Corporate Crime

Posted about 2 years ago. Applies to Las Vegas, NV, 1 helpful vote

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Corporate crime & liability

white-collar crime, because the majority of individuals who may act as or represent the interests of the corporation are white-collar professionals; organized crime, because criminals may set up corporations either for the purposes of crime or as vehicles for laundering the proceeds of crime. The world's gross criminal product has been estimated at 20 percent of world trade. (de Brie 2000); and state-corporate crime because, in many contexts, the opportunity to commit crime emerges from the relationship between the corporation and the state.

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Misrepresentation in financial statements of corporations

definition of white collar crime also is related to notions of corporate crime. In his landmark definition of white collar crime he offered these categories of crime: Misrepresentation in financial statements of corporations Manipulation in the stock market Commercial bribery Bribery of public officials directly or indirectly Misrepresentation in advertisement and salesmanship Embezzlement and misappropriation of funds Misapplication of funds in receiverships and bankruptcies

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The United States Consumer Product Safety Commission

The United States Consumer Product Safety Commission (CPSC) is an independent agency of the United States government created in 1972 through the Consumer Product Safety Act to protect "against unreasonable risks of injuries associated with consumer products." The CPSC is an independent agency that does not report to nor is part of any other department or agency in the federal government

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Banning dangerous consumer products

CPSC fulfills its mission by banning dangerous consumer products, issuing recalls of products already on the market, and researching potential hazards associated with consumer products. CPSC learns about unsafe products in several ways. The agency maintains a consumer hot line and website through which consumers may report concerns about unsafe products or injuries associated with products. The agency also operates the National Electronic Injury Surveillance System (NEISS), a probability sample of about 100 hospitals with 24-hour emergency rooms. NEISS collects data on consumer product related injuries treated in ERs and can be used to generate national estimates.

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Most of the complaints are not first vetted by the CPSC before they are made public

The public database (saferproducts.gov), constructed at a cost of around $3 million USD and launched in March 2011, "publicizes complaints from virtually anyone who can provide details about a safety problem connected with any of the 15,000 kinds of consumer goods regulated by the" CPSC. While being lauded by consumer advocates for making previously hidden information available, manufacturers have expressed their concern "that most of the complaints are not first vetted by the CPSC before they are made public", meaning it could be abused and potentially used to ruin specific brands. As of mid-April 2011, the database was accruing about 30 safety complaints per day.

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Whistleblower

A whistleblower (whistle-blower or whistle blower) is a person who tells the public or someone in authority about alleged dishonest or illegal activities (misconduct) occurring in a government department, a public or private organization, or a company. The alleged misconduct may be classified in many ways; for example, a violation of a law, rule, regulation and/or a direct threat to public interest, such as fraud, health/safety violations, and corruption. Whistleblowers may make their allegations internally (for example, to other people within the accused organization) or externally (to regulators, law enforcement agencies, to the media or to groups concerned with the issues).

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Poor-quality materials or shoddy workmanship

Manufacturing defects are those that occur in the manufacturing process and usually involve poor-quality materials or shoddy workmanship. Design defects occur where the product design is inherently dangerous or useless (and hence defective) no matter how carefully manufactured; this may be demonstrated either by showing that the product fails to satisfy ordinary consumer expectations as to what constitutes a safe product, or that the risks of the product outweigh its benefitsFailure-to-warn defects arise in products that carry inherent nonobvious dangers which could be mitigated through adequate warnings to the user, and these dangers are present regardless of how well the product is manufactured and designed for its intended purpose.

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Product liability in the United States

Theories of liability In the United States, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. The majority of product liability laws are determined at the state level and vary widely from state to state. [2] Each type of product liability claim requires different elements to be proven to present a successful claim.

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Strict liability

Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective. The difficulty with negligence is that it still requires the plaintiff to prove that the defendant's conduct fell below the relevant standard of care. However, if an entire industry tacitly settles on a somewhat careless standard of conduct (that is, as analyzed from the perspective of a layperson), then the plaintiff may not be able to recover even though he or she is severely injured, because although the defendant's conduct caused his or her injuries, such conduct was not negligent in the legal sense (if everyone within the trade would inevitably testify that the defendant's conduct conformed to that of a reasonable tradeperson in such circumstances).

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Bhopal disaster

The Bhopal disaster (commonly referred to as Bhopal gas tragedy) was a gas leak incident in India, considered one of the world's worst industrial catastrophes It occurred on the night of December 2-3, 1984 at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh, India. A leak of methyl isocyanate gas and other chemicals from the plant resulted in the exposure of hundreds of thousands of people. The toxic substance made its way in and around the shantytowns located near the plant.[2] Estimates vary on the death toll. The official immediate death toll was 2,259 and the government of Madhya Pradesh has confirmed a total of 3,787 deaths related to the gas release.[3] Others estimate 3,000 died within weeks and another 8,000 have since died from gas-related diseases

Additional Resources

Howard Roitman, Esq. 8921 W. Shara Ave Las Vegas, Nevada 89117 (702) 647-8550

Product liability From Wikipedia

Howard Roitman Ph. # (702) 647-8550

Website Howard Roitman

Biography

Car Crash

Intentional Misrepresentation - Fraud by Omission

Unjust enrichment

Intentional Infliction of Emotional Distress in Nevada

Appearing in Nevada Courts by Special Procedure to Practice in Nevada

Special Administrators

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