General concepts and principles

Statute of limitations: These are laws which set limitations in terms of time for filing of lawsuits within a certain period of time when the event has happened and that event is the reason for the lawsuit. These limitations vary from state to state, the cause for the suit and the reasons for the case. When a case is started after the limitation is over, it will be summarily rejected by the courts. (the Lectric Law Library's Lexicon on Statutes of Limitations)

Monoculture: This is an idea taken from biology. The term "monocultures" are species which do not have much of genetic variations and thus can get wiped out with epidemics easily. These are species which generally have a single vital flaw and are very susceptible to viruses that can exploit that flaw. When the product has diversity in its genetics, then all the specie cannot be wiped out in this manner, and it is likely that some will survive the attack. This example was given for Microsoft having software that is now a threat to security of global software. When the expert used this analogy in his decisions, then he was fired from Microsoft, but started a serious discussion in information technology. (Warning: Microsoft 'Monoculture')

3. Rights of Indigenous Peoples: It is now accepted that there are links between changes of environment and the rights of people indigenous to that region. This happens due to their cultural and economic settings as also their treatment of environment. This was a sensitive subject and was accepted by United Nations in chapter 26 of Agenda 21. This identifies different methods through which agencies can improve the role of these communities for development of the region. The specification in the agenda states that "in view of the interrelationship between the natural environment and its sustainable development and the cultural, social, economic, and physical well-being of indigenous people, national and international efforts to implement environmentally sound and sustainable development should recognize, accommodate, promote and strengthen the role of indigenous people and their communities." (Rights of Indigenous People)

4. Indicator Species: In any part of the world not much disturbed by man, there are some plants and animals to be seen that are most abundant. These can be seen very easily and also indicate the type of the ecosystem. Indicator species can also be viewed as a standard in looking at similar communities. Plants depend on certain types of soil, topography and climate as they have adapted to that climate through biological changes. Similarly, certain types of animals are also seen maximum in certain areas. (Indicator Species)

5. Moral Hazard: This is a risk that every party who enters a contract faces. The risk is that the other party has not got into the contract in good faith, or has deliberately given incorrect information about its assets, liabilities or credit capacity; or is even likely to take desperate risks so that the organization can earn high profits even before the contract between the two parties end. This is a risk that can exist when any contract is entered into, by any party. (Moral Hazard)

6. Free Trade vs. Fair Trade: The two systems are today unequally positioned in the world. The theory of corporations and governments is that free trade will benefit workers through increase in wages and benefits due to the sale in foreign markets through cheap imports from foreign countries. This has led new agreements to come up like North American Free Trade Agreement or NAFTA and the General Agreement on Tariffs and Trade or GATT. These are free trade agreements which provide global protection for property and intellectual rights, but do not have any clauses for the protection of workers and the environment. Opposing this are the fair traders, and in their system, there is respect for worker's rights and the environment. This can help to remove a lot of inequities that are taking place in the world as also environmental degradation. Their impact on the economic scene is low, and total business generated by them in all their organizations of Europe and United States just amount to $400 million - just 0.01% of the trade that happens in that area. (Why Fair Trade? A Brief Look at Free Trade in the Global Economy)

7. Iron Law of Social Responsibility: This is a theory in sociology which says that if a user does not use the power that he or she has in a responsible manner, then the society itself will take some actions so that the person loses the power that is with them. (the Business/Society Relationship) the only problem is that in the present day world, there are many other ways of loosing power, and the new power holder may not be blamed for the acts of the predecessor.

8. Triple Bottom Line: Generally the fiscal policy of a government depends on the social and natural deficiencies that exist in that economy. Yet when the government is a democracy, the chances are that the policy adopted will be more due to ideology than economic considerations. On the other side is the reality that the earth has limited carrying capacity for individuals, and today that is about to be reached. Thus there is a requirement to take action that will ensure that the earth's systems do not breakdown themselves. This has been tried with studies of nature's services and assessments of the value of the earth. This led to the Kyoto Protocol and tried to evaluate the price differences between costs of life in the developed and undeveloped nations. The finally generally accepted figure was that developed nations have to pay 15 times more for the loss of life as compared to underdeveloped nations when this happens due to climatic changes. This is now viewed as the first of essential steps that must be taken by governments to reduce the damage they are jointly causing the earth. The triple bottom line takes place from the benefits to earth, global eco-systems, etc. This point-of-view is seriously taken by greens. (Triple bottom line)

9. SRI: One of the institutions that this is the short form for is the Southern Research Institute. This is a network of many centers which collaborate with each other for developments in science and technology. In the field of achieving creative and innovative solutions for public and private sectors, it has existed for 60 years. It has played an important role in pharmaceutical sciences, homeland security, automotive, engineering, and environment and energy industries. (About Southern Research)

10. ATCA: This was established in Washington DC in 1956 by a group of air traffic controllers. Air Traffic Control Association has been totally focused on a progress in the science of air traffic control and preserving a safe environment for flights. (About Us: A lasting partnership... born of dedication and cooperation)

Question 2a Why might it be hard for prosecutors to achieve criminal convictions in such cases?

All federal criminal procedures are applicable to white collar crimes. The cases have to be under the Fifth Amendment's Self-Incrimination Clause or under the Fourth Amendment's prohibition against unreasonable government searches and seizures. In the Fourth Amendment, the Constitution of United States stops the government from carrying out "unreasonable searches and seizures." Thus the requirement comes that in cases of white collar crime, the evidence comes through grand jury subpoenas. It is rare when searches and seizures may be carried out in such a case. When the people accused are not cooperative, it is rather difficult for the government to gain any conviction. (Understanding White Collar Crime)

2b. What purposes are served in prosecuting such cases?

The term 'white collar crime' was first used by the criminologist and sociologist Edwin Sutherland in 1939. His definition was that the crime was "committed by a person of respectability and high social status in the course of his occupation." He also included crimes committed by corporations and legal organizations in this category of crimes. The situation has changed and a new definition was given by United States Department of Justice. This defined white collar crime as being non-violent crimes carried out for financial benefits through the efforts of individuals who are professionals, semi-professionals or entrepreneurs. They use their special knowledge in a manner after finding out opportunities for financial gain. It is also committed by others who have special technical knowledge regarding business and government. The prosecutors would definitely like to bring these people to justice as they have caused huge financial losses to the federal, state or local governments; or to private organizations and the public. United States Supreme Court has accepted the seriousness of white collar crime as being a very serious problem for law enforcement authorities. (Understanding White Collar Crime)

2c Is Sarbanes-Oxley achieving its stated objectives?

Let us first look at Sarbanes-Oxley Act of 2002 and this was codified by Congress as a part of a criminal code. This states in brief that the punishment for the offense will also be the punishment for attempting to commit the offense. This seems to be serious, but most of the people committing the crime are being released by the courts. (Understanding White Collar Crime)

Question 3a: What is a FOIA request and is it likely to be granted?

The request is under the Freedom of Information Act, and it is targeted to the United States Department of Justice, and there is no reason to think that the Department of Justice will refuse to reply. The question is of political interference occurring affecting the trial in the last stages of the trial against the cigarette industry. Let us not assume that the Department of Justice is now being totally controlled by the politicians, and that is why they will stop from replying. At worst, there will be the appointment of a committee to investigate and look into the matter. Even that will help the cigarette industry as they will get more time, which is probably what they are looking for. As for the legal theory supporting the change of mind by the Department of Justice, it is difficult to point out any reasons, but there may be some other considerations which may not have been made public. (TPLP to issue a Freedom of Information act request to U.S. Department of Justice over dramatic retreat in Tobacco Rico Trial)

3b. What is RICO and how is it being applied in this case?

RICO is the Racketeer Influenced and Corrupt Organization Act. This act has been applied by the civil division of the Department of Justice in this case after the cigarette companies were brought under the civil provisions of the act. These enforcers have done a good job in showing that the cigarette companies had violated the law and thus set up a racketeering organization. At the same time, there are now rulings from the United States Court of appeals which find this action not in order. The basic question is whether RICO can be used for stopping these actions. It is a legal controversy, and it is best left to the experts to continue arguing about these, as there will be interpretations and counter-interpretations. (TPLP to issue a Freedom of Information act request to U.S. Department of Justice over dramatic retreat in Tobacco Rico Trial)