Preview

Criminal Law Case

Good Essays
Open Document
Open Document
464 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Criminal Law Case
Following is an example of criminal law case that occurred in a business environment.
Bio-diesel Fuel Company Titleholder Punished to 188 Months in Federal Jail for Misconducts Linked to Unlawful Fuels Scheme (Texas)
Jeffrey David Gunselman is punished to 188 months in federal jail, and a fine of $175,000 is charged and is ordered to pay more than $54.9 million in the case of restitution, following his shamefaced petition to an impeachment alleging 24 counts of money laundering, 51 counts of the wire fraud, and 4 totals of making false speeches in defilement of the Clean Air Act.
Gunselman is the holder of Absolute Fuels, LLCF. From Sept 2010 to Oct 2011, he planned an outline to deceive the EPA by deceitfully signifying that he is in the business of generating bio-diesel fuel; however Gunselman did not have a bio-diesel fuel-producing facility with
…show more content…
When the judge doesn’t order restitution or orders only fractional restitution, many countries want that judge to deliver an explanation on the record (Streicker, 2015).
Courts must take definite lawful fundamentals into attention in defining the amount of restitution ordered in a certain case. These may include the seriousness of the crime and the conditions of its commission, Damages writhed by the victim, the present financial assets of the respondent, the financial load on the government, victim, and others damaged as a result of the crime and the suspect’s future capability to pay.

References
Streicker, S. (2015). Restitution Law for Victims of Crime | what is Restitution? | Nolo.com. Nolo.com. Retrieved 11 November 2015, from http://www.nolo.com/legal-encyclopedia/restitution-law-victims-crime.html
Www2.epa.gov,. (2015). 2013 Major Criminal Cases | Enforcement | US EPA. Retrieved 11 November 2015, from

You May Also Find These Documents Helpful

  • Better Essays

    ExxonMobil is identified as one of the world’s leading oil and gas businesses. It manages market commodities and means countrywide. ExxonMobil is entail in “marketing, gas, and oil exploration, transportation and production in roughly 200 nations” (ExxonMobil, 2015). This company furnishes assistance and products under label names such as “Mobil, Esso, and Exxon. ExxonMobil is known as one of the biggest oil industrial installation where a substance is refined in the nation” (ExxonMobil, 2015). This essay discusses ExxonMobil’s strategic initiative from the 2013 Summary Annual Report. The following details the company’s initiative, financial planning surrounding that initiative, the effect of cost and revenues on the supply chain, as well as the ethical concerns associated with this idea.…

    • 1174 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Ogeechee Fish Kil

    • 1554 Words
    • 7 Pages

    On May 19th, 2011, over 38,000 fish were found dead along an 80 mile stretch of the Ogeechee River near Savannah Georgia in Screven County. This number also included around 15 different species as well. This fish kill was and is the largest of its sort in the history of the state of Georgia. Investigations later revealed that the fish died from columnaris, which can be a deadly bacterial disease when fish have been weakened by other stressors. King America Finishing plant, which is located along the Ogeechee River, became the target of further investigation due to the fact that the dead fish only appeared downstream from the plant, and none were found upstream from the plant. The plant also has a discharge pipe which dispenses into the river. After several visits to the plant pursuant to the fish kill, the Environmental Protection Division discovered that the company had been making numerous unauthorized discharges into the Ogeechee River, of flame-retardant chemicals for over the past five years. Even more surprising was the lack of knowledge that the EPD had of the discharge line, despite the fact that is own inspectors were said to have inspected the plant up to six time since 2006. King America Finishing had failed to inform the EPD that it had a new discharge line, which is required of them under their permit. “EPD rules require companies to notify the department when they want to add new discharge lines, then the state can decide whether to issue a permit. But that didn’t happen in this case, state officials said (Savannah, 2011).” Yet even still, many feel that this is inexcusable on the EPD’s behalf. After the investigations begin to dwindle down and a reasonable conclusion of who was to blame was drawn, the EPD proposed a million dollar payment…

    • 1554 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Nothing

    • 316 Words
    • 1 Page

    2009: It is revealed that Mitchel Tomley was encouarging his company to make its operations more productive by using diesel in the drilling operation. pg. 63…

    • 316 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    The problem with punitive damages is that there is little to no consistency in the application or review and very often these are awards are reduced once they reach the appellant level. (Kubasek et al.,2009) The Legal Environment of Business A Critical Thinking Approach, also references how the public perceives punitive damages. Due to the way in which the media covers these types of cases, the public is left with the thought that the court system is essentially throwing away money by awarding excessive amounts to plaintiffs that may not necessarily deserve it, based on the facts of their case. This perception has been used as the basis for proposing tort reform among many politicians. (Kubasek et al.,2009)…

    • 3046 Words
    • 13 Pages
    Powerful Essays
  • Better Essays

    Exxon/Mobil, one of the nation's leading oil producers, has its main refinery located in Beaumont, Texas. Each year, the residents of Beaumont/Port Arthur have to contend with the 39,000 pounds of pollution spewed each year by the Exxon refinery. Exxon's emissions are 385% above the state refinery average. In 1999, the Texas Natural Resources Conservation Committee (TNRCC) allowed the plant to increase their emissions, without allowing the public to have a say in the matter. Interestingly, 95% of the people living near the plant are of African American descent and are in the poverty range. Some believe that this, along with the lack of education in the area, allows Exxon to get away with such high emissions. Residents in nearby neighborhoods have been complaining of headaches, nausea, eye, and throat irritation for years. Since 1997, Mobil has repeatedly violated health standards in its emissions of two key air pollutants: sulfur dioxide and hydrogen sulfide, These "rotten egg" smells are so strong, one can smell it through a car driving past the refinery. After numerous complaints and one record of a refinery worker becoming unconscious because of the fumes, the EPA awarded Exxon with a $100,000 environmental justice grant in October of 1998. Hopefully, Exxon has put the money to good use and cleaned up their emissions.…

    • 1048 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    Robert T, N. Thomas W C (2003): Taming regulation: superfund and the challenge of regulatory…

    • 427 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    David Boonin

    • 552 Words
    • 3 Pages

    In the last chapter of The Problem of Punishment, David Boonin attempts to defend his belief in restitution as a replacement of punishment by the state. Unfortunately, Boonin falls short in his attempt to defend absolute restitution when addressing restitution during both murder and rape. Using convoluted language, the reader is lost in his arguments defense, instead of admitting that it falls short in cases such as rape and murder. To further understand this, it is necessary to consider the following. First, Boonin’s definition of pure restitution and why he treats it as an absolute concept. Second, Boonin’s defense of restitution in cases of rape and murder. Third, the problem with restitution.…

    • 552 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The core of restorative justice is comprised on fundamental guiding values such as respect, individual dignity, inclusion, responsibility, humility, mutual care, and the reparation of harms (Pranis, 2007). Guiding values evoke individual values including respect, honesty, compassion, open-mindedness and patience, so as to maximize peace while considering the needs of the victim, offender, community and all other stakeholders (Zehr, 2002). Restorative justice is an alternative approach to the traditional punitive justice system that extends the definition of crime as existing beyond one specific violent act (Pepinsky, 2000). Contrary to what is considered in Western society’s view of crime,…

    • 204 Words
    • 1 Page
    Good Essays
  • Good Essays

    U.S Asylum

    • 1224 Words
    • 5 Pages

    References: Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984).…

    • 1224 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    buisness ethics

    • 3877 Words
    • 13 Pages

    Pacific Gas & Electric (PG&E) was in trouble. Serious trouble. Four decades after the world's largest utility started dumping 370 million gallons of cancer-causing chemicals into unlined ponds in Hinkley, California, the company's actions had finally been uncovered. Uncovered by Erin Brockovich (a formerly unemployed, single mother of three working in a California law firm) who wanted to know what medical records had to do with a real estate file. What she found out led to the biggest settlement on record for a civil class action lawsuit.…

    • 3877 Words
    • 13 Pages
    Powerful Essays
  • Better Essays

    Criminal Law Purpose

    • 1584 Words
    • 7 Pages

    Originally retribution was understood as methods of vengeance and revenge, dealt with in villages or between just the victim’s family and offender’s family in private matter. These matters usually (depending on the severity) settled with compensation of money or asset (Johnstone and Ward 2010, 30-32). With the rise of the Crown’s involvement and criminal law institutions, the understanding of private matters transitioned into a state-controlled matter with set solutions for offences. This, in turn, introduced this notion of public retribution dealt with by the state (Johnstone and Ward 2010, 35-36). In today’s society victims receive retribution in the way of their offenders being punished for their wrongdoings i.e. through incarceration or community services and in some cases through money compensation (Konigs 2013). Retribution is seen as a non-instrumental purpose of criminal law as it is protecting society from itself through a system of public justice i.e. keeping people from seeking out revenge/retaliation and beginning a cycle of violence (Daly 2012, 389-390). In regards to the importance of retribution to criminal law, without some form of retribution, people would result back to the notion of vengeance and take matters into their own hands (Carlsmith 2006). Additionally, if there is no appropriate form of retribution, victims and the wider…

    • 1584 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Most sentences in cases in which people have lost property or suffered injury requiring medical treatment include restitution. However, since majorities of the offenders are unemployed or underemployed — meaning they work a low-end job and barely make ends meet getting the extra money from them to pass along to their victims can be almost impossible.…

    • 217 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    “Restorative justice in developed and few Asian countries have made a number of effectiveness of restorative and reparative areas in relation with petty/juvenile offences related with first timers as well as beginners etc. This article will examine the use of restorative justice as to have better offender’s management with respect to India where Indian Police and criminal laws are playing major role. It concludes that the role of community is very minimal and Police is also forbidden by law not to be involved in negotiation process or convince either side rather register criminal case and make charge sheet/ final report to the court of law. Thus there are inherent deficiencies in the criminal law which are forbidding justice reaching the door steps of the victims even in minor / bailable offences.”…

    • 2755 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    * The perpetrator would be expected to be active in the participation of repairing the harm.…

    • 1188 Words
    • 5 Pages
    Good Essays
  • Good Essays

    3. A company in the US has been named by the US EPA as a potential responsible party to clean up as US Superfund…

    • 285 Words
    • 2 Pages
    Good Essays