3 Sept 2024

Assignment Submission | Business & Crime - LLM 7006 M

Assignment Submission

Student Details (Student should fill the content)

Name
Student ID (UWIC ID and ICBT ID) UWIC ID:
ICBT ID:

Scheduled Unit Details

Unit Code LLM 7006 M
Unit Title Business & Crime

Assignment Details

Nature of the Assessment REPORT
Topic of the Case Study GIVEN
Learning Outcomes Covered YES
Word Count Refer Below
Due Date / Time As communicated in the assessment plan
Extension Granted? (For Office Use Only) Yes    No

Declaration

I certify that the attached material is my original work. No other person’s work or ideas have been used without acknowledgement. Except where I have clearly stated that I have used some of this material elsewhere, I have not presented it for examination/assessment in any other course or unit at this or any other institution.

Signature
Date

Result (Assessor Use Only)

Marks by 1st Assessor
Name & Signature of the 1st Assessor
Agreed Mark
Marks by IV
Name & Signature of the IV

For Office Use Only (Hard Copy Assignments)

Receipt Date
Received By

Assignment Type & Title:

For student use: Critical feedback on the individual progression towards achieving the assignment outcomes.

For 1st Assessor Use: Assessment Feedback

Strengths
Weaknesses
Name & Signature of the Assessor
Date

Comments by the IV

Name & Signature of the IV
Date

Business & Crime - LLM 7006 M

Assignment 1 & 2

Coursework (Individual) - 800 Words: Moot Preparation Documentation - 20%

Mooting - 3200 Words: Moot and Documentation - 80%

Learning Outcomes Covered

On successful completion of this module students will be expected to be able to:

  • Critically examine the nature of corporate criminality control
  • Undertake critical research of appropriate materials in order to evaluate that research in preparation for the moot.
  • Synthesise information in a manner that is innovative when preparing arguments in support of a given position.
  • Engage confidently in academic and professional communication with others.

Assessment of the Business and Crime in the LLM will be on a Moot Court:

The candidates have to be prepared to argue the case for the Appellant or Respondent on their choice.

Assignment - 1

Coursework (Individual) - 800 Words: Moot Preparation Documentation - 20%

At the end of the 5th week students have to submit a draft moot preparation document with a word limit of 1,200 words. The element of the assignment will carry 20% of total marks.

Assignment - 2

Mooting - 3200 Words (Individual document): Moot and Documentation

At the end of the module, a moot court will be conducted with the two module tutors and one external judge, which will carry the balance 80% of marks.

Mooting Instructions

  • A moot is a legal debate taking place in a mock courtroom setting.
  • The relevant module leader will create legal teams (maximum of 2 students).
  • Each team consists of an appellant and a respondent.
  • 20 minutes will be allocated for each team (10 minutes for the appellant and 10 minutes for the respondent).
  • The legal teams devise and present an argument based on the case study provided below.
  • Each team argues the points of law with a view to convincing the judge that the case of their client should succeed.
  • The judge of the moot weighs the arguments presented to him and passes judgment on the law.
  • Marks will be allocated for individual argument (40% weightage) and the relevant moot documentation (40% weightage) provided by the student.

Moot Court – Case Study

The Criminal Investigations Department has commenced investigations into the biggest ever financial fraud reported in Sri Lanka, amounting to a massive 700 million rupees. Several Sri Lankans, including a garment factory owner and his counterparts in Germany and Venezuela, are alleged to have conspired in this fraudulent deal.

According to CID sources, a Sri Lankan garment factory owner whose head office is located in Wellampitiya had registered a ghost company with the Registrar of Companies declaring that it is a sister company of a reputed insurance company in Venezuela. The garment factory owner had allegedly forged the signatures of the Chairman and Financial Controller of a Venezuelan insurance company to obtain the registration.

In stage two of this fraud, the garment factory owner had opened an account for the ghost company in a private bank in Sri Lanka. After the groundwork for the fraud was laid, the garment factory owner, with the aid of his accountant, had prepared a set of false documents requesting a German bank connected to the Venezuelan insurance company to transfer seven million US dollars to the garment factory owner's account in a Sri Lankan private bank, held in the name of the ghost company registered as a sister company of the Venezuelan insurance company. These documents being craftily prepared and identical to original documents, the German bank had transferred the money to the account in Sri Lanka.

The garment factory owner had then taken steps to withdraw the money in Sri Lanka stating that the Venezuelan company had paid him this money for the export of a consignment of vanilla. The garment factory owner had sought the Exchange Controller's approval to withdraw the seven million US dollars in Sri Lankan currency. Before authorising the release of funds, the Central Bank officials had instructed the private bank to check the authenticity of the documents presented for the withdrawal of funds and to determine how this person had received such a large sum of money. The private bank had released 400 million rupees to the garment factory owner without proper scrutiny of export documents ascertaining whether he had in fact exported vanilla to Venezuela to the value of 700 million rupees.

Central Bank, feeling suspicious about this transaction, had questioned the private bank about the transaction. Then the private bank had in turn conveyed their suspicions to the German bank, which initially transferred the money to Sri Lanka. The Venezuelan insurance company had then come to hear about the loss of their funds, and a special representative from the company had arrived in Sri Lanka and lodged a complaint with the CID about two months back. CID investigators have arrested the accountant of the garment factory who is alleged to have prepared the forged documents, and his statements have been recorded. When the CID raided the head office of the garment factory in Wellampitiya, they had unearthed several documents connecting the owner with the fraudulent financial transaction.

CID investigations have also revealed that this person has been involved in a similar fraud about two years ago. He has planned this fraud and started acting on it since the beginning of this year", the CID officer added. "Interpol assistance is also sought to crack down on all his international associates, and the case has been referred to the Attorney General as well”.

Marking Scheme

Mark Content Structure
95% - is publishable in a high-quality peer-reviewed academic journal without material revision. - is flawless (within a not infinite, but indefinite range of flawlessness).
90% - constitutes rare work of great insight;
- demonstrates substantial originality in reasoning and interpretation;
- contains no major flaws at any level.
- has no structural weaknesses of great consequence.
- integrates detail into a coherent whole;
- argues autonomously to a reasoned and logical conclusion;
- is supported throughout by appropriate and accurate language.
85% - applies the principles of the discipline to the issue(s) at hand in an original yet appropriate manner to produce a well-reasoned analysis, with conclusions carefully and effectively argued and supported;
- displays a deeper than normally expected understanding of theoretical nuances, particularly in their application;
- shows discernment in the use of germane literature base(s).
80% - demonstrates originality and depth in thinking and application;
- demonstrates a comprehensive familiarity with relevant theories, doctrines, and cases;
- shows familiarity with germane literature base(s).
70 - 75% - shows breadth of study and some originality in application;
- shows extensive knowledge and critical understanding of relevant theory, facts, and issues;
- is directly relevant to the issues to be addressed in the assignment.
60-69% - is sufficient, and relevant to issues being discussed;
- shows a good grasp of relevant theory, facts, and issues;
- reflects a critical understanding of a broad range of reading.
- reveals an attempt to create a coherent whole;
- attempts to guide reader through to a reasoned conclusion;
- is rarely affected by inappropriate or inaccurate language.
50-59% - is generally competent, and displays an adequate understanding of the issues to be addressed;
- is just sufficient to cover the subject, but has some irrelevancies;
- shows a satisfactory grasp of relevant facts and issues;
- shows adequate reading but little originality.
- links parts together but falls short of creating a coherent whole;
- does not always guide the reader and does not always provide a conclusion to the arguments deployed;
- is weakened in places by inappropriate or inaccurate language.
40-49% - does not fully cover the subject specified and/or is sometimes irrelevant;
- shows a weak grasp of relevant concepts, facts, and issues;
- suffers from inadequate reading and thinking.
- sometimes fails to link parts to each other;
- shows little regard for the reader and does not come to a justifiable conclusion;
- is weakened by inappropriate or inaccurate language.
0-39% - does not reflect any background reading;
- shows only superficial understanding (at best) of the relevant issues;
- relies uncritically on subjective personal opinion or hearsay.
- no attempt made to argue to a conclusion;
- written in the form of an unstructured monologue or narrative;
- shows little respect for the conventions of grammar.

Important Information for Students

  • The assignment should be uploaded on or before the deadline via ICBT Student Information System. The soft copy must be in word format ONLY.
  • Please log on to www.icbtsis.lk to upload your assignment. The username and the password will be sent shortly. Please await uploading instructions.
  • The soft copy should be named as LLM-(subject number) followed by the Cardiff met student ID. E.g., for Introduction to International Business: LLM-7001-2000000
  • Students are expected to keep a backup of all the assignments. ICBT and Cardiff Metropolitan University have all the right to recall the soft copy of any assignment at any time during the course.
  • Please note that plagiarism is treated as a serious offence and therefore the work you produce must be individual and original although you may work in groups in some instances (Please refer to the Student Handbook on Plagiarism & Cheating).
  • All sources of information must be referenced using “Harvard referencing” where a reference listing should be included at the end of the assignment.
  • Please note that the submission date given for this assignment is the final date that you can upload the assignment. No late submissions are allowed by the system. (Please refer to the Student Handbook on Assessments - Late Submissions).
  • Please refer to the Student Handbook on Assignments – Re-submission, mitigating circumstances procedure.
  • Please include the assignment coversheet in your answer. Please avoid copying the assignment question in your answer file.

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