Amtrak Crash: The Engineer’s Right to Remain Silent

Posted by Daniel Lamas.

Just recently, on May 12 in Philadelphia, an Amtrak train derailed and killed eight people and sent over 200 to the hospital. A question everyone is asking is why the train was going that fast and why it curved. Brandon Bostian, who was the engineer, has agreed to be interviewed and many feel that he will be able to answer some important questions.

Bostian claims that he has no recollection of the accident and denies a lot of claims made about the way he operated the train. It was proven that Bostian was going 106 miles per hour when the train should have only been going at 50 miles per hour. Bostian has refused to talk about that part of the case, as he has a Fifth Amendment right to remain silent, and has only said that by the time he tried to pull the safety brakes, it was too late. Bostian has already gotten a lawyer and is prepared if he is sued. Even though there are not yet any charges against Bostian, he knows that he must prepare himself for what is to come. Mayor Michael Nutter said, “He doesn’t have to be interviewed if he doesn’t want to at this particular stage. . . . That’s kind of how the system works.”

Daniel is a business management and merchandising major at Montclair State University, Class of 2017.

Companies Tracking Workers With Cell Phones Off-hours May be Violating Their Constitutional Rights

Many companies provide workers with cell phones for company business. And they expect that their workers respect its proper use. But companies should afford their workers the same respect in terms of privacy.

In a recent report, a woman was fired for deleting an app her employer used to track her movements. She sued for invasion of privacy–a concept covered in Business Law class. Her employer used the phone to follow her off-hours, akin to a “‘prisoner’s ankle bracelet.’”

But the employer is not all wrong. As a traveling saleswoman, her employer had an interest in knowing her whereabouts, however, where they crossed the line was continuing to monitor her off-hours. Employees were not permitted to disable any GPS tracking on the phone and they had to keep it on 24/7.

Under the Fourth Amendment of the Constitution, the government is prohibited from invading someone’s privacy without probable cause and a warrant. The present case deals with the private sector, however. The woman probably had no right to delete the app, because it is company property since it is on a company phone; however, she still could have disabled the phone off-hours and not be in any trouble. Under California law, where she lives, employers are prohibited from following her in this manner when she is off-duty. Many other states have the same prohibitions.

One convenient way (and perhaps the woman in this case could have used) of stopping someone from using a cell phone as a GPS tracker is to put the cell phone in the refrigerator. Apparently, that will block the signals coming in and going out.

Fighting a Parking Ticket

Posted by Azhanae Evely.

I am going to tell you about my first encounter with being inside of a court room.  I was given a ticket for “No parking in a handicap zone.”  Through this experience, I learned a lot about how to prepare for a court hearing and what it is like being in court.

I live in East Orange, New Jersey, and there is a requirement for the overnight parking.  In front of where I normally park are two handicap spots back to back.

I woke up one morning finding a parking ticket. The ticket stated, “Court Appearance Required: The undersigned further states that there are just and reasonable grounds to believe that you committed the above offense and will file this complaint in this court charging you with that offense.”

The very first thing to do if you get a ticket is read the ticket. I had never thought to turn the ticket over and read the print there. Had I not read the back of the ticket, I would have been missed these words:  “If you intend to plead not guilty, to the offense charged in this complaint and summons and have a trial, you must notify the court administrator . . . of your intentions at least 7 days prior to your scheduled court date. If you fail to notify the Court Administrator, it may be necessary for you to make 2 court appearances.” The original court date that was printed on the ticket was 3/3/16. However, when I called into the court’s administrator’s office 7 days prior to the court date, I learned that they had never set a court date. Had I not called, I would have gone on the date given to me just to have to come back because it was not scheduled.

The next thing I learned is how to fight a ticket. The first thing I did was take pictures of my car in the spot. I took multiple pictures from different angles. The weather also worked to my advantage because at the time it snowed a lot and the salt on the ground actually made a ring around where my car was which gave sufficient proof that I did not tamper with the car to make it look like I was never over the line.

I looked up the statutes on what is an offense to parking in a handicap zone. The New Jersey Handicapped Parking Law in (C.394:4-207.9) says, “Access to parking spaces, curb cuts, or other improvements designed to provide accessibility, shall be unobstructed.”  I found that having the information helped when going into court because it can aid you in determining whether to plead guilty or not guilty. I had decided that I wanted to plead not guilty.

In East Orange, they have everyone that has tickets for parking sit in one room, which I found weird because everyone could hear you.  I can see why they do it; it is about having an open trial. The first thing that is done is the roll call. After a little while, the prosecutor comes into the court room and calls everyone up one-by-one by last name.

The first thing the prosecutor asked me was why I was there. After telling him what kind of ticket I got, he asked me why I committed the offense. This threw me off because we learned in business law class that you are innocent until proven guilty; yet, he was taking the stance as if I was already guilty of the crime.  So, I told him I wasn’t in the spot. This is where I showed him the pictures that I had taken.

The pictures indicated where the signs began as well as that there was no sign behind my car. I also showed him that there was a car in that handicap spot, which means I was not obstructing the spot. After they hear from you, they either tell you the best plan of action, or like in my case, just tell you to sit back down.

While in court they do ask you to turn off your devices, so my suggestion is to always have hard copies. The judge was the one to read everyone their rights and even talked about how they could appeal. He even mentioned the fact that the court can decide whether to go to trial depending on the severity of the case. When it was my turn, they asked me to state my name for the court records which I did. Then at that point the judge let me know because of the sufficient proof I provided his prosecutor, the ticket would be dismissed. It is almost like depending on what you show the prosecutor in the beginning affects the judge’s decision.

So, because I took the time to actually make sure I had images of that moment really helped me. It was better going in knowing as much as you can about the system, because you do not ever know what can really happen.

Azhanae is a business law student at the Feliciano School of Business, Montclair State University.

AT&T to Refund $105 Million

Posted by Abier Mustafa.

Cell phone Company, AT&T, has agreed to pay back $105 million in what is being called ”the largest cramming settlement in history.” AT&T has been adding unauthorized charges to tens of thousands of customers’ monthly bills. The charges are usually for the amount of $9.99 per month, coming from third-party services, including trivia, horoscopes, and love tips.  ”AT&T is accused of keeping at least 35% of the fees, as well as obscuring the charges on bills and preventing customers from securing full refunds.”

There have been previous lawsuits against other cell phone providers besides AT&T.  For example, the Federal Trade Commission has filed a similar lawsuit against T-Mobile in the past also due to unethical charges to customers.  “For too long, consumers have been charged on their phone bills for things they did not buy,” Wheeler, the Federal Communications Commission chairman, said- “It’s estimated that 20 million consumers this year are caught in this kind of trap, costing hundreds of millions of dollars.”

AT&T has released a statement saying that they have provided customers with “Premium Short Messaging Services” in the past. However, they have discontinued third-party billing.  To resolve all claims, $80 million of the settlement has been set aside for customer refunds, along with $25 million in penalties due to regulators.

So if you’re an AT&T customer and have been wrongfully charged, you may be eligible for a refund!

Abier is a finance major at Montclair State University, Class of 2016.

Shanice Cooper Archives – Blog Business Law – a resource for business law students

Posted by Shanice Cooper.

In an article by Forbes Magazine entitled, Fake IRS Agent Scam Targets Public, Even Feds, while Identity Theft Tax Fraud is Rampant, Robert Wood outlines the seemingly growing issue of identity theft. This particular article takes a close look at how horrible identity thieves are especially during the inevitable tax season.

Identity theft according to Wikipedia, occurs when someone uses another’s personal identifying information, like their name, social security number, address or credit card number, without their permission or knowledge, to commit fraud or other injurious crimes. Identity thieves use the tax season to their advantage and flourish in it by secretly getting individuals’ personal information. How do they do this? One way is by simply calling an unsuspecting person and asking for their social security number, and bank account data: “The plan is frighteningly simple. Steal Social Security numbers, file tax returns showing false refund claims, and have the refunds electronically deposited.” The person doing the crime would call an individual and impersonate a government official; they would intimidate the person into giving up their personal information. “There is also a massive phone scam in which an impostor claiming to work for the IRS calls and intimidates you. You need to pay right away, and many do.” The article gave two popular ways in which identity thieves often steal information, but there are other ways.

In most cases, the taxpayer finds out that their social security number has been tampered with once they attempt to file a real tax return. However, by the time most people realize that they have been dealing with an imposter, the thief is long gone and often times untraceable. This tax season alone has had over 100,000 people affected by tax scams and is going down as the worst year for scams. “[T]he Treasury inspector general has already received more than 366,000 complaints, more than 3,000 people have been conned out of a total of $15.5 million.” These are outstanding numbers of innocent people who are being victimized by identity theft and tax scamming.

In conclusion, I think identity theft is horrible and no one should have to worry about having their information tampered. I personally know of individuals who have been affected by identity theft and have had to go through incredibly long processes to recover their credit. “In January 2015, a Maryland woman and former bank employee, was sentenced to 87 months in prison for her role in a massive and sophisticated identity theft . . . seeking refunds of at least $40 million.” Once the fraudster is caught they are faced with a number of felonies. In the end, committing the crime is not worth it.

Shanice is a business administration major at Montclair State University, Class of 2016.

Posted by Shanice Cooper.

On February 15, 2016, in an article by Julie Hirschfield Davis, she details President Obama’s attempts in trying to persuade Congress how important trade is for small business worldwide. The article outlines the importance of small businesses being able to have the global accessibility for trade deals outside of the United States. In hopes of pushing Congress to approve these global trade deals, Obama has been generating various ways to build networking partners to increase business opportunity for more small corporations, such as, “including a series of programs to promote exports from rural areas and help more small and medium-size American businesses sell their goods and services overseas,” says Davis.

In addition to Obama’s local business programs, which allows small businesses to maximize their potential, he has been planning to meet with international firms. The purpose of the meetings will be to have people who have been successful due international trade deals testify to the importance of it: “American workers and businesses have benefited from previous trade deals and stand to gain substantially from pending agreements with Asia and Europe.” Due to the trade deals, much of our everyday living essentials are met. If it was not for Asian or European trade deals would tech remain the same? “Mr. Obama’s team is armed with statistics that it says show that the United States has essentially no choice but to strike trade deals to open more markets to American goods.” However, the only issue the President faces in his attempts to help American business owners are the Congress itself.

While Obama makes a compelling case to the law makers in how the restrictions in international trade is harming American owned businesses, Congress is slowly changing, understanding how strongly the President feels about it. “Getting these trade deals done will benefit our businesses and middle-class workers, not just in rural communities, but across the country,” said Bruce H. Andrews, the Deputy Secretary of Commerce. According to administration officials, they believe the new agreements will help American workers by opening markets to United States products and improving environmental and labor standards around the world. I think it is important for the American economy to be able to continue to negotiate internationally, because we may need it for future generations.

Shanice is a business administration major at Montclair State University, Class of 2016.

FBI Archives – Blog Business Law – a resource for business law students

Posted by Michael Del Piano.

When people hear the word CPA, they think of an accountant that is normally behind a desk working on some taxes. However, this was not the case for Ronald L. Durkin. Durkin was not your ordinary accountant. Instead, he was an FBI agent that was working undercover to establish a business relationship between a crime ring and Durkin’s fake accounting firm. Durkin came into the face of danger early on in his investigation. When he was undercover eating dinner with some of the criminals, he accidentally pulled out his personal credit card to pay the bill. Luckily for him, he was able to get out of it by yelling at the waiter and accusing him of incorrectly charging them. This would not be the last time that Durkin would find himself in danger. On another occasion, Durkin was on SWAT duty and engaged in a fire-fight. After a great carrier, Durkin left the FBI to work in the private sector. Durkin worked for Arthur Andersen and then later was the partner in charge of fraud and misconduct for investigation for KPMG.

Another individual that did not follow the traditional path of traditional accountant was Letha Sparks. Sparks is well-known for her work of investigating a $100 million fraud involving life insurance policies. A&O Resource Managements Ltd.’s owners did not pay the premiums on the life insurance policies. Instead, they used the money to buy fancy cars and multimillion dollar homes.

Generally, people do not see accountants as crime fighters. However, forensic accounting has been widely used to catch white collar criminals. Accounting is one of the five “FBI Special Agent Entry Programs” that qualify an individual for possible employment. In fact, the FBI employs around 700 CPAs as special agents. They even have 600 forensic accountants employed. Another interesting fact is that not all of these forensic accountants that work for the FBI are CPA’s.

CPA’s and accountants greatly help the FBI catch criminals. I personally believe that it is important to let other people know the different kinds of roles that accountants can play. You do not always have to follow the traditional path of accountants and sit behind a desk doing taxes. There are other options available and the world needs forensic accountants to help catch criminals.

Michael is a graduate student in accounting with a certification in forensic accounting at the Feliciano School of Business, Montclair State University, Class of 2017.

Posted by Ismail Surakat.

This is a case between Southern District of Georgia and Vania Lee Allen, a native of Jamaica, who committed a fraud and falsely impersonating a United Sates FBI special agent in connection with an international lottery fraud arrangement based in Jamaica. According to the indictment, 30-year-old Vania Lee Allen was charged for conspiracy to commit wire fraud and also, impersonating United States employee. Allen and her co-conspirator from Jamaica illegitimately enriched themselves through fraudulent lottery plan, targeting elderly residents of Evans, Georgia.

According to this case, Allen traveled from Jamaica to United States in May 2015 and presented herself as an FBI special agent in order to convince her victim. Though, before getting to this stage, Allen had made some movement such as informing the victim by phone that they had won money in a lottery game and instructed them to make some certain payments to her co-conspirator in Jamaica for them to collect their lump sum winnings. She also discussed with a co-conspirator in Jamaica on how to impersonate an FBI using a fake law enforcement badge with the “FBI” logo and the words, “Federal Bureau of Investigation.” Upon arrival at the victim’s place, Allen presented as an FBI special agent and asked the victim to speak on-line with her co-conspirator in Jamaica. All of this was made to look real; no doubt elderly citizens can fall victim to this type of  fraudulent act.

The case was investigated by the U.S. Postal Inspection Service and the Columbia County Georgia Sherriff’s Office, and is being prosecuted as well by Trial Attorney Clint Narver of the Civil Division’s Consumer Protection Branch and Assistant U.S.  Attorney Troy Clark of the Southern District of Georgia.

If Allen is eventually convicted, she faces up to 20 years in prison for the wire fraud, five years for the conspiracy count, as well as, up to three years for the false impersonation count.

Ismail Surakat is a pre business major at Seton Hall University, Class of 2019.

Posted by Renaldo Nel.

Judge, Sheri Pym, of the United States District Court for the Central District of California, recently ordered Apple to assist the FBI in an investigation involving the San Bernardino terror attacks. The Apple iPhone belonging to one of the shooters, Syed Farook, was recovered by the FBI. The FBI wants to gain access to the iPhone, but faces security software that will wipe the iPhone’s memory after 10 incorrect password attempts. As a result, the FBI wants Apple to provide them with software that will enable them to unlock Farook’s iPhone, as they believe there is possible evidence on the phone.

Apple has appealed the decision made by Judge Pym stating “writing code is like speech, and so the request is a violation of Apple’s First Amendment rights.” Apple also argues that the government should not have the power to order a private company to alter its product. Apple wants to protect their consumers as they believe that creating a backdoor in the software compromises the security of all iPhone’s, including, iPhone users’ personal information, such as bank accounts and medical records.

The Department of Justice’s argument is that “it a single request for a single phone, and doesn’t not create a back door for bad actors, but rather a front door for law enforcement only when it has a warrant.” The Department of Justice is basing its argument on the All Writs Act of 1789. Apple believes that this law can simply not be applied in modern times and is long overdue for amendment.

Many tech companies such as Microsoft, Facebook and Google have stated that they support Apple. I am also in support of Apple. Firstly, it is known fact that the FBI has been hacked in the past and the probability that the software that the FBI is asking for will be leaked is huge. It would be catastrophic if hackers could get their hands on personal information such as credit cards in the Apple Pay function. Secondly, one should also take into account that people place faith in Apple to protect their personal data and if Apple is forced to provide this “unlocking software” they could suffer huge financial losses. Furthermore, if Appel loses this case it sets precedent in the tech industry and companies would in future be forced “to modify their products, on spec, for the FBI in ways that are contrary to their core values.”

I understand that the FBI wants to solve the case and protect the country, however their proposal opens the door for many other evils.

Renaldo is an economics major at the Stillman School of Business, Seton Hall University, Class of 2019.

Sources:

Apple V. FBI Encryption Case Shows That Lawsuits Are Inherently Polarizing

http://www.abc-7.com/story/31521736/apple-vs-the-fbi-in-2-minutes

Posted by Michael DeCandia.

The people support our government. The FBI is trying to keep our country safe from the terrorists that surround the world.  The FBI was trying to work with Apple to get the shooters phone so that the FBI would be able to access the password/information they needed to find where the shooter might be going next or where his next target might be. In the article, Why Apple vs. FBI Might be the Worst Cybersecurity Dilemma Ever states, “Apple argues that the FBI is imposing unfair burden on the company and is violating its right to freedom of speech.” In Apple’s eyes it may be an unfair burden, but the FBI is irritated that Apple will not work with them to stop an event from happening against the United States. Silicon Valley was scared that the FBI would over rule the tech industry and companies would not be able to protect their future products.

Individual devices and our national security are very important things when helping protect in the United States. The NSA and other organization like the CIA or the FBI are designed to keep the nation safe from any attacks. If this event were to happen in the future with a more serious group of dangerous people how would the people feel about their safety? In the article Why Apple vs. FBI Might be the Worst Cybersecurity Dilemma Ever states, “The US government has helped develop and spread user-friendly encryption technologies for precisely this reason.”

Criminals may feel safer that they will never get caught communicating, but for right now this is the best option for the people. By working together with technology companies the government can stop more criminals lurking on the Internet today. The more the people in our country work together, the more we can accomplish to make our country a safer place.

Michael is a marketing major at the Feliciano School of Business, Montclair State University, Class of 2018.

Posted by Andres Garcia.

Following the explicit shooting in San Bernardino, California, the FBI insisted Apple create a software that would aid them in their process of investigation. The proposed software would be inserted into the iPhone device belonging to one of the suspects in the mass shooting. The FBI asked Apple, Inc. after they could not guess the shooter’s password.

Apple, Inc. opposed the request and did not want to search their servers for the correct password. However, on Tuesday February 16, 2016, the court ruled that Apple must assist the FBI by handing out such private and confidential information. The decision enraged Apple CEO, Tim Cook, he stated that the verdict would invade the privacy of Apple customers.

I would definitely agree with Apple CEO, Tim Cook; the government ruling will greatly affect many personal lives. The decision may be unethical. I believe the government was in favor of the FBI. The court only looked at how the decision will positively affect the FBI at the moment. However, there can be harsher repercussion for individuals in our society. By granting the FBI permission to search someone’s data and information, the US government is essentially attacking a person’s privacy and security. The decision will sooner than later lead to more hackers infiltrating our personal devices.

Andres is an accounting major at the Feliciano School of Business, Montclair State University, Class of 2019.

Posted by Abul Hasnat Juned.

Apple Inc. and the U.S. government are headed to court because the government is trying to force Apple to hack into the iPhone of the dead San Bernardino attacker, Syed Rizwan Farook. The reason why the government’s wants to access Farook’s phone is that it may contain evidence regarding the San Bernardino shooting in which he killed 14 people.

Investigators are trying to find out what happened and also if there were any other collaborators from ISIS. Last month, Magistrate Judge Sheri Pym ordered Apple to create software to help the FBI disable security features on the phone. Also, the magistrate judge ordered Apple to make software that erases all the information from the phone if a password is wrongly entered more than ten times. If Apple creates such software, the FBI would be able to electronically run possible combinations to open the phone without losing data.

On the other hand, Apple risks losing business if they help the government in unlocking phones, because it would undermine the privacy of its customers. Apple wants to show that they are true to their customers. By taking a stand, they might bring in more consumers. There is also another risk for the Apple Company in unlocking the phone because phones could possibly be accessible to hackers and other countries. Companies, such as, Facebook, Google, Yahoo, and Microsoft are offering their support for Apple and using it as a market strategy to gain respect from the public.

Cindy Cohn, executive director of the Electronic Frontier Foundation, said, “It’s too much for the government to conscript a company into writing code that undermines the security of the products they sell.” While the government says that Apple has helped them to extract data from such phones at least 70 times for law enforcement, Apple says the government is trying to force them to create a software that does not exist. Apple is arguing that the government is violating the company’s constitutional rights by threatening the privacy of its customers. Apple is taking a stand not only for their customers’ privacy, but also for the company’s profit because if they help the government to access the phone, their business profits would rapidly drop.

Abul is an accounting major at the Feliciano School of Business, Montclair State University, Class of 2019.

A district court judge has ordered Apple to unlock a cell phone used by one of the shooters in the California massacre. Apple is fighting the order, claiming that doing so could make it easier to for anyone to hack into phones.

Apple has secret keys that can open up the software that it will not give to the FBI. The FBI also wants Apple to create a program that will permit it to hack into phones at anytime. The problem lies with a toggle in “Settings” that will make the phone delete all information on it if someone fails to put in the right passcode more than 10 times. This would make it impossible for the FBI to use a program that can guess random codes.

The case has Fourth Amendment implications for various reasons, including conscripting a private entity to become a government agent.

Posted by Samar Baeshen.

The Fourth Amendment to the U.S. Constitution reads” The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The amendment protects people from unreasonable searches and requires the police to have a warrant. However, there are a considerable amount of debate of whether the cell phones of people who are arrested can be searched without having a warrant.

According to an October 21, 2015 news article in the NBC news, “Feds detail how they secretly track Americans’ phones.” In a testimony, some long-concerns about how Feds utilize secret devices to track Americans ‘cell phones were clarified by Federal law enforcement officials. Regarding the secret devices, for many years police have been utilizing Stingray device which connects someone’s phone with cell phone towers.

Congress has been informed that Stingray devices are not using to track calls or messages but to locate someone. Moreover, new rules have been issued by the Department of Justice regarding the lack of warrants of tracking cell phones. However, agency officials confirmed that there are some situations do not require warrants. Therefore, many arguments have been raised that Americans’ phones ought to be protected according to their Fourth Amendment rights.

Lastly, according to ACLU technologist Christopher Soghoian, the nation’s leading expert on Stingrays, the FBI has begun using the device for almost 20 years, and this is the first congressional hearing. The agreements about Stingrays between the FBI and local police are secret. However, due to the legal battles led by the American Civil Liberties Union this becomes public.

Samar is a graduate student in accounting at the Feliciano School of Business, Montclair State University.

Posted by Michael Habib.

A growing and popular phenomenon in the U.S. is fantasy football. A person reported by The New York Times won $350,000 on FanDuel in a contest. There are two companies that dominate the fantasy football market: FanDuel and DraftKings. “The two companies together enjoy 95% market share of the daily-fantasy industry, have come under the harsh light of regulatory scrutiny, with investigations launched by the New York State Attorney General and the FBI,” according to Daniel Roberts. Both of these companies ecently have been banned in the State of Nevada. The State of Nevada Gaming Control Board ruled that all unlicensed daily fantasy sports companies must cease and desist in the state. It is very ironic in the state with the largest gambling industry shuts down two major fantasy football companies.

Many argue that fantasy football is not gambling, but more skill. Nevada labels it as gambling and not a game of skill; now these companies need to obtain a gambling license to continue to do business in Nevada. Companies such as Draftpot, StarsDraft and even Yahoo’s daily fantasy football also now needs to obtain the gambling licenses. However, other state’s laws differ on the definition of gambling. In “Kansas a contest must prove only that it involves more skill than change.” In “Tennessee and Arkansas, the contest must prove it involved no change and all skill.” Currently, these companies operate in 44 states. Since some state laws are unfriendly to the gambling business, it affects fantasy football drastically. FanDuel and DrafitKings stated that this will only be a growing problem, however they will fight to have everybody back to enjoying the contest.

Michael is an accounting major at the Stillman School of Business, Seton Hall University, Class of 2017.

Hacking into computer systems is nothing new, and government and businesses alike have always been aware that they must be one step ahead of computer criminals. But the attack on Sony Pictures Entertainment was more than that. It was a shot across the bow in what appears to be a potentially rampant future form of warfare. As a result, every cyber attack on government or business systems must now be carefully examined to see whether it is either criminal or an act of war.

In the face of evidence from the FBI that North Korea was responsible for the Sony attack, senior Republican senators disagree with the administration that it was only a form of “cybervandalism.” Sen. McCain stated this attack “is a new form of warfare, and we have to counter that form of warfare with a better form of warfare.” Sen. Lindsey Graham called “the cyberhacking ‘an act of terrorism’ and suggested re-imposing sanctions on North Korea and adding the country to the terrorism list.” In 2001, President George W. Bush called North Korea part of the “Axis of Evil,” along with Iran and Iraq.

The FBI concluded the attack on Sony was evidenced by IP addresses directly linked to North Korea. This attack was similar to those that occurred last year against South Korean banks and media outlets. The FBI stated:

We are deeply concerned about the destructive nature of this attack on a private sector entity and the ordinary citizens who worked there. . . . Further, North Korea’s attack on SPE reaffirms that cyber threats pose one of the gravest national security dangers to the United States. Though the FBI has seen a wide variety and increasing number of cyber intrusions, the destructive nature of this attack, coupled with its coercive nature, sets it apart.

North Korea’s actions were intended to inflict significant harm on a U.S. business and suppress the right of American citizens to express themselves. Such acts of intimidation fall outside the bounds of acceptable state behavior.

There will most likely be more cooperation between business and government in sharing information and technology. Only together can this new threat to our national security and economy be defeated.

Libyan Wealth Fund Seeks Damages in International Court

Posted by Gerald Wrona.

Interesting. That is one word to describe the NY Times report on the pre-trial proceedings of the Libyan Investment Authority’s (LIA) suit against Goldman Sachs (Anderson). Acting as broker-dealer to the sovereign wealth fund, Goldman established a relationship with the fund’s managers in 2007. A year later, Secretary of State Condoleezza Rice was visiting Moammar Gadhafi in Libya’s capital to devise a “trade and investment agreement . . . which will allow the improvement of the climate for investment.” (Labbott). Shortly after that promising convention between the two political heads, Goldman and the Authority finalized the agreement and the bank sold derivative products totaling $1 billion to the LIA. Then the housing market “opened its mouth” and out came the demon of the subprime mortgage crisis.

Understandably, the LIA felt exploited. They bit the bullet. Their lawyers came to the London High Court armed with notions that those managing the sovereign wealth fund were ineffectual in understanding the investments presented to them by Goldman. To add insult to insult, they further asserted that the fund administrators were altered in their judgment by Goldman representatives’ leadership role in incidents allegedly involving the recreational consumption of alcohol and visits paid to what may have been brothels, or some other manufacturer of night entertainment, though a witness statement does not specify. Considering that it would never have been in Goldman’s interest to spend more time carousing then working on the deal with the authority, it is highly unlikely that the time spent in leisure outweighed the hours dedicated to the investigation of the necessary facts of the deal.

Though it is worth noting that Goldman has already been ousted for luring investors into crummy deals and then betting against those deals to increase revenue. This is how Goldman actually made money off the subprime mortgage crisis (Cohan).

Will evidence be disclosed that suggests Goldman dealt with the LIA in a similar way? It’s impossible to know. I believe the judge will find that the heart of the matter is whether Goldman conducted due diligence in their dealing with the LIA. For that reason, Robert Miles, one of the attorney’s representing Goldman, would do well to look to the Securities Act of 1933 for support. It states: “If a Broker Dealer conducts reasonable due diligence on a security and passes the information on to the buyer before a transaction, the Broker cannot be held liable for non-disclosure of information that was not found during the investigation.”  Securities Act of 1933, SEC §§ 38-1-28 (SEC 1933).

The trial is expected to start next year.

Gerald is a Business Administration and MIT major at Montclair State University, class of 2017.

Best Buy Selling Recall Items

Posted by Mariafernanda Ayin.

Best Buy is considered one of the biggest electronic selling corporations, but not even the biggest companies can avoid problems. Best Buy has been selling products like TVs, computers, and appliances such as washing machines that have had recalls.  These recalls have been one of the biggest headlines in the past couple of months in the electronics industry.

Federal Law states that it is illegal to sell and distribute products to consumers that have been publicly recalled. Best Buy, allegedly knowing that they were selling recalled products, told the U.S. Consumer Product Safety Commission that they had created measures to stop the risk of selling recalled products, however they continue to do so. Therefore, U.S. Consumer Product Safety Commission decided to penalize Best Buy because the company was not able to effectively create procedures to be able to identify, separate, and avoid selling recall products. In addition, Best Buy failed to block the product code which caused them to get erroneous information that indicated that the recall product was not in inventory.

Best Buy is being blamed for selling over 16 different products and a total of 600 recall items from September 2010 through October 2015—400 of the items being Canon cameras. Some of the items sold had a risk of skin irritation, and even catching on fire, which could have caused enormous harm to the customers. Best Buy is a company that has shown a clear lack of ethics by knowingly selling and distributing recall products just to make a profit, not caring about the well-being of their customers. This unethical act caused Best Buy to settle and pay $3.8 million of civil penalty in thirty days and in addition the company needed to create a compliance program to show that they are strictly following the laws and regulations of the Consumer Product Safety Act.

After the settlement was made, Best Buy sent a spokesperson to publicly address the situation, making an announcement after the settlement, “we regret that any products within the scope of a recall were not removed entirely from our shelves and online channels. While the number of items accidentally sold was small, even one was too many. We have taken steps, in cooperation with the CPSC, to help prevent these issues from recurring.” (Kieler).

This whole dilemma that Best Buy has been through has put them in the eye of the public, and could of possibly affected their sales. However, they still remain one of the biggest companies in the electronic business, and most likely will surpass this situation.

Mariafernanda is an accounting major at the Feliciano School of Business, Montclair State University, Class of 2019.

Italy, US Joint “Operation Columbus” Brings Down Drug Ring Run Out of a Pizzeria

In class, we discuss organized crime and its effects on business and society. Recently, Italian special agents, SCO, and the FBI arrested 13 persons in Calabria, Italy, allegedly connected with the ‘Ndrangheta crime family.

With affiliates in the U.S., the suspects were organizing cocaine shipments out of Costa Rica. Authorities arrested them in the middle of the night while they were sleeping and charged them with conspiracy to run an international drug trafficking ring.

The year-long investigation was named “Operation Columbus” and was jointly-led by federal authorities in Brooklyn and prosecutors in Calabria. Gregorio Gigliotti, an owner of pizza shop named “Cucino A Modo Mio” (I Cook My Way), located in Queens, NY, was arrested along with his wife and son. Italian investigators said they had information that he spearheaded the ring. “The Italian restaurant was the command center for bringing some drug shipments to New York and sending others to Europe or Calabria,” Grassi told reporters in Rome. The suspects allegedly shipped cocaine in crates containing cassava, a South American root vegetable.

According to the article, the ‘Ndrangheta has become Europe’s biggest cocaine dealer and has supplanted the Sicilian mafia as the major partner to the New York crime families.

Fake IRS Agent Scam Targets Public–Identity Theft Tax Fraud is Rampant

Posted by Shanice Cooper.

In an article by Forbes Magazine entitled, Fake IRS Agent Scam Targets Public, Even Feds, while Identity Theft Tax Fraud is Rampant, Robert Wood outlines the seemingly growing issue of identity theft. This particular article takes a close look at how horrible identity thieves are especially during the inevitable tax season.

Identity theft according to Wikipedia, occurs when someone uses another’s personal identifying information, like their name, social security number, address or credit card number, without their permission or knowledge, to commit fraud or other injurious crimes. Identity thieves use the tax season to their advantage and flourish in it by secretly getting individuals’ personal information. How do they do this? One way is by simply calling an unsuspecting person and asking for their social security number, and bank account data: “The plan is frighteningly simple. Steal Social Security numbers, file tax returns showing false refund claims, and have the refunds electronically deposited.” The person doing the crime would call an individual and impersonate a government official; they would intimidate the person into giving up their personal information. “There is also a massive phone scam in which an impostor claiming to work for the IRS calls and intimidates you. You need to pay right away, and many do.” The article gave two popular ways in which identity thieves often steal information, but there are other ways.

In most cases, the taxpayer finds out that their social security number has been tampered with once they attempt to file a real tax return. However, by the time most people realize that they have been dealing with an imposter, the thief is long gone and often times untraceable. This tax season alone has had over 100,000 people affected by tax scams and is going down as the worst year for scams. “[T]he Treasury inspector general has already received more than 366,000 complaints, more than 3,000 people have been conned out of a total of $15.5 million.” These are outstanding numbers of innocent people who are being victimized by identity theft and tax scamming.

In conclusion, I think identity theft is horrible and no one should have to worry about having their information tampered. I personally know of individuals who have been affected by identity theft and have had to go through incredibly long processes to recover their credit. “In January 2015, a Maryland woman and former bank employee, was sentenced to 87 months in prison for her role in a massive and sophisticated identity theft . . . seeking refunds of at least $40 million.” Once the fraudster is caught they are faced with a number of felonies. In the end, committing the crime is not worth it.

Shanice is a business administration major at Montclair State University, Class of 2016.