Essay: Are you being served

Essay: Are you being served
April 14, 2011 Comments Off on Essay: Are you being served Academic Papers on Politics,Sample Academic Papers admin

Sample Essay

The decision of the US Supreme Court to hear appeals by Conrad Black (the former CEO of the Hollinger International, the media firm he once ran) and Jeffrey Skilling (the former chief executive of Enron) , on the basis of no narrow definition of the law of honest services, should be looked from the two angles. One is from the investors, the general public and all the other direct and indirect stakeholders, and other from the rights and duties of employees side. If we look it from the investors and general public point of view, it seems unfair to release such people who have wiped out the precious money of the shareholders and investors.

But if we look at the issue form the rights of employees, it seems unfair for them to sentence such a long imprisonment on the decisions; they have taken for the benefit of employers. If court tries to favour one party, the right of the other is at stake. As for as the law of “honest service” is concerned, the Mr Skilling’s lawyers rightly argue that the Court should limit honest-services fraud to cases in which the accused sought personal gain at the expense of his employers. But as for the Mr. Skilling is concerned, he said “Every act for which he was prosecuted was undertaken for the purpose of protecting Enron and promoting its share value,” even the special task-force set up by the Department of Justice to investigate Enron’s collapse accepted this statement. So he should be treated separately from the other two. About the notion of honest services, Justice Scalia rightly argued “It is simply not fair to prosecute someone for a crime that has not been defined until the judicial decision that sends him to jail.” It will be more rational to narrow down the law before its implementation, to avoid confusions like this. Another point raised by Mr. Skilling’s lawyers is very much relevant that the Court should limit honest-services fraud to cases in which the accused sought personal gain at the expense of his employers. As the Bernie Madoff’s Ponzi scheme is concerned, no doubt he deliberately misguided the investors about the status of the company and made a lot of money for himself at their expense (Voreacos, David, Glovin, & David, 2009). He should be treated on the grounds of misrepresentation and fraud.

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