Sam Stockbroker has been successfully stealing money from his clients’ investment accounts Sam…

Sam Stockbroker has been successfully stealing money from his clients’ investment accounts

Sam Stockbroker has been successfully stealing money from his clients’ investment accounts for many years. Although he is not afraid of his clients, he is afraid of the IRS, and because of that, he has always been careful to report the money he steals as other income on his annual federal and state tax returns.

Sam’s 2001 federal tax return was audited recently. Although no additional taxes were found to be due and in fact Sam received an additional refund, a clerk in the IRS audit office overheard Sam disclose to the auditor that the source of the “other income” was his theft from clients’ accounts. The clerk disclosed this information to his spouse, who is a district attorney. She has filed felony theft charges against Sam.

Was Sam’s disclosure compelled? Why, or why not? Discuss the various constitutional issues in this fact set. State any assumptions you make and support your conclusions.Part 2:State Department of Health

Scenario: The State Department of Health is concerned about an apparent significant increase in the rate of hepatitis B infections among teenagers and young adults. In order to prevent further spread of the infection, the department promulgates new regulations requiring public schools to give students mandatory testing for the disease; suspend students who test positive; report the name, address, and age of any students who test positive; and require students under the age of 18 to report the name, address, and age of any sexual partner. The regulation also authorizes the department to request from all health care providers a list of patients known to be infected and to conduct unannounced inspections of health care providers to discover names of infected persons.

Consider the following:Do you believe this new regulation is valid? Why, or why not?What constitutional issues do you believe are raised by the new regulation? Be specific.Town Free Clinic has refused to supply a list of infected patients. On what grounds might the clinic refuse to comply? Do you think it will be successful? Why, or why not?What options does the department have to compel the clinic to comply?Go to Westlaw and research if any regulations in your state Department of Health address similar issues. What are those regulations and what do they require?

 

 

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