Question
LEGAL BRIEFS. Alvin is a U.S. citizen. He owns I.I. Co., a U.S. based consulting company that serves clients in South American nation of Bragtina.
LEGAL BRIEFS.
Alvin is a U.S. citizen. He owns I.I. Co., a U.S. based consulting company that serves clients in South American nation of Bragtina. I.I Co. has been trying to acquire a new business in Bragtina. But the competition is tough.
Recently Alvin found a connection with a Member of Congress of Bragtina. The Congressman's aide met with Alvin and they agreed to return favors. I. I. Co agreed to pay $20,000 to the Congressman for this favor. According to the plan, the Congressman called his friend who was chairman of Milo corporation. Per Congressman's request the Milo Corporation retained I.I. Co to provide consulting services for a five year contract. Congressman also called the Tax collector and waived I.I. Co's income taxes from revenues acquired in Bragtina.
On the other hand, Alvin serves on a board of a prestigious U.S. university in Los Angeles. Alvin used his connections and helped Congressman's son to get admission into the college. The Congressman's son was not otherwise qualified for admission. In addition, instead of wiring $20,000 to the Congressman, Alvin paid Congressman's son's tuition at the university.
Please explain ALL crimes the following can be charged with; explain why. Also explain what defenses they will each claim: (A) Alvin (B) I.I. Co., and (C) Congressman ? Please analyze the following criminal statutes within your responses, as to each defendant.
(a) Money Laundering.
(a)(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity-- knowing that the transaction is designed in whole or in part-- (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity, has committed crime of money laundering.
(b) Foreign Corrupt Practices Act
It shall be unlawful for any domestic concern...to act... in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to --(1) any foreign official for purposes of --
(A)(i) influencing any act or decision of such foreign official in his official capacity, or (ii) inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, or (iii) securing any improper advantage.
Definitions:
For purposes of this section:
(1) The term "domestic concern" means--
(A) any individual who is a citizen, national, or resident of the United States; and
(B) any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship which has its principal place of business in the United States, or which is organized under the laws of a State of the United States or a territory, possession, or commonwealth of the United States.
(2)(A) The term "foreign official" means any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or of a public international organization, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality, or for or on behalf of any such public international organization.
Please answer the question and need a reference. Thank you!
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