44.   Assume that Georgina has recently been appointed by her employer (Tesla, Inc., a US company headquartered in Palo Alto, California) to set up its first store in South America – in Sao Paolo, Brazil, the largest city in the continent.

44.   Assume that Georgina has recently been appointed by her employer (Tesla, Inc., a US company headquartered in Palo Alto, California) to set up its first store in South America – in Sao Paolo, Brazil, the largest city in the continent. She has been downtown area. In order to get a “jump-start” on sales, Georgina has approached the mayor of the city with a special offer:

If the city orders 3,000 or more of these all-electric vehicles in the first three months of 2020, which would normally sell for $30,000 each, she will give the city a 10% price break, so the total price would only be $81,000,000, instead of the full price of $90,000,000. In addition, she tells the mayor that he would receive a $1,000,000 “finders fee” for his help in making this transaction go through!

a. Georgina could be charged with violating the Foreign Corrupt Practices Act of 1977 as amended (28 U.S.C Sections 1602 and following).

b. Both Gerogina and Tesla, Inc. could be charged with violating the Foreign Corrupt Practices Act of 1977 as amended (see above).

c. Because Georgina is located outside of the US, the US laws don’t apply to Georgina, so she can go ahead with this, and not worry about violating the statute noted above.

45. Boeing Corporation has a facility in Palmdale, California, near the desert. Assume that employees at that location have been taking truckloads of production-waste materials (including toxic waste) out to remote areas of the desert and dumping it there. A local police officer has investigated all of this dumped material, and found evidence there that links the dumped material to the Boeing facility. The police officer goes to the Boeing facility, and demands to see the company records on use of their dumptrucks. Can the company refuse to turn over this information?

a. No, they must comply with the police officer’s demand for records.

b. Yes, they can refuse to turn over their business records until the officer gets a search warrant signed by a judge.

46. This is a continuation of the facts from Question 45.
Assume that instead of going to the Boeing facility first, the police officer takes the evidence that she has found at the dump site, and writes a sworn affidavit detailing where she found the dumped material, and presents this to a local judge. Will this be sufficient for the judge to issue a search warrant?

a. Yes, this would be sufficient to satisfy the requirements of the 4^th Amendment to the US Constitution, for issuance of a search warrant.

b. Yes, this would be sufficient to satisfy the requirements of the 5^th Amendment to the US Constitution, for issuance of a search warrant.

c. No, this would not be sufficient to satisfy the judge for issuance of a search warrant.