â€Å"lemonade death† and all through her childhood she had somehow just known things. Although Dr. Endelecki had asserted that Wanda’s genome was perfectly normal in every way, Seldon was still positive that his granddaughter possessed mental abilities far beyond those of average humans. And he was just as sure that there were others like her in the Galaxy-on Trantor, even. If only he could find them, these mentalics, what a great contribution they could make to the Foundation. The potential for such greatness all centered in his beautiful granddaughter. Seldon gazed at her, framed in his office doorway, and he felt as if his heart would break. In a few days, she would be gone. How could he bear it? She was such a beautiful girl-eighteen. Long blond hair, face a little broad but with a tendency to smile. She was even smiling now and Seldon thought, Why not? She’s heading for Santanni and for a new life. He said, â€Å"Well, Wanda, just a few more days.† â€Å"No. I don’t think so, Grandpa.† He stared at her. â€Å"What?† Wanda approached him and put her arms around him. â€Å"I’m not going to Santanni.† â€Å"Have your father and mother changed their minds?† â€Å"No, they’re going.† â€Å"And you’re not? Why? Where are you going?† â€Å"I’m going to stay here, Grandpa. With you.† She hugged him. â€Å"Poor Grandpa!† â€Å"But I don’t understand. Why? Are they allowing this?† â€Å"You mean Mom and Dad. Not really. We’ve been arguing over this for weeks, but I’ve won out. Why not, Grandpa? They’ll go to Santanni and they’ll have each other-and they’ll have little Bellis, too. But if I go with them and leave you here, you’ll have no one. I don’t think I could stand that.† â€Å"But how did you get them to agree?† â€Å"Well, you know-I pushed.† â€Å"What does that mean?† â€Å"It’s my mind. I can see what you have in yours and in theirs and, as time goes on, I can see more clearly. And I can push them to do what I want.† â€Å"How do you do that?† â€Å"I don’t know. But after a while, they get tired of being pushed and they’re willing to let me have my way. So I’m going to stay with you.† Seldon looked up at her with helpless love. â€Å"This is wonderful, Wanda. But Bellis-â€Å" â€Å"Don’t worry about Bellis. She doesn’t have a mind like mine.† â€Å"Are you certain?† Seldon chewed at his lower lip. â€Å"Quite certain. Besides, Mom and Dad have to have someone, too.† Seldon wanted to rejoice, but he couldn’t do so openly. There were Raych and Manella. What of them? He said, â€Å"Wanda, what about your parents? Can you be so cold-blooded about them?† â€Å"I’m not cold-blooded. They understand. They realize I must be with you.† â€Å"How did you manage that?† â€Å"I pushed,† said Wanda simply, â€Å"and eventually they came to see it my way. â€Å"You can do that?† â€Å"It wasn’t easy.† â€Å"And you did it because-† Seldon paused. Wanda said, â€Å"Because I love you. Of course. And because-â€Å" â€Å"Yes?† â€Å"I must learn psychohistory. I know quite a bit of it already.† â€Å"How?† â€Å"From your mind. From the minds of others at the Project, especially from Uncle Yugo before he died. But it’s in rags and tatters, so far. I want the real thing. Grandpa, I want a Prime Radiant of my own.† Her face lit up and her words came quickly, with passion. â€Å"I want to study psychohistory in great detail. Grandpa, you’re quite old and quite tired. I’m young and eager. I want to learn all I can, so I can carry on when-â€Å" Seldon said, â€Å"Well, that would be wonderful-if you could do it-but there is no funding anymore. I’ll teach you all I can, but-we can’t do anything.† â€Å"We’ll see, Grandpa. We’ll see.† How to cite Forward the Foundation Chapter 25, Essay examples

Fraud Activities in Financial Companies

Question: Fraud activities occur in financial companies, like financial leasing frauds, frauds in securities exchange markets, contracts, etc. And describe at least 3 related cases as an example. Recommended structure for each body part: (a). Current situation and recently development in your area (b). Introduce fraud activity of your part (c). Analyse cases in detail, supported by law and regulations (find cases from ASIC website) (d). Our suggestions on this type of fraud (development of regulations, prevention, punishment etc.) Answer: (a). Fraud case at BearingPoint Australia Pty Ltd involving former CEO John Morris. Representation of false information about the financial records of companies has been witnessed in many cases. The laws and regulations governing financial institutions has however been stepped up recently. These kinds of frauds are usually perpetrated by managers charged with the responsibilities of holding the information as custodians. Usually manages misrepresent the information to conceal bad financial status of the companies they are in charge to cover up fraudulent activities they have engaged or committed the company into. In the case involving BearingPoint CEO Mr John Morris, he was accused of giving false financial information about BearingPoint Australian Pty Ltd to appointed company auditor PricewaterhouseCoppers in the year 2004. The CEO admitted that he had established a payment schedule to the variation contract between BearingPoint Australian Pty Ltd and Canon. The problem here was that while the CEO produced documents that showed that the contract value between his c ompany and Canon was $ 19.6 Million, PWC established through financial records held by Canon that the value to be $ 13.2 million. The variation of $ 6.4 was what the CEO concealed to both BearingPoint Australia Pty Ltd and her appointed auditor PWC. The act represented gross misconduct by fraud on the part of the CEO by first falsifying financial records of his employer and secondly by failing to adhere to the code of conduct of his employer which required that he acts in good faith and in the best interest of the company while discharging his mandate as the CEO of the company. John Morris was taken to court by Australian securities and investment commission (ASIC) established in 2001 under the Australian laws. ASIC put forth that the CEO breached corporations act 2001 (Corporations ACT) when he knowingly mislead both his employer and her auditor by falsifying financial records of BearingPoint Australia Pty Ltd. The judge agreed with the prosecution (Commonwealth director of Public prosecutions) and Mr. John Morris was found to have contravened corporations act under Australian laws having pleaded guilty of two charges and the magistrate sitting at Melbourne magistrate court fined him $ 2,500 with regard to each charge and was instantly banned from any managerial duties of any company for the period of five years from the date when the conviction was delivered that is Tuesday, 22nd August 2006. ASIC Home | ASIC - Australian Securities And Investments Commission (2016) Asic.gov.au https://asic.gov.au/. It is our recommendation that CEOs of the companies should not be the only custodians of crucial financial records of the company. Such that for a fraud to happen it has to involve conspiracy of a lot of people in the system to an extent that it is almost impractical to committee a financial malpractice without the knowledge of other junior and senior managers. Paul M Clikeman, Called To Account. (b). Fraud case involving Dessipur Pty Ltd former director Mr. Haydn James Dodge. Without the existence of proper regulation and closer scrutiny of the many companies that deals with public funds many fraudulent transactions and dealings may go unnoticed. This is because if the company is paying taxes, employees and any other cost associated with the smooth operation of the company, it is challenging to suspect foul in the yearly stages. The fraud is usually the work a senior officer and a few employees and since usually the repercussions are felt later when the company is in deep financial crisis the act can easily go unnoticed. Mr. Dodge of Sorell in Tasmania was accused by Australian securities and investment commission (ASIC) that between the dates of 18th November 1996 and 26th of August 1998 Mr. Dodge and former Hobart solicitor a Mr. Thomas Peter Baron in there full knowledge used Dessipur Pty Ltd as a means to defraud investors Money in excess of $900,000 from mortgage fund. The investigation was centered on two failed sub-divisions known as Co Drive Penn ington Drive at Sorell. The public was duped by the two to buy shares of the land using Dessipur Ltd and that when the two sub division is complete every one who invested will get his or her shares accordingly. The division never came to pass and the public funds were in jeopardy. Mr. Dodge pleaded guilty to three counts of conspiracy to defraud investors close to $1.4 million and one count obtaining financial advantage dishonestly in Supreme Court of Tasmania. The case that was prosecuted by the Tasmanian Director of public prosecution arose from Mr. Dodges participation in the failed solicitors mortgage funds operated by Hobart law firms. The chief Justice Underwood in his wisdom stated that the crime committed by the two will attract three years in jail because the deterrent is fundamental factor in the act of sentencing discretion. He further stated that such like crimes are difficult to detect and prosecute. Mr. Dodge having committed the mentioned crime was sentenced to three years imprisonment. The two had contravened Australian law under Australian corporations act 2001. He was however eligible for parole after serving one full year in jail. Mr. Dodge was initially accused of 38 counts of dishonesty but after discussion with Tasmanian Prosecutor it was agreed that the tree counts of dishonesty will adequately cover the rest of the counts prosecutable under the law. ASIC Home | ASIC - Australian Securities And Investments Commission (2016) Asic.gov.au https://asic.gov.au/.We recommend that closer supervision and scrutiny should be enforced to all financial institutions that deal with public funds. Their core financial systems should be accessible to the regulator at any given time to enable close scrutiny. Rory M. Cohen, "US Securities And Exchange Commission Amends Dollar Threshold Tests Under Qualified Client Standard, Requires Exclusion Of Net Equity In Primary Residence" (2012) 13 Journal of Investment Compliance. (c) Conviction of former Woodvile North mortgage broker As it is currently in Australia credit brokers usually act from the position of trust. Each application they forward to creditors is assumed that the broker has delivered correct information to the best of his or knowledge since the credit broker is the conduit between credit provider and the credit borrowers. There is a lacuna in the regulations because not every loan application is scrutinized in each and every detail. The guidelines as it is currently constituted bestow much trust on the part of the broker. However such crimes as dishonesty in this kind of arrangement can be easily committed and are hard to detect unless the act itself is glaring. Philip Wolny, Understanding Financial Frauds And Scams (Rosen Pub., 2013). Mr. Daniel Duy Nguyen of Woodvile North South Australia operated as a credit broker. He is the sole director of Ausfin Solutions Pty Ltd which traded as Arndale finance. Australian securities and investment commission 2001 (ASIC) investigated Mr. Nguyen. It is alleged that in the period between October 2011 and February 2012, Mr.Nguyen provided false information regarding to sale contract and appraisal letters for rentals provided to the credit provider for the purposes of supporting home loan application on behalf of his five clients. The credit provider was Westpac Banking Corporation (Westpac). Mr. Nguyen perhaps looking for more commission decided knowingly to alter financial information in favor of his clients in order for the application to be approved by Westpac. This act reprensentd gross misconduct on the part of Mr.Nguyen having contravened corporations act 2001. The act requires among other things that the broker shall endeavor to provide correct financial information of h is/her clients to the best of his knowledge when making any kind of loan application on their behalf. It also requires that the broker acts in good faith without tricking creditors to approve loans for entities or people who do not qualify for the same. Mr. Nguyen pleaded guilty of five counts of charges of providing misleading financial information to Westpac Banking Corporation. He therefore got four months suspended sentence. The case was prosecuted by commonwealth director of public prosecutions at the Adelaide Magistrate court in Australia. ASIC Home | ASIC - Australian Securities And Investments Commission (2016) Asic.gov.au https://asic.gov.au/. We recommend that there is no need for assuming all credit brokers are trustworthy even if they have all the necessary papers. There has to be bet checks and balance it is easy to give false information especially when done on small bits. The banks should check each and every part of the information provided. Celeste M. Hammond, "Subprime: Real Estate Frauds, Mortgage Frauds And Legal Certainty" SSRN Electronic Journal. (d) Fraud case involving South Australian adviser. Its norm for general public to seek financial assistance or advices from companies providing such consultancy services. This is widely spread practice across the world not just in Australia. In all cases the advisor or the advising entity is expected to act in the best interest of the client. They act in the position of trust both from the public and industry regulators. This kind of arrangement entirely depends on who the client feels more comfortable in, as it involves exposing financial positions of the clients seeking the service. Mr. Michael Andrew Smith from Glenata South Australia worked as financial planner and advisor through his company. The company was registered in Australia as Mossbrook Pty Ltd and was trading as Mossbrook Financial Planning. The core business of the company was provision of financial consultancy. H. A. Surface, "Frauds, Semi-Frauds And Questionables" (1915) 8 Journal of Economic Entomology. It is alleged that in the period between December 1999 and March 2001, Mr. Smith committed a crime of fraudulently diverting his clients money meant for investment to his own private investment or that of Mossbrook Pty Ltd. The amount here was $35,000. In another separate incident in the period between December 2001 and January 2002, Mr. Smith received money a total of $146,000 from eight clients for the purposes of purchasing shares in Arrowlea Pty Ltd. But instead of purchasing the shares with the whole amount as received from the investors, Mr.Smith decided to divert $48,666 to his own investment or that of the company he was working for. In both incidences the cheques were made payable to his company and thus he was able to easily divert the money from the original cause intended. These cases were investigated by Australian Security and Investment commission 2001. George D. Hornstein, "Investment Trusts And Investment Companies, Report Of The Securities And Exchange Commission" ( 1940) 40 Columbia Law Review. Mr. Smith was sentenced to three years and six months in Jail in connection to his improper/gross misconduct in his capacity as financial planner and advisor. The two counts of charges were prosecuted by Commonwealth Director of Public Prosecutions. ASIC Home | ASIC - Australian Securities And Investments Commission (2016) Asic.gov.au https://asic.gov.au/. We recommend that the public should be cautious when looking for financial advice. By the mere fact financial advisers act in the position of trust investors or general public should be reluctant while engaging on activities that involves money. When making payments the general public or inventors should always ensure that the cheques are addressed to the intended entity instead of addressing cheques to financial advisors who then can easily reneged on the promise of forwarding the funds to the right entity instead they use them for their own personal gains. (e) Fraud case involving two Melbourne men As it has been the norm in many countries around the world, financial institutions have been using middle men to connect to their clients especially when it comes to loan borrowing or credit advancing. Simon Stern, "Sentimental Frauds" (2011) 36 Law Social Inquiry. Mr Aizaz Hassan and Mr Mohamed Radhi Ebrahim were both brokers at one company by the name Myra Home Loan Pty Ltd transacting as Myra Financial Services. They are alleged to have purported false or fake home loans applications from would be their clients. They then forwarded the applications to various banks among them St George Bank, Pepper Bank, Aldelaide Bank and Choice Home Loans. The two together with another person named Mr. Najam Shah conspired to defraud these banks money in the name of making home loans application on behalf of their clients. The complainant to the court in this case was Australian securities and investment commission 2001. The two pleaded guilty to one count each before Her Honor Judge Lawson. These crimes were alleged to have been committed between March 2008 and December 2011. They were each sentenced to five years community correction orders, and four hundred hours of community service for the offences. The fraud saw them falsely acquire approximately $17 0 million from the financial institutions affected by the scandal. ASIC Home | ASIC - Australian Securities And Investments Commission (2016) Asic.gov.au https://asic.gov.au/. Its our recommendation that financial institutions offering credit facilities need to be more careful when approving loans least they will continue approving fake loan applications. They should do thorough checks like call backs, visiting the actual client up to their homes just to ascertain that the applicant do exist and can be easily traced or contacted. Bernard Mees and Ian Ramsay, "Corporate Regulators In Australia (1961-2000): From Companies' Registrars To The Australian Securities And Investments Commission" SSRN Electronic Journal. References Clikeman, Paul M, Called To Account Cohen, Rory M., "US Securities And Exchange Commission Amends Dollar Threshold Tests Under Qualified Client Standard, Requires Exclusion Of Net Equity In Primary Residence" (2012) 13 Journal of Investment Compliance Hammond, Celeste M., "Subprime: Real Estate Frauds, Mortgage Frauds And Legal Certainty" SSRN Electronic Journal Hornstein, George D., "Investment Trusts And Investment Companies, Report Of The Securities And Exchange Commission" (1940) 40 Columbia Law Review Mees, Bernard and Ian Ramsay, "Corporate Regulators In Australia (1961-2000): From Companies' Registrars To The Australian Securities And Investments Commission" SSRN Electronic Journal Mees, Bernard and Ian Ramsay, "Corporate Regulators In Australia (1961-2000): From Companies' Registrars To The Australian Securities And Investments Commission" SSRN Electronic Journal Stern, Simon, "Sentimental Frauds" (2011) 36 Law Social Inquiry Surface, H. A., "Frauds, Semi-Frauds And Questionables" (1915) 8 Journal of Economic Entomology Wolny, Philip, Understanding Financial Frauds And Scams (Rosen Pub., 2013).