Wednesday, December 11, 2019
Position Paper on Stem Cell Research free essay sample
Stem cell research is a vital necessity for the growth of humanity, especially when it comes to an individualââ¬â¢s quality of life. Due to the fact that stem cells have the power to turn into any different cell type in the body; they have the power to replenish other cells in the body, so long as the animal or human is still alive. When stem cell divide they have the capability of having a specialized function. These functions include: a muscle cell, a red blood cell, or even a brain cell. Stem cells, which are in the blastocyst phase, are able to generate replacements for cells, which could have been lost through injuries, diseases, and everyday life accidents. There is still a lot of research that has yet to be conducted but is hard to go through with because there is not enough funding. There are many ethical and moral reasons for this lack of funding. We will write a custom essay sample on Position Paper on Stem Cell Research or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page However, I believe that we are already ââ¬Å"playing g-dâ⬠with all the medical advances. In addition, the basis of the medical field is to improve the quality of life. Many people donââ¬â¢t even understand what a stem cell really is and how it comes about and they are ready to disregard the idea all together. This is why there should be more educational services as well to provide people with the correct knowledge on stem cells and their capabilities. In my opinion suffering from various conditions such as AIDS, Alzheimerââ¬â¢s Disease, Diabetes, Heart Disease, Liver Disease, Muscular Dystrophy, Parkinsonââ¬â¢s Disease, Spinal Cord Injury, and Stroke can be highly treated or even cured if stem cell research is conducted to itââ¬â¢s fullest potential. Also, if the embryonic stem cells would be thrown out anyways and not used why not just utilize its capabilities to help out the billions of people who are suffering with various illness and disease worldwide.
Tuesday, December 3, 2019
Statutory Interpretation Essay Example
Statutory Interpretation Essay Kamal McPherson Cape Law Evaluate the rules of interpretation which guides judgeââ¬â¢s in the interpretation of statutes or acts of Parliament and the presumption they applied in this process. To gain an explicit and profound competence of statutory interpretation and rules of statutory interpretation, they are few key elements and definition that must be referred to these concepts. Statutory interpretation is a source of law, which means, where laws are taken from to aid in the decision making process by the courts, and this is how the courts apply and interpret the legislations or acts of Parliament within a situation or a court case. To aid in the Courtsââ¬â¢ application of the law, rules of statutory interpretation have been created; they are literal rule, golden rule and mischief or purposive rule. These are rules used by the courts to interpret the meaning of an Act. They are necessary because the meanings of an Act can be unclear, among other things, and these ââ¬Å"rulesâ⬠are used to make a judgeââ¬â¢s task of reaching a clear understanding of an Act, much easier. I must point out that interpretation by its very nature is creative and not something you can view with specifics and in one way but with the view of conceptualizing the dynamics that interpretation itself has. We will write a custom essay sample on Statutory Interpretation specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Statutory Interpretation specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Statutory Interpretation specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The dynamics of legal interpretation are such that an interpreter must go from a general view of the statute to specific evidence and then back to the general view. As such, interpretation can be defined as the art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, deed, or will. The interpretation of written documents is fundamental to the process and Practice of Law. Interpretation takes place whenever the meaning of a legal document must be determined. Lawyers and judges search for meaning using various interpretive approaches and rules of construction. Legal interpretation may be based on a literal reading of a document. For example, when john doe signs a will that names his wife, Jane Doe, as his Personal Representative, his intent to name her the administrator of his estate can be determined solely from the specific language used in the will. There is no need to consider the surrounding facts and circumstances that went into his choice. When the intended meaning of the words in a document is not clearly expressed and some form of guessing is needed to determine the sense in which they have been used, mixed interpretations can happen. In such a case, the words express an individuals intent only when they are correctly comprehended. If John Doe refers only to my wife in his will, the court will have to determine who his wife was at the time of his death. How a lawyer or judge ascertains intent when words are unclear is typically governed by rules of statutory interpretation. The statutes or acts of Parliament may part take of the general uncertainty inherent in the language. Some legislation is not easily interpreted nor understands because of the language construct it has been written in. Language itself is ambiguous. Enacted Laws, especially the modern Acts and Rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation. But the experience of all those, who have to bear and share the task of application of the law, has been different. It is quite often that we find courts and lawyers busy in unfolding the meaning of ambiguous words, expressions and resolving inconsistencies. The age old process of application of the enacted law has led to formulation of certain rules of interpretation. Words in any language are not scientific symbols having any precise or definite meaning, and language is but an imperfect medium to convey ones thought, much less of a large assembly consisting of persons of various shades of opinion. It is impossible even for the most imaginative legislature to forestall exhaustively situations and circumstances that may emerge after enacting a statute where its application may be called for. The function of the courts is only to expound and not to legislate. The numerous rules of interpretation formulated by courts are expressed differently by different judges and support may be found in these formulations for apparently contradictory propositions. Language is not a precise tool. Reason being, words often take their meaning from the given context, words are an imperfect means of communication, words very often have more than one meaning i. e. they can be ambiguous, a broad term may be used in a statute which can give rise to confusion and uncertainty, there may be errors or omissions when the statute is drafted and last but not least new developments in society can make the words used in a statute out of date and they may no longer cover the current situation. In order for consistency in interpreting the meaning of legislation, courts use specific rules in order to resolve ambiguity appearing in statutes. Those rules are known collectively as rules of statutory interpretation. Different rules of interpretation may be applied and depend upon the nature of the ambiguity and the content in which it arises. They are three rules of interpretation that aid the courtsââ¬â¢ application of the law, the literal rule, golden rule and mischief rule or purposive rule. The literal rule allows that the words and phrases in a statute should be given their ordinary and literal meaning and once the ordinary meaning is clear the court is obligated to apply it even if to do so would result in injustice. Judges may use the extrinsic aid of a dictionary to give words their ordinary meaning. Although there has been a general move away the literal approach in recent years, some judges prefer to start with this method and apply the ordinary meaning of the word wherever possible. A useful illustration of the literal rule in practice is provided by Baptiste ââ¬âv- Alleyne (1970). The legislation under scrutiny in this case was the then Larceny Ordinance Act. The defendant was found outside a house with his hand through a window choking a female occupant. He was charged and convicted of the offence ââ¬Ëâ⬠¦foundâ⬠¦in a building with intentâ⬠¦Ã¢â¬â¢ a provision of Section 29 (d) of the then Larceny ordinance allowed that for a person to be convicted of such an offence, there be clear and unmistakable evidence that he has been, as the section says, ââ¬Ëfound inââ¬â¢ the building. As such Mr. Justice of Appeal, Micheal de la Bastide posited ââ¬Å"he cannot in the courtââ¬â¢s view be said to have been found in the building on a literal meaning or ordinary interpretation of the words of section 29 (d) of the Larceny Ordinance. Therefore in this case the appeal was allowed, hence the conviction was quashed. Analyzing this case we can see how the literal rule is use to the effect of the defendant because taking the literal rule ordinary meaning and assumption which exhibited that once the act or legislation is explicitly understand then the court must apply it, but in this case the defendant was found ââ¬Å"outsideâ⬠the building and not as the intended legislation remedy to which is found ââ¬Å"insideâ⬠in the building, resulting the case being quashed. The second rule of statutory interpretation is the golden rule. This rule provide that if the literal and ordinary meaning of the words of the statute give rise to ambiguity, repugnancy, inconsistency or absurd results which Parliament could not have intended, then the judge may substitute a reasonable meaning in light of the statute as a whole. An example of how the golden rule was used to regulate the absurdity and repugnant result that would emanate from the literal rule being used is in the civil case of R v Sigsworth (1935). Facts revealed that a son had murdered his Mother. As such, the mother had not made a will but, as per rules in Administration of Justice Act 1925, her next of kin (her son-also her murderer) would inherit her respective possessions. No ambiguity in the wording of the Act, but the court refused to let a murderer benefit from his crime. As a result, the judge using his/her discretion to ensure that all is served in the course of justice held that the literal rule should not apply and the golden rule was used to avert a repugnant situation. The third rule of statutory interpretation is the mischief or purposive rule. The literal and golden rule determines what Parliament said. The Mischief Rule is applied to what Parliament meant. The rule was laid down in Heydonââ¬â¢s Case (1584) and provides that judges when deciding cases must consider three factors: * 1. What was the common law before the statute was passed. * 2. What was the problem or ââ¬Å"mischiefâ⬠, the statute was trying to remedy. * 3. What remedy Parliament was trying to provide. The mischief rule may be applied to ascertain the purpose for which the legislation was enacted, by going beyond the actual words used in the legislation. Courts are in a most difficult position in this regard as they do not pass the legislation which they are required to interpret and the court will strive for a sensible meaning to the statute where at all possible. An example how the mischief rule is apply in statutory interpretation is in the case of Smith v Hughes (1960) Prostitutes charged with soliciting on the streets contrary to the Street Offences Act 1958. Defence made that they were inside a building and tapping on a window to attract men (thus not on the street). Despite such, the Court applied the Mischief Rule and found them guilty because the SOA Act 1958 was designed to prevent prostitution. The protections which common law principles of statutory interpretation accorded to are fundamental rights and liberties. Among other rebuttable presumptions that Parliament did not intend to: * invade common law rights; * restrict access to the courts; * abrogate the protection of legal professional privilege; * exclude the privilege against self incrimination; * interfere with vested property rights; * alienate property without compensation; * interfere with equality of religion; deny procedural fairness to persons affected by the exercise of public power. The presumptions are that Parliament is supreme, the highest and of highest importance, acts of parliament should not apply to a dispute/alleged if there was no act in place at the time of its occurrence to make the dispute/alleged crime wrong, acts of parliament cannot deprive individuals of thei r constitutional rights, acts of parliament should not contrast Intl law. These are assumptions judges make, however, they must be examined within the context of respective cases. Judges operate on the basis of these presumptions to ensure accurate interpretation of law. Judicial discretion is inherent in statutory interpretation. The legislature cannot craft statutes to govern every (in) action. Thus, for example, a legislature may prohibit, without exception, the willful killing of another, entrusting the judiciary with discretion to identify exceptions, like self-defense, that existed at common law at the time of the statuteââ¬â¢s enactment. Moreover, when a statute is enacted, the legislature knows that its chosen language may bear more than one interpretation, entrusting the judiciary with discretion to identify the correct meaning of that inevitably ambiguous language. For these and other reasons, judges must exercise discretion when interpreting statutes. The judges interpret the law, and they do this within the cultural context of respective societies. If for example, a strict or literal interpretation of an act may create civil disturbance. The judge will use his/her discretion to ensure that all is served in the course of justice. And the mischief rule as well as the golden rule give judges this discretion.
Wednesday, November 27, 2019
Math Equations free essay sample
This paper will show two mathematical problems, the first is ââ¬Å"To estimate the size of the bear population on the Keweenaw Peninsula, conservationists captured, tagged, and released 50 bears. One year later, a random sample of 100 bears included only 2 tagged bears. What is the conservationists estimate of the size of the bear population? â⬠(Dugopolski, 2013, pp. 37, probem 56). The second will be to complete problem 10 on page 444 of Elementary and Intermediate Algebra. Here all steps in solving the problem will be explained step by step. The first problem is to estimate the size of the bear population located on the Keweenaw Peninsula conservation. In reading over the ââ¬Å"Bear Populationâ⬠method #56 on page 437you will notice we are to assume that the ratio of originally tagged bears to the whole population is equal to the ratio of recaptured bears to the size of the sample. The ratio of the originally tagged bears to the whole population is 2100 The ration of the recaptured tagged bears to the sample size is 50x 2100=50x Since x is on the right-hand side of the equation, we need to switch the sides so it is on the left-hand side. We will write a custom essay sample on Math Equations or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 50x=2100 This is the proportion set up and ready to solve. I will cross multiply setting the extremes equal to the means. 100(50) = 2x Here 100 and 50 are the extreme, while x and 2 are the means. 0002=22 Next we must divide each term in the equation by 2. X=50002 Cancel out the common factor X=2500 The bear population in Keweenaw Peninsula is estimated to be around 2500. For the second problem in this assignment I am asked to solve this equation for y. The first thing I notice is that it is a single fraction (ratio) on both sides of the equal sign so basically it is a proportion which can be solved by cross multiplying the extremes and means. y-1)=-34*((x+3))Multiply both sides of the equation by (x+3) (y-1)=-34*(x+3)Remove the extra parentheses (y-1) = -3(x+3)4Multiply the rational expressions to get 3(x+3)4 y-1= -3(x+3)4Remove the parentheses around the expression y-1 Since -1 does not contain the variable solve for, move it to the right-hand side of the equation by adding 1 to both sides. y=1 *44 3(x+3)4Multiply each term by a factor of 1 that will equate all the denominators. In this case, all terms need a denominator of 4. = 14 (-1*4) 3(x+3)4Multiply the expression by a factor of 1 to create the least common denominator (LCD) of 4. y= 44 3(x+3)4 Multiply 1 by 4 to get 4. y = 4-3(x+3)4 The numerators of expressions that have equal denominators can be combined. In this case, (4)4 and 3(x+3)4 have the same denominator of 4, so the numerators can be combined. y = 4-3 (x+3)4 Remove the parentheses around the expression 4. y = 4-3 x-3 (3)4 Multiply -3 by each term inside the parentheses (x-3). = 4-3 *x-3 (3)4 Multiply -3 by the x inside the parentheses. y = 4-3 x-3 (3)4 Multiply -3 by x to get ââ¬â 3x. y = 4-3 x-3* 34 Multiply -3 by the 3 inside the parentheses. y = 14 (4-3x-9) Multiply -3 by 3 to get -9. y = 14 (-5 -3x) Subtract 9 from 4 to get -5 y = 14 (-3x -5) Reorder the polynomial -5 -3x alphabetically from left to right, starting with the highest order term. y = 14 (-3x-5)Simplify the right-hand side of the equation. Here I have notice that the solution for y = 14 (-3x-5) but the equation for x is different and x as a rational expression is (y-1) à · 4=-3 à · (x+3) which is solved by which is solved by a ration. Simplify the equation for x = 4y3 53 . Another thing I have learned is if you go from x = y to x^2 = y^2 you have introduced the extraneous root. References: Dugopolski, M. (2013). Elementary and Intermediate Algebra, 4th Ed. New York, NY: The McGraw-Hill Companies, Inc. Math Equations free essay sample This paper will show two mathematical problems, the first is ââ¬Å"To estimate the size of the bear population on the Keweenaw Peninsula, conservationists captured, tagged, and released 50 bears. One year later, a random sample of 100 bears included only 2 tagged bears. What is the conservationists estimate of the size of the bear population? â⬠(Dugopolski, 2013, pp. 37, probem 56). The second will be to complete problem 10 on page 444 of Elementary and Intermediate Algebra. Here all steps in solving the problem will be explained step by step. The first problem is to estimate the size of the bear population located on the Keweenaw Peninsula conservation. In reading over the ââ¬Å"Bear Populationâ⬠method #56 on page 437you will notice we are to assume that the ratio of originally tagged bears to the whole population is equal to the ratio of recaptured bears to the size of the sample. The ratio of the originally tagged bears to the whole population is 2100 The ration of the recaptured tagged bears to the sample size is 50x 2100=50x Since x is on the right-hand side of the equation, we need to switch the sides so it is on the left-hand side. We will write a custom essay sample on Math Equations or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 50x=2100 This is the proportion set up and ready to solve. I will cross multiply setting the extremes equal to the means. 100(50) = 2x Here 100 and 50 are the extreme, while x and 2 are the means. 0002=22 Next we must divide each term in the equation by 2. X=50002 Cancel out the common factor X=2500 The bear population in Keweenaw Peninsula is estimated to be around 2500. For the second problem in this assignment I am asked to solve this equation for y. The first thing I notice is that it is a single fraction (ratio) on both sides of the equal sign so basically it is a proportion which can be solved by cross multiplying the extremes and means. y-1)=-34*((x+3))Multiply both sides of the equation by (x+3) (y-1)=-34*(x+3)Remove the extra parentheses (y-1) = -3(x+3)4Multiply the rational expressions to get 3(x+3)4 y-1= -3(x+3)4Remove the parentheses around the expression y-1 Since -1 does not contain the variable solve for, move it to the right-hand side of the equation by adding 1 to both sides. y=1 *44 3(x+3)4Multiply each term by a factor of 1 that will equate all the denominators. In this case, all terms need a denominator of 4. = 14 (-1*4) 3(x+3)4Multiply the expression by a factor of 1 to create the least common denominator (LCD) of 4. y= 44 3(x+3)4 Multiply 1 by 4 to get 4. y = 4-3(x+3)4 The numerators of expressions that have equal denominators can be combined. In this case, (4)4 and 3(x+3)4 have the same denominator of 4, so the numerators can be combined. y = 4-3 (x+3)4 Remove the parentheses around the expression 4. y = 4-3 x-3 (3)4 Multiply -3 by each term inside the parentheses (x-3). = 4-3 *x-3 (3)4 Multiply -3 by the x inside the parentheses. y = 4-3 x-3 (3)4 Multiply -3 by x to get ââ¬â 3x. y = 4-3 x-3* 34 Multiply -3 by the 3 inside the parentheses. y = 14 (4-3x-9) Multiply -3 by 3 to get -9. y = 14 (-5 -3x) Subtract 9 from 4 to get -5 y = 14 (-3x -5) Reorder the polynomial -5 -3x alphabetically from left to right, starting with the highest order term. y = 14 (-3x-5)Simplify the right-hand side of the equation. Here I have notice that the solution for y = 14 (-3x-5) but the equation for x is different and x as a rational expression is (y-1) à · 4=-3 à · (x+3) which is solved by which is solved by a ration. Simplify the equation for x = 4y3 53 . Another thing I have learned is if you go from x = y to x^2 = y^2 you have introduced the extraneous root. References: Dugopolski, M. (2013). Elementary and Intermediate Algebra, 4th Ed. New York, NY.
Sunday, November 24, 2019
History of the Nature Conservancy
History of the Nature Conservancy The Nature Conservancy joins forces with governments, non-profit organizations, local stakeholders, indigenous communities, corporate partners, and international organizations to find solutions to conservation challenges. Their conservation tactics include the protection of private lands, the creation of conservation-minded public policies, and the funding of conservation projects around the world. Among The Nature Conservancys more innovative conservation approaches is the debt-for-nature swaps. Such transactions ensure biodiversity conservation in exchange for debt owed by a developing country. Such debt-for-nature programs have been successful in many countries including Panama, Peru, and Guatemala. History The Nature Conservancy was formed in 1951 by a group of scientists who wanted to take direct action to save threatened natural areas around the world. In 1955, The Nature Conservancy acquired its first parcel of land, a 60-acre tract along the Mianus River Gorge which lies on the border of New York and Connecticut. That same year, the organization established the Land Preservation Fund, a conservation tool that is still used today by The Nature Conservancy to help provide funding for worldwide conservation efforts. In 1961, The Nature Conservancy formed a partnership with the Bureau of Land Management that was aimed at protecting old-growth forests in California. A gift from the Ford Foundation in 1965 made it possible for The Nature Conservancy to bring on its first full-time president. From that point on, The Nature Conservancy was in full swing. During the 1970s and 1980s, The Nature Conservancy setup key programs such as the Natural Heritage Network and the International Conservation Program. The Natural Heritage Network collects information about species distributions and natural communities throughout the United States. The International Conservation Program identifies key natural regions and conservation groups in Latin America. The Conservancy completed their first debt-for-nature swap to fund conservation work in Braulio Carillo National Park in 1988. During that same year, the Conservancy joined forces with the US Department of Defense to help manage 25 million acres of military land. In 1990, The Nature Conservancy launched a large-scale project called the Last Great Places Alliance, an effort aimed at saving entire ecosystems by protecting core reserves and establishing buffer zones around them. In 2001, The Nature Conservancy celebrated its 50th year anniversary. Also in 2001, they acquired Zumwalt Prairie Preserve, a protected area on the edge of Hells Canyon in Oregon. In 2001 through 2005, they purchased land in Colorado that would later form the Great Sand Dunes National Park and the Baca National Wildlife Refuge, as well as expand the Rio Grande National Forest. Most recently, the Conservancy organized the protection of 161,000 acres of forest in the Adirondacks of New York. They also recently negotiated a debt-for-nature swap to protect the tropical forest in Costa Rica.
Thursday, November 21, 2019
Hospital Robot Essay Example | Topics and Well Written Essays - 1000 words
Hospital Robot - Essay Example Robots refer to mechanical agents controlled by computer programs and used in completing tasks. They vary in sizes and used for specific purposes. Used with artificial intelligence the machines can perfume precise functions repeatedly without tiring. In healthcare, several hospitals and health facilities in the United States have begun using robots to aid complicated surgeries (Barker 33). The machines run on specific computer programs and follow instructions as fed to them through the computer. Additionally, they operate alongside humans during the operations thus improving the quality of services. Robots have improved the quality of surgical operations and their continued use in the industry will definitely improve the quality of life by improving effectiveness in hospitals as discussed in the essay below.Robots are cost effectiveUnlike humans, a robot is a capital and an asset bought once by a health facility and can perform several functions throughout the clock. Being machines, robots have minimal requirements provided they are in good condition and accurately programmed. They, therefore, function with minimal supervision thus making the practice less labor intensive.Doctors often tire after detailed operations; this makes the operations precarious as they begin making such mistakes as forgetting some of the equipment in the patients they operate. Additionally, they serve more for their services a feature that makes health services very costly thus unaffordable by many (Ichbiah 11).
Wednesday, November 20, 2019
E-loyalty and Customer relationship management Essay
E-loyalty and Customer relationship management - Essay Example Some sole proprietors use online programs in targeting nationwide and global customers by using accurate information regarding the business and the use consumer programs such as credit card reward programs as a strategy in keeping their loyal customers satisfied. It is common that these reward systems are tailored according to the needs and expectations of the customers. Business-to-business (B2B) or e-biz is an effective tool in the exchange of products, services, and information between business and consumers. Over the years, B2B has proven to be very effective in closing business transactions between the business owner and the customers. According to a study that was published back in early 2000, the profitability of using B2B has exceeded the ââ¬Ëe-tailingââ¬â¢ by 10 to 1% and is expected to have an annual growth of 41% over the next few years. (Jones, 2001) Customer Relationship Management (CRM) is a ââ¬Ësoftwareââ¬â¢ that helps a business organization in managing its customers better. (Walsh, 2007) CRM software enables the sales people and service representatives to have a quick access over the information related to the customers. This allows the sales force of the company to immediately provide the customers with a more customized service according to the customersââ¬â¢ needs regarding the products and services the business is offering. (Williams, 2006) According to Kumar and Reinartz (2006), CRM is defined as a strategic process of selecting the customers a firm can most profitably serve. It is also capable of shaping the interactions between a company and these customers with the goal of optimising the current and future value of the customers for the company. (Kumar and Reinartz 2006, 6) Based on the definition, CRM is a process of enterprise-wide that has the potential to affect decisions related to marketing communications, pricing, customisation of products and services, resource allocation across different customers
Sunday, November 17, 2019
Foreign Corrupt Practices Act Essay Example | Topics and Well Written Essays - 1250 words
Foreign Corrupt Practices Act - Essay Example While the Act was initially seen as being bad for US business abroad, the long-term effects have been for the benefit of US companies both domestically and internationally. The Foreign Corrupt Practices Act (FCPA) of 1977 was implemented to further restrain the practices of American business in the areas of using undue influence in international business. According to the Congressional Research Service the FCPA was, "...enacted principally to prevent corporate bribery of foreign officials" (Seitzinger). Before the Act was passed, there were cases of corporations using secret funds to influence and bribe foreign officials. The government contended that these illegal payments, "...affected adversely American foreign policy, damaged abroad the image of American democracy, and impaired public confidence in the financial integrity of American corporations" (Seitzinger). The FCPA also reasserted the ideals of fair trade and anti-trust policies by curtailing the unfair practices that might place a corporation in an unfairly advantageous position over a competitor through a corrupt practice. While these business practices had been outlawed by the array of prev ious legislative acts, the FCPA codified and focused the illegal activity under one act. The FCPA of 1977, and the amendments of 1988 and 1998, specifically prohibits the bribery of any foreign official and making false or misleading entries into a company's financial records. Prior to the FCPA, companies would use slush funds to make payments to foreign officials to gain a business advantage. Often these payments would be incorrectly described in their accounting practices (Johnson). In addition the FCPA also expanded the definition of 'foreign official' to include not only highly placed government officials but also private persons who may have a function similar to a government employee. This could include contractors working on government contracts or doing business with a foreign government. The FCPA further outlawed the practice of influencing regulatory policies and the obtaining of permits or licenses through fraud and bribery. The FCPA also further defined and prohibited the practice of "willful blindness" where a company pays money and does not make an inquiry that any reasonable person would make as to the use of said money (Johnson). The FCPA does not differentiate between a bribe that succeeds and an offer that fails or is declined. The Act defines corruption as the intent to unfairly influence. There are two sections that define the enforcement of the FCPA. There is the criminal provision that is enforced by the US Department of Justice and the civil portion that is enforced by the Securities and Exchange Commission (SEC) ("Foreign Corrupt Practices"). The SEC also has responsibility to monitor and enforce the accounting standards set forth in the Act. The criminal fines for violation can be quite extensive. The corporation can be fined up to $2 million, while individual violators can face fines of up to $100,000 and be sentenced to 5 years in prison (Shaheen and Geren, 3). Shaheen and Geren further note that the corporation is banned from reimbursing the fines and penalties levied against an individual violation. The fines that can be levied by the SEC for
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