The Universal Commercial Code, Banks, and Fraudulent Activity

What happens when a bank accepts a check with a forged endorsement? Who suffers the loss? Who is liable? Where can these answers be found? Check fraud law is governed by Articles 3 and 4 of the Uniform Commercial Code (UCC). The National Conference of Commissioners on Uniform State Laws and the American Law Institute created the Uniform Commercial Code in a joint effort. It took over ten years to originally draft the UCC, and a further fourteen years for the UCC to be implemented across the country. The creation of the UCC began in 1940 in an effort to attack major commercial problems with comprehensive legal solutions The UCC allows commercial organizations to do business across jurisdictional boundaries with confidence because these†¦show more content†¦It seems that the company does not think it feasible to try to recovery their loses from employee, Lisa Leslie, and therefore goes after the bank for allowing her to steal from them. Is the bank at fault? Does the bank have an obligation to their customers to protect them from fraudulent activity? In short, yes. Customers trust banks to do just that. In this case, the bank did what it was supposed to do. The court held that a corporate resolution given to the bank and a signature card gave the officer authority to endorse checks for deposit to the account, and to draft checks from the account, so the bank was not liable for conversion. These documents were unambiguous. The resolution and signature card clearly let the officer act for the company regarding the account, including withdrawing money and endorsing checks for deposit. The fact that she was not specifically designated as an officer in the resolution was irrelevant. Her acts did not violate the authority the resolution gave her, and whether she violated company policy related to her abuse of authority, not a lack of authority. The bank was not liable for such abuse. Given her authority, nothing put the bank on notice of her illegal activity, so theShow MoreRelatedThe Means Whereby IT Managers as Purchasing Agents Participate in Fraudulent1930 Words   |  8 PagesPurch asing Agents Participate in Fraudulent Activities †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦..†¦...5 Recommendations For Measures or Actions That Chief Information Officers (CIOs) or Chief Technology Officers (CTOs) Might Mandate to Reduce Fraud and Other Unethical Practices While Protecting the Reputation of the Organization and the Infrastructures of Computer Systems †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦.7 How These Measures Would be Useful and Reduce the Amount of Fraudulent Activities..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Read MoreReport on Corporate Frauds in Bangladesh5564 Words   |  23 Pagesspite of certain exceptions not much development or research has been done regarding corporate fraud in Bangladesh. Even among the available secondary data, only a few actually highlights the poor condition of auditors in the country. Though Bangladesh bank amp; other governing bodies like SEC has been more cautious amp; have started taking necessary steps recently, they aren’t sufficient enough to better the condition. Several steps need to be taken to reduce corporate frauds amp; auditors involvementRead MoreBanking Laws and Jurisprudence Reviewer41247 Words   |  165 PagesINTIG, JOY ESTELA DE JESUS, TRACY ANN. 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Characteristics of an offer Offer: Proposal; Invites acceptance; With a willingness to enter into a contract upon acceptance. An offeror will have made an offer where it appears to a reasonable person in the position of the offeree that an offer was intended. Subjective intentions are irrelevant. Examples

Racial Impact Statements Considering The Consequences Of...

In Jessica Erickson’s article I reviewed titled, Racial Impact Statements: Considering the Consequences of Racial Disproportionalities in the Criminal Justice System, the article addresses how the American Criminal justice system has been suffering from the dramatic increase in mass incarceration and the uneven rates of racial disproportionalities and disparities. These disproportionate impacts with minorities within the criminal justice system are all impacted from neutral laws, policies and practices. Statements made with racial impact provide potential methods of addressing these disproportionalities. There are different measures that have been taken with the new criminal justice laws and policies that may affect minorities, they provide certain information to legislatures before they go on with deciding whether to enact the law. Out of fifty states, there are only four states that actually conduct racial impact statements while the rest are still continuing to consider adopting their own ways to conduct racial impact statements. More than half of the United States prison population is made up of African Americans and Latinos, this is nearly twice as their accumulated representation within thirty percent of the general population. As these minorities continue to be put in jail, the rates of racial disproportionality in the criminal justice system also continue to stagger. Crime commission, arrests, convictions, and sentencing are all apart of the many stages withinShow MoreRelatedZero Tolerance Policies And School Discipline10009 Words   |  41 PagesResearch suggests that policies and practices have created a dilemma that has plagued our education system, as well as our society as a whole, that funnels millions of students from school into the juvenile justice system (Robinson, 2013). This dilemma, known as the school-to-prison pipeline is garnering much attention in Virginia due to the states continued issues in overcoming the phenomenon. This study explores zero tolerance policies and school discipline to better understand its effect in to

Narratives free essay sample

In the assigned reading this week, Fee and Stuart discussed the nature and key characteristics of the narrative genre. Throughout chapter 5, they attempt to clarify some of the common problems people experience when interpreting and applying of this genre of Scripture. From this data and the 10 principles for interpreting narratives (p. 106), summarize these issues. Please begin your original thread by concisely clarifying what narratives are; then, summarize some of the common mistakes that are made as readers engage the biblical narratives. Narratives are meaningful stories that retell past events about specific characters (Fee and Stuart, 2003). Biblical narratives are just like narratives except they are inspired by the Holy Spirit. Biblical narratives tell Gods story. Biblical narratives have three components characters, plot, and plot resolution (Fee and Stuart, 2003). The characters include a protagonist, which is the main person in the story (Fee and Stuart, 2003). An antagonist which is the person that causes the conflict and lastly, agonist which role is to support the main characters in the story. We will write a custom essay sample on Narratives or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page A narrative main function is to retell a story using specific characters. When interpreting narratives it is easy to make common mistakes associated with interpreting narratives. Although, there are many errors people make when interpreting narratives, I will only list three, which are moralizing, personalizing, and lastly misappropriation. The first, error is moralizing. Moralizing assumes that moral teachings or principles for living can be taught from all scripture (Fee and Stuart, 2003). The second, error is personalizing. Personalizing involves reading a narrative and making it pertain to you, instead of realizing that the narrative tells a story about specific characters in that story (Fee and Stuart). The third and last error is misappropriation, which means to appropriate the text for purposes that it was not intended for (Fee and Stuart, 2003). There are many principles for interpreting narratives. However, I will only list three principles. The first principle is that narratives record what happened not what could or should have happened; therefore not every narrative has a moral application or teaching (Fee and Stuart, 2003). The second principle is what people do in narratives is not always a good model for us to follow, in fact, it is usually the other way around (Fee and Stuart, 2003). The third and last principle, is that narratives are not written to answer all of our theological inquires. Narratives have certain, specific, limited purposes and deal with particular issues, allowing for others to be handled elsewhere or in different ways (Fee and Stuart, 2003). In closing, when interpreting a narrative we can make mistakes that hinder us from getting the most out of the story. Therefore these principles for interpreting narratives, when applied, will help us to get what we should out of reading narratives.

This dead butcher and his fiendlike queen,a study of the Macbeths Essay Example For Students

This dead butcher and his fiendlike queen,a study of the Macbeths Essay The Macbeths, in my opinion, are deliberately portrayed as the potential of good people to change under specific circumstances. In this situation, however, the motivation for crime is not for the good of anyone but the Macbeths themselves, it is in the name of ambition and ultimately greed. How then can their actions be justified? Personally I believe they cant, but this does not make them necessarily totally evil. Characters in the text, namely the doctor in act five scene one and Malcolm, act five scene nine, voice both aspects of this argument. The doctor seems to forgive her actions, not proclaiming her innocence, but judging her guilt as recompense for her crimes God, God Forgive us all. Look after her; We will write a custom essay on This dead butcher and his fiendlike queen,a study of the Macbeths specifically for you for only $16.38 $13.9/page Order now Remove from her all means of annoyance Malcolm in scene nine however, gives a conflicting verdict. He convicts Macbeth as a butcher and Lady Macbeth fiend-like. Malcolm, though, is in a position of bias for three reasons; Macbeth had murdered his father; he has just committed treason, and witnessed high treason without taking judicial action; The Lords may not see his point of view, making them hesitate their support of Malcolm in his reign, or might take action against Malcolms rights as heir apparent to the throne. So whom then do we believe? The diagnosis of a doctor to a tyrant concerning his wife, or the after-death tribunal of an enemy, made by Malcolm? For my part I believe that there is some element of truth in both sides of the argument. I personally do not think Macbeth is evil until after he murders Duncan. After all, a man is not necessarily evil to have evil thoughts, and that is all he does until after the murder. In fact he decides not to kill Duncan twice, one time Lady Macbeth persuaded him otherwise, the other a hallucination of a dagger pointing towards Duncans chamber persuades him to carry out the deed. Even then at the last possible moment, he debates with himself whether or whether not to kill Duncan. Finally the ringing of the bell by Lady Macbeth concludes the argument for Macbeth, and he enters Duncans room. We do not see in the play what happens inside Duncans chamber during the murder, but we understand the implications of his entrance. Up until this point his hand is forced in his actions or, in fact, they are attained fairly by him. He achieved his promotion to Thane of Cawdor, yet he did not play most foully fort it was given to him righteously. After Duncans death, however, we see a new ruthlessness in Macbeth, he firstly kills Those of his chamber, as they had donet. Later he orders the death of his best friend Banquo and his son Fleance when he guesses Banquos suspicion of him as Duncans murderer. Even this he does evilly by persuading two men that they hate Banquo enough to  murder him themselves. The height of Macbeths evil is, however yet to be seen. Hearing of Macduffs desertion, he orders the death of not Macduff but his wife and children, who pose no threat whatsoever to Macbeth as they are on Macbeths side, not yet persuaded against his rule. At this point Macbeth is most certainly a butcher, definitively killing people needlessly and brutally i.e. he becomes a butcher not just by shedding blood, but by shedding blood in an unrighteous manner. After this event though we see, although no apparent reform in Macbeth, no occurrence of evil doings on Macbeths part, and we glimpse in act 5 what a good king Macbeth could have been in the right situation. If, for example, Macbeth had been rightful heir to the throne, Duncan need not have been murdered, and Macbeth might not have turned evil. It can also be argued, though, that Macbeth was not evil but only needed one more straw to break the camels back and become the inevitable tyrant. .ue47a256210e18f581fef61401879011b , .ue47a256210e18f581fef61401879011b .postImageUrl , .ue47a256210e18f581fef61401879011b .centered-text-area { min-height: 80px; position: relative; } .ue47a256210e18f581fef61401879011b , .ue47a256210e18f581fef61401879011b:hover , .ue47a256210e18f581fef61401879011b:visited , .ue47a256210e18f581fef61401879011b:active { border:0!important; } .ue47a256210e18f581fef61401879011b .clearfix:after { content: ""; display: table; clear: both; } .ue47a256210e18f581fef61401879011b { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ue47a256210e18f581fef61401879011b:active , .ue47a256210e18f581fef61401879011b:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ue47a256210e18f581fef61401879011b .centered-text-area { width: 100%; position: relative ; } .ue47a256210e18f581fef61401879011b .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ue47a256210e18f581fef61401879011b .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ue47a256210e18f581fef61401879011b .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ue47a256210e18f581fef61401879011b:hover .ctaButton { background-color: #34495E!important; } .ue47a256210e18f581fef61401879011b .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ue47a256210e18f581fef61401879011b .ue47a256210e18f581fef61401879011b-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ue47a256210e18f581fef61401879011b:after { content: ""; display: block; clear: both; } READ: Why Study History EssaySo in conclusion to the evil tendencies of Macbeth, it seems that he started off as a loyal supporter to the king, but driven by ambition and his wife, he was forced to rise higher in Scotlands hierarchy of power by evil means, leading in fact to his downfall. Whereas Macbeth seems to grow more evil throughout the play, Lady Macbeth seems to move in the other direction. She appears, in the beginning of the play, to be a conscienceless character, giving an eerie feel to her suggestions, manipulations and admonishment in her conversations with Macbeth. She seems preoccupied with the idea of trying to look like thinnocent flower but be the serpent undert and declares that all Macbeths apparent qualities are in fact flaws. She considers him too full othmilk of human kindness to murder Duncan and condemns him for it. She determines to change Macbeth in order to make him kill Duncan. The first time she tries she partially succeeds, and Macbeth intends to carry out the deed. He changes his mind, though, when he is confronted with the reality, when Duncan is in his residence. Killing, to Macbeth as with many thanes, lords and warriors who fight in wars, is not in itself immoral, but murder of a person in his house and therefore under his sanctuary breaks all the laws of honour he has not only is Duncan his kinsman, he is also his king. Lady Macbeth again gives a cold and sinister argument, adamant that if she had sworn so as Macbeth had she would pluck my nipple from his boneless gums and dash the brains out so screw your courage to the sticking-place, And well not fail. Macbeth again is set to kill Duncan. Yet again, however, Macbeth is irresolute concerning Duncans Murder, but Lady Macbeth again sways his decision deviously, by ringing a bell, as if she cold predict  and fix these deliberations. The ringing of the bell by Lady Macbeth is a turning point for her in the play. Suddenly Macbeth shuts her out of his plans telling her to be innocent othknowledge of his plans. She now has little if any influence over Macbeth and his actions as king, highlighted by her asking if she could be received by Macbeth in act three scene two previously she would simply walk in, or possibly Macbeth would have come to her. She clasps onto her last effective power in act three, scene four, where she covers for Macbeth and his sighting of Banquos ghost, claiming nothing was wrong. After this, though, Lady Macbeth is not seen until the start of act five. We can only assume that during this time, she has thought much about recent affairs, and that this is the source of her guile, for she sleepwalks in act five scene one, indirectly confessing her sins and is evidently disturbed by a newfound conscience. She is troubled and wishes all her thoughts banished. This is symbolised by a spot presumably of blood which she repeatedly commands out damned spot and asks will these hands neer be clean?. She also believes her conscience cannot be cleared whats done cannot be undone, and the smell of blood on her hands cannot be masked by all the perfumes of Arabia. After this episode, Lady Macbeth is said to have committed suicide, it would seem due to her guilt. This shows that she is not less guilty but certainly less evil, as one would expect no remorse of crimes from an evil fiend like queen. In conclusion, Lady Macbeth appears to grow less evil as the play progresses, coinciding with the amount of influence she has over Macbeth and other related issues. This gives us an example of justice Lady Macbeth atones her crimes, and therefore goes to her grave not peacefully, she committed suicide but in a better light than Macbeth. Macbeth, however, after the banquet scene act three scene four does not seem to assume any responsibility for his actions, and no apparent guilt upon their result apart from his wifes death which does leave the memory of a man who was an evil tyrant. .uac7f9ce7489e38445b74071b1d9ff7d6 , .uac7f9ce7489e38445b74071b1d9ff7d6 .postImageUrl , .uac7f9ce7489e38445b74071b1d9ff7d6 .centered-text-area { min-height: 80px; position: relative; } .uac7f9ce7489e38445b74071b1d9ff7d6 , .uac7f9ce7489e38445b74071b1d9ff7d6:hover , .uac7f9ce7489e38445b74071b1d9ff7d6:visited , .uac7f9ce7489e38445b74071b1d9ff7d6:active { border:0!important; } .uac7f9ce7489e38445b74071b1d9ff7d6 .clearfix:after { content: ""; display: table; clear: both; } .uac7f9ce7489e38445b74071b1d9ff7d6 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uac7f9ce7489e38445b74071b1d9ff7d6:active , .uac7f9ce7489e38445b74071b1d9ff7d6:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uac7f9ce7489e38445b74071b1d9ff7d6 .centered-text-area { width: 100%; position: relative ; } .uac7f9ce7489e38445b74071b1d9ff7d6 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uac7f9ce7489e38445b74071b1d9ff7d6 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uac7f9ce7489e38445b74071b1d9ff7d6 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uac7f9ce7489e38445b74071b1d9ff7d6:hover .ctaButton { background-color: #34495E!important; } .uac7f9ce7489e38445b74071b1d9ff7d6 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uac7f9ce7489e38445b74071b1d9ff7d6 .uac7f9ce7489e38445b74071b1d9ff7d6-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uac7f9ce7489e38445b74071b1d9ff7d6:after { content: ""; display: block; clear: both; } READ: A View from the Bridge - literature essay exampleTherefore I believe the Macbeths are not totally evil, and that they change throughout the text. Malcolms statement at the end This dead butcher and his fiend-like queen, is partially correct, but quite literally only tells half the story. Macbeth does show himself to be a butcher, when he kills not Duncan there is a reason for his death, however unjust it may be but when he murders, Duncans guards, and has Banquo, and Macduffs wife and children murdered. Lady Macbeth shows she is a fiend when she convinces Macbeth against his will to murder Duncan, commencing Macbeths descent to evil. Other aspects, though, are not evil in the Macbeths. Macbeth is shown at  the end of the text to be a great leader, and Lady Macbeth shown to be guilty for her crimes. So what, in fact is the answer to the question Are the Macbeths totally evil?. Personally I believe that it is a matter of ones own opinion to what level the Macbeths evil extends. I think, however, that most would agree that though they certainly show streaks of evil, huge qualities of leadership are shown in Macbeth in the events preceding the play, and towards the end, but circumstances were not kind. Lady Macbeth also shows merits such as argument and persuasion, which can certainly be regarded as qualities then and indeed now. So even though the Macbeths may be primarily evil, they are shown to have better elements therefore ruling out the possibility of total evil.