ilt fPom inuhH different uaint IT and states (diversity of citizenship) and $75,
ID: 432984 • Letter: I
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ilt fPom inuhH different uaint IT and states (diversity of citizenship) and $75,000 or more at issue; opinions reported in Federal Supplement Questions and Problems 1. The brokerage firm of E. F. Hutton was charged with federal criminal violations of interstate funds transfers. In reviewing the case, the lawyers for the overnment discovered internal memoranda from and th between branch managers in several states that outline fat a process for check kiting (a literal stringing together of In checks and deposits) that enabled E. F. Hutton to earnan interest on phantom deposits. Where will the case be SO tried? Which court system? Which court? Why? dif bri in fec What are the lawyers' obligations with respect to the documents? What is the company's obligation? If you were a manager at E. F. Hutton, would you voluntarily disclose the documents to the government? 3. Pu sa ma 2. Pharmaceutical manufacturer Merck is experiencing rec ongoing litigation over its drug Vioxx because of customers who say they had cardiovascular side effects co trom taking the anti-arthritis pain drug. As of mid-2007, for rec is was facing 9,500 lawsuits that a federal judge f the ruled could not be tried as class actions because oExplanation / Answer
The brokerage firm of E. F Hutton was charged with federal criminal violations of interstate funds transfers. The lawyers for the government then discovered internal memoranda from and between branch managers in several states that outline process for check kiting that enabled E. F Hutton to earn interest on phantom deposits. This case would be tried at the Federal District Court under the Federal Court System because the Federal District Court involves cases in which the parties are from different states and the damage claims exceed $75,000 (Jennings, 2015)
The obligation of the lawyer is to draft the documents with the complete facts and transactions of the fraud that was committed. While the company has the obligation to show all the correct financial statements that caused the fraud as well as to take steps in order to avoid any future possibilities of having any more frauds (Jennings, 2015). Disclosing the documents to the government as a manager would not be preferred because it is the manager’s duty to inform the directors about the situation and find ways to avoid the fraud from continuing to happen.
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