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

Arthur Andersen LLP v. joined States The parties In Arthur Andersen LLP v. United States, the complainant was the United States. The United States was to a fault the Appellee. Arthur Andersen is the suspect as well as the appellant. The biography Arthur Andersen was ready guilty at the venire trial. The U. S. mash of Appeals for the Fifth Circuit also affirmed him guilty. The U. S. Supreme Court turn Andersens curses due to flaw control panel instructions. The facts Arthur Anderson formed a crisis-response team before long after the Wall Street journal had suggested the gelds at Enron.The company kept back up the employees to follow Andersens document retention policy and Odom stated that If documents are ruined in the course of the normal policy and litigation is filed the next day, thats great Weve followed our avouch policy, and what ever so there was that baron sacrifice been of interest to somebody is gone and irretrievable. As Enron went under the heat of in evening gown to formal investigation with requests for documentation, the company kept further its employees to follow the policy. It wasnt until the SEC served Enron and Andersen with swear outs for records that they told their employees to dispel tittleding and the game was over. The plaintiffs hypothesis The jury and Court of Appeals found that the supra actions made the petitioner guilty of violating deed 18 of the United States Code that provides distressing sanctions for those who obstruct justice. They believed he intentionally had the fellowship of what was going on and intentionally destroyed the documents that proved the scandal to be true.The defendants theory Arthur Anderson believed that he was however following his companys policy by ensuring it was being followed. He did not violate a law beca utilisation 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 memory of the court No. Andersens 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 character was correctly decided. However, there was not lavish evidence to convict him. The Supreme Court ruled the right decision found on the books. It is obviously clear that the Arthur Andersen was a smart man. Once he got stoppage in his ear that there might be trouble, he quickly found a way to legally harbor himself and the company. I find it interesting how intractable they were with the document policy. However, regardless of the perception it gives off, Andersen technically did not violate any laws fit in to the court. If he was guilty, no one would ever know. Im 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.