Two Scenarios Of False Information And Destroying Computer Evidences (Essay Sample)

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Cyber Law
Question 4
The given scenario presents a very bad picture of the company in question. Misdating, backdating, and knowingly giving misleading financial documentation can lead to irregularities that might further result to the suffering of the company’s corporate governance from the general deficiencies and may be a signal of a crucial problem with its internal. For instance, in this case, where the SEC has charged the company, there are expectations of so many shortcomings and changes in the organization. The worst thing is that the SEC is claiming that the company did the backdating of the documents deliberately. Therefore, this is a serious offense.
According to Ferrera, Reder, and Lichtenstein (2011), the broadest federal statute that criminalizes lying is 18 U.S.C. § 1001. It states that it is a crime to willfully and knowingly make any materially false, fraudulent, or fictitious statements in the course of any matter of the Confederate government. Therefore, the company is liable for making the false statements, which is not acceptable by the law and it may lead to big fines imposed on the company. On the contrary, the company’s management might end up setting up strict rules for the employees due to the risk they are causing the organization. Further, the management will carry out an investigation to determine the people responsible for the backdating the documents, thus, leading to the unhealthy working environment and loss of jobs by even innocent employees.
Question 5
In many occasions, people would probably try to do anything they can to destroy or conceal evidence when caught up in a police investigation or when facing criminal charges. The action of Becker destroying the evidence by dumping the computer is against the law and that may land him to huge problems (Ferrera, Reder, and Lichtenstein). Therefore, several results may occur in the given case. First, it may be a standard for a motion to consider. The court may decide to amend or alter under the federal rule that there is a newly discovered evidence or there has been a manifest of the facts about the law. Once this is done, the district law is not supposed to issue the defendant a do-over because of obtaining new counsel. Therefore, the cas...