Thank goodness! The day is almost over at Gimme & Aye… or so you thought. You have been interning at the Law Offices of Gimme and Aye for the summer, and you have been exposed to many legal issues. The hours have been long but rewarding.
As you daydream about your upcoming weekend, Bob busts into the office. Bob’s reputation precedes him. He has a track record of getting himself into trouble.
Jim, the boss, flags you over.
Jim: “I know Bob got himself into trouble again. Take his statement, ask questions as you need, then come back to me for further instructions.”
You sit with Bob to take his statement.
You: “Hello Bob, I am here to take your statement.”
Bob: “Hi there, I may have gotten myself into trouble. I am out on bail. I came straight here as soon as I could.”
You: “Do you know why you were arrested?”
Bob: “they said something about a RICO violation. Then they brought a few other things that I had done, and yada yada, bla bla”
You: “Well why don’t you take it from the top, so that we can analyze this better?”
Bob: “Okay, here is goes. I worked at the Bait shop for about a year and half. Everything was going well in the beginning. I handled the financing, and other money stuff, while the other employees handled the other customer-facing parts of the business. “
“Then one day, I found out how much the business owner was making. Then I compared it to how much I was making. It made my blood boil. So, I starting to move the money around to that I could take a little extra for myself. The business owner never found out until recently.”
“Then, the business owner, went and opened another store across town. He then sold to me the original store. So, I thought to myself, ‘what am I going do with this store? I would rather just have some money.’ And that is when it hit me. If there was ‘an accident’, then I could just collect on the insurance money. So, I struck a match, dropped it, and let the place burn to ground.”
“I was okay with what I did, but I thought now I have the money that I took when I handled financing, and the insurance payout – I am going to have to do something with this money to make it legit. So, I invested it in a coffee shop that was one town over.”
“I am not sure how the law caught up with me, but they did, and they keep talking out RICO. I don’t have much else to tell you.”
You: “Okay think that is all that I need to get started. Thank you.”
Bob leaves, and you report back to Jim.
Jim: “At first glance, this is a RICO violation. For your report I will need the following:”
1. There are at least two crimes described in the above fact pattern (story). Name two of those crimes and define each.
2. Does what Bob told meet the steps required to violate RICO? Clearly state your conclusion and fully explain your reasoning for that conclusion.
3. I will need a minimum of two (2) Paragraphs for your report. Also write in complete sentences and DO NOT use lists.
Jim: “Just like you did on the other case, I need you to take Abigale’s statement and ask questions as needed. When you are done, come find me, and I will provide you with additional instructions.”
You go to introduce yourself to Abigale.
You: “Hello Abigale, I will be taking your statement.”
Abigale: “Thank you. As you know, I have worked with Jim for a number of years, and I know the drill. Let me start from the beginning.”
“I own a construction business. To bring in new clients requires a lot of time that I do not have. So, I contracted with a man by the name of Frank. He agreed to bring clients to me for negotiation or he would negotiate on my behalf under my strict instructions. Frank agreed to the arrangement and would only bring clients to me for construction jobs.”
You: “So, I take it that you are here because something went wrong.”
Abigale: “You are correct. I recently found out that Frank was starting his own construction company and was taking my prospective clients for himself. That is what brings me here today.”
You bring the information back to Jim. Jim speaks as he reads through your notes.
Jim: “Okay at first glance, it looks like Frank breach a duty he had toward Abigale…and that duty came out of an Agency relationship…. okay, I think I have the basics here.”
“Here is what I want you to do:”
1. There is an Agency relationship here. To prove this, I need you to define how an agency relationship is formed and explain how the facts of Abigale’s case fit all the parts in that definition. Once we have proven that all the parts of an agency relationship are present, we will then be able to prove that there was a breach of that relationship.
2. There is a breach of Franks duty to Abigale. What duty (or duties) to Abigale has Frank broken? Don’t just list the duty (or duties). You will need to explain to me how the duty was breached.
3. Once we prove that there was an agency relationship and the duty (or duties) of that relationship were broken, we will then be able to seek a remedy. Please explain what remedies are available to Abigale.
I will need a minimum of three Paragraphs for your report. Also write in complete sentences and DO NOT use lists.
Finally, your day is done. But before you leave for the day, you remember one more assignment that Jim, your boss, asked you to look into. Jim asked you to do the following:
1. Name any company.
2. What do you think is an important legal concept for that company to know? (Choose any legal concept in your textbook).
3. Provide a definition of that legal concept.
4. Explain why it is important for the company you named (in part A) to know legal concept you named and defined (in part 2 and 3)
I will need a minimum of One Paragraph for your report. Also, write in complete sentences and DO NOT use lists.
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