Business Law I Case Study Arthur Andersen Llp V. United States

Arthur Andersen LLP v. United States The parties: In Arthur Andersen LLP v. United States, the plaintiff was the United States. The United States was also the Appellee. Arthur Andersen is the defendant as well as the appellant. The history: Arthur Andersen was found guilty at the jury trial. The U. S. Court of Appeals for the Fifth Circuit also affirmed him guilty. The U. S. Supreme Court reversed Andersen’s convictions due to “flawed jury instructions. ” The facts: Arthur Anderson formed a crisis-response team shortly after the Wall Street Journal had suggested the issues at Enron.
The company kept encouraging the employees to follow Andersen’s document retention policy and Odom stated that “If [documents are] destroyed in the course of [the] normal policy and litigation is filed the next day, that’s great… We’ve followed our own policy, and whatever there was that might have been of interest to somebody is gone and irretrievable. ” As Enron went under the heat of informal to formal investigation with requests for documentation, the company kept encouraging its employees to follow the “policy. It wasn’t until the SEC served Enron and Andersen with subpoenas for records that they told their employees to stop shredding and the game was over. The plaintiff’s theory: The jury and Court of Appeals found that the above actions made the petitioner guilty of violating Title 18 of the United States Code that provides criminal sanctions for those who obstruct justice. They believed he intentionally had the knowledge of what was going on and intentionally destroyed the documents that proved the scandal to be true.
The defendant’s theory: Arthur Anderson believed that he was only following his company’s policy by ensuring it was being followed. He did not violate a law because once he was served the subpoena, the document shredding halted immediately. The legal issue: Did Arthur Anderson violate Title 18 of the United States Code by knowingly persuading his employees to shred documents with intent to impair the availability of those documents for use in an official proceeding?

The holding of the court: No. Andersen’s conviction could not stand due to the flawed jury instructions. Therefore, the conviction was reversed by the U. S. Supreme Court. Personal opinion: I do not believe this case was correctly decided. However, there was not enough evidence to convict him. The Supreme Court ruled the right decision based on the books. It is obviously clear that the Arthur Andersen was a smart man. Once he got tick in his ear that there might be trouble, he quickly found a way to legally protect himself and the company. I find it interesting how persistent they were with the document policy. However, regardless of the perception it gives off, Andersen technically did not violate any laws according to the court. If he was guilty, no one would ever know. I’m sure if the subpoena would have been served sooner, there would have been a different outcome. But, this is only my opinion and it would not stand in the court system.

Order a unique copy of this paper
(550 words)

Approximate price: $22

Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

At Solution Essays, we are determined to deliver high-quality papers to our clients at a fair price. To ensure this happens effectively, we have developed 5 beneficial guarantees. This guarantees will ensure you enjoy using our website which is secure and easy to use.

Money-back guarantee

Most companies do not offer a money-back guarantee but with Solution Essays, it’s either a quality paper or your money back. Our customers are assured of high-quality papers and thus there are very rare cases of refund requests due to quality concern.

Read more

Zero-plagiarism guarantee

All our papers are written from scratch and according to your specific paper instructions. This minimizes any chance of plagiarism. The papers are also passed through a plagiarism-detecting software thus ruling out any chance of plagiarism.

Read more

Free-revision policy

We offer free revisions in all orders delivered as long as there is no alteration in the initial order instruction. We will revise your paper until you are fully satisfied with the order delivered to you.

Read more

Privacy policy

All data on our website is stored as per international data protection rules. This ensures that any personal data you share with us is stored safely. We never share your personal data with third parties without your consent.

Read more

Fair-cooperation guarantee

Ordering and sending money to us is an indication that you are purchasing our products and services. To have business talks laid out in the official language, you can check on our terms and conditions and get more information about this.

Read more

Calculate the price of your order

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
$26
The price is based on these factors:
Academic level
Number of pages
Urgency
Order your essay today and save 20% with the discount code: LEMONADEPlace Order