Business Law Essay Example on the Case of Forging Checks

Dear Fred and Sally,

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Hello Sally and Fred, hope you are faring on well. Having gone through your enterprise's case; some illegalities call for legal advice on how to handle the situation appropriately. The legal justification you have against Jane for forging checks to Don is the presence of evidence. It is seen that Jane faked books in an attempt of hiding her stealing activities. She forged both Sally's and Fred's signatures to get out of the trouble except in Don's case. The Don's check writing incidence can be a source of confirmation to pin down Jane to the situation. The legal cover should be successful because the proof illustrates that Jane took, used, kept or hid the money without the permission and knowledge of the other members of the corporation (Schneider, 2014). Jane was able to fake books of the corporation an indication that she was in a position to conduct the embezzlement and use the money for her gain.

However, the stated legal justification can fail, this is because Jane can defend herself by settling on the fact that she wrote the check for a good intent or legitimate purpose. The case illustrates Jane was working towards repaying her gambling debts, an indication that she was returning the fraudulent cash. Evidence insufficiency can also cause the failure of the constitutional protection, in this circumstance only one proof is obtained, this might be inadequate for settling a court ruling (Schneider, 2014).

The case study illustrates that Jane cashed the check she wrote to Don and offered the money to the church as a way of dissolving her guilt. The authorized justification your corporation associates have towards Jane for delivering Don's Check to the Church is the act of hiding evidence (Schneider, 2014). However, the legal cover can be unsuccessful as Jane can defend herself by claiming that she delivered the money to the church as an offering of good-will.

The civil claims you have against Jane are the Tort claims. A 'tort' illustrates the wrongful doings Jane deed to your enterprise by forging books to steal money from your business. Her actions have brought Fred's cough syrup business to an edge of bankruptcy. The claim is successful as Civil cases comprise of encounters between institutions and people such as the scenario at your organization. With the presence of evidence that the increased embezzlement at the enterprise has resulted in the impoverishment of the corporation, the court ruling might ask Jane to stop her fraud activities as well as offer restitution to the company as a way of repairing the damage caused (Siddiqui, 2012).

The business bankruptcy forms present at your firm are the Personal and business impoverishment. The company members have various debts which are overwhelming to restructure, for instance, who has a van auto loan. The personal liquidation, on the other hand, is focusing on the proprietors of the company. In this scenario, the individual bankruptcy is more useful as it will give you a chance to file a settlement program with the court outlining on how you would pay your corporation's depts. The implications of the personal bankruptcy on your business will be retaining of property and the enterprise's assets as you will be able to pay back your loans depending on how much you raise from the corporation (Siddiqui, 2012).

The legal remedies towards your company due to Bob's IP infringement actions include the enforcement of a Momentary Restraining Directive and Permanent or Preliminary Ruling to prevent or even stop further cases of online violation. The step will be successful as Bob will be entirely barred by the law from performing any form of online breaches associated with your corporation (Bradshaw, Bowyer, and Haufe, 2010).

Hoping your organization will be able to overcome the faced obstacles and forge forward for more significant gains.

Yours Sincerely

............

The client

References

Bradshaw, S., Bowyer, A., & Haufe, P. (2010). The intellectual property implications of low-cost 3D printing. ScriptEd, 7, 5.

Schneider, F. (2014). Money laundering and financial means of organized crime: some preliminary empirical findings. Global Business and Economics Review, 10(3), 309-330.

Siddiqui, S. A. (2012). Business bankruptcy prediction models: A significant study of the Altman's Z-score model.