BUS591 Managing Corporate Risk and Crime

 

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Programme : BA Business Programme		Year/Level :  2/5
Academic Year :  2020/21		Semester :  3
Module title :  Managing Corporate Risk and Crime		Assignment no. : 2
Module code:  BUS 591	Word guide: 1,500 words per part
Percentage Weighting of this assignment for the module: 50%
Issue date :	Return date :
Lecturer :  Graham Jackson/Neil Pritchard	Second marker :

 

Notes for students: 1. Electronic copy of assignment must be submitted through the Turnitin software. 2. This assignment will be marked electronically and results available online through Grademark in Turnitin within 3 weeks of the submission date. 3. 10% of marks are awarded for satisfactory use of language and/or good presentation. 4. 5% of marks are awarded for satisfactory referencing and/or presentation of a bibliography where either is required. Note that all referenced work should be obtained from credible sources. 5. Students should ensure that they comply with Glyndwr University’s plagiarism policy. 6. Students should make correct use of the Harvard referencing method.

 

Learning Outcomes Tested in this Assignment: 4. Demonstrate a practical understanding of the main types and causes of corporate crime 5. Apply the main concepts and principles of the management of corporate crime to realistic commercial situations 6. Explain and evaluate the main concepts and principles of the management of corporate crime in terms of their commercial consequences

 

 

 

 

 

 

 

Feedback:
	Mark (%)

 

 

Would students please note that achievement of the learning outcomes for this assessment is demonstrated against the assessment criteria shown below (which are not necessarily weighted equally).  All marks/grades remain indicative until they have been considered and confirmed by the Assessment Board

 

 

 

Assessment Criteria		Marks Awarded	Marks Available
1	Outline and articulate the statutory and common law provisions in relation to criminal law. Use a wide variety of case law to illustrate the legal issues.		35
2	Critically analyse potential problems regarding the application of the criminal law as it applies to business situations. Sustained arguments should be used throughout.		50
3	Wide ranging references with the correct use of the Harvard system		5
4	Quality of the written work. Clear structure to the work and correct spelling was used throughout.		10
Additional Comments from Second marker or External Examiner (if required) :

 

 

 

 

PART A

 

 

Answer one question only

All questions carry equal marks

 

 

 

QUESTION ONE

 

‘When the prospects of successful conviction under CMCHA are remote and the consequences for an offender are just as great financially and reputationally when convicted under HSWA, is there therefore some merit in thinking that the corporate manslaughter regime is now officially redundant?’

www.britsafe.org. 25^th March 2020

 

Outline your country’s legal provision for corporate manslaughter. With reference to recent events, critically assess how effective these provisions are in practice.

 

(50 Marks)

 

 

QUESTION TWO

 

 

‘There is an ongoing debate over whether or not insider dealing should be illegal. In part, this is because most insider trading is not detected. However, it’s also because there is some question over whether insider trading is detrimental to any party in a legal sense.’ www.stpaulschambers.com; 11^th March, 2020

 

Critically analyse your country’s approach in imposing criminal sanctions in deterring insider dealing. Do you consider the use of legal sanctions in this area to be necessary?

                                                                                                                                            (50 marks)

 

 

 

 

 

 

 

 

 

 

PART B

 

Instructions: –

 

1. Answer the following case study.

 

2. All parts of the question carry equal marks.

 

3. You must use legal authority to support your answer.

 

 

 

Megabyte Ltd is a small software development company that is managed by Peter. Recently Peter was showing some prospective investors around the company premises. One of these investors left his wallet in the staff toilets where it was picked up by David, an employee of Megabyte. David looked in the wallet and found an exclusive gym membership card – he then dropped the wallet into the wastebin.

 

David later used the gym membership card to obtain a full training session which would have normally cost £100. When David was leaving the gym he dropped the membership card off at the reception desk.

 

1. 1. With reference to the above scenario, consider whether David has committed: –

 

1. A. Theft.

 

1. Fraud

(30 marks)

 

2. Applying some of the theories of risk management, how could Peter ensure such an event does not occur in the future?

 

(20 Marks)

 

 

 

 

 

 

 

 

 

 

 

Level 5

 

Grading & Marking Criteria for BA Programmes
80 +	Excellent work of substantial merit which is original in content or approach allowing a novel perspective, based on a broad range of literature.
70 – 79	Work which is clearly articulated and well substantiated, based on substantial reading, and demonstrates a good grasp of the concepts, methodology and content appropriate to the subject and to the assessed task. There is clear evidence of originality and an ability to synthesise material effectively.
60 – 69	Work which demonstrates a very good level of understanding of the concepts, methodology and content appropriate to the subject and which draws on a good range of referenced sources. There is clear evidence of judgement in selecting, ing and analysing content. The work demonstrates some ability to synthesise material and to construct responses which may offer some occasional originality.
50 – 59	Work derived from a good basis of reading and which demonstrates a grasp of relevant key concepts and an ability to structure and organise material. The performance may be rather routine but the work will be accurate, clearly written and include some analysis. There will be no serious omissions or irrelevancies.
40 – 49	Competent and suitably organised work which demonstrates a reasonable level of understanding with minimal analysis and interpretation. It covers the basic subject matter adequately but is too descriptive and insufficiently analytical. There may be some misunderstanding of key concepts and limitations in the ability to select relevant material so that the work may be flawed by some omissions and irrelevancies. There will be some evidence of appropriate reading.
30 – 39	Work lacks evidence of knowledge relevant to the topic and/or significantly misuses terminology. There is either no evidence of literature being consulted or irrelevant to the assignment set. Inaccurate or inappropriate choice of theory. Unsubstantiated/invalid conclusions based on anecdote and generalisation only, or no conclusions at all. Lacks critical thought and reference to theory.
0 – 29	Insufficient level of understanding and knowledge base unacceptably weak. No evidence of logical structure and poorly presented. Referencing is unsystematic or absent.