Business

1. Should the U.S. Court of Appeals for the District of Columbia Circuit affirm or reverse Bae’s sentence? Explain your answer in detail.

The District of Columbia Circuit should affirm Bae’s sentence. Bae’s argument is that losing tickets have no face value, in reality they do. Each ticket sold would have provided revenue for the District of Columbia, regardless if they were winning tickets or not. What Bae did is clearly illegal and should be considered a felony charge under The Computer Fraud and Abuse Act (CFAA). The textbook states, “ Among other things, the CFAA provides that a person who accesses a computer online, without authority, to obtain classified, restricted, or protected data (or attempts to do so) is subject to criminal prosecution”(Miller 181). Bae should have to repay the full face value amount for $503,650 because that is the true value of the tickets. Bae was only able to collect $296,153 from winning tickets but the District of Columbia lost the entire amount. According to Miller, “theft is a felony” especially when it is committed for personal gain (Miller 181). Regardless of the fact that some of the tickets were losing tickets, the true amount that Bae stole is the full face value of the tickets that he printed without paying for them.

2. Regardless of your answer to the first question, suppose that the Court of appeals did reverse Bae's sentence. After several months, the police find more evidence in this case that proves Bae was guilty. Can Bae be charged and convicted for the crime a second time? Why or why not?

If Bae were acquitted of the crime, then the judicial system would not be able to try him again because this would be a violation of the 5th Amendment, which protects against double jeopardy. Since Bae was originally tried in a federal court and deemed guilty, although his sentence was later reversed. Bae, however, can be charged and convicted for the crime a second time if the evidence was presented in a state court....