Is it legal to bribe an employee of a fully private company? Let's say I go into Starbucks and slip an extra dollar to the barrista so that he gives me a slice of cake for free (just a small example). Is this legal according to criminal law? I know it's illegal to bribe state employees, but I never understood how the law applies to 100% private companies.
In the USA, there is no federal law that expressly prohibits bribes in a commercial context ("commercial bribing"), but there are laws in many states - so it depends on the state. Most states do have laws about it. For example, the law in the state of New York is quite strict. What you describe would qualify as "commercial bribing in the second degree". You would be liable under § 180.00: A person is guilty of commercial bribing in the second degree when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs. Commercial bribing in the second degree is a class A misdemeanor. New York Penal Law § 180.00 - Commercial bribing in the second degree The employee receiving the bribe would also be liable, under § 180.05 - Commercial bribe receiving in the second degree: An employee, agent or fiduciary is guilty of commercial bribe receiving in the second degree when, without the consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs. Commercial bribe receiving in the second degree is a class A misdemeanor.
Can someone be arrested for not being ‘nice’ to police? Yes. The arrest may later be declared unlawful, and the cop could later be disciplined by his boss, but if a cop wants to arrest you now for any reason they just can. Seems weird and an abuse of power to me. The available means of dealing with abuse of power have never been in excess. Could they win such a case? Yes. So could your friend. It depends on many many factors.
A store owner may ban any person from that store that s/he chooses, provided that the ban is not for a reason forbidden by applicable anti-discrimination law, such as banning all people of a particular race or religion. That does not appear to be the case in this situation, from the description. Since this is a franchise, the store has a local owner who is not the chain company. The company will have a franchise contract with the local owner, which will specify in what ways the company can and cannot control the store. They might or might not have the power to require the store owner not to ban you, or not to engage in verbally abusive behavior in the store. In any case, you, or any third party, cannot force them to exercise such power, even if they have it under such a contract. It is very unlikely that law enforcement the authorities will treat the verbal harassment as a crime based on a customer report. You could publicize the situation, as by an online review, which might cause the chain company to take some action, for fear of bad publicity. But be careful. You have already learned that your initial understanding of the situation was significantly incomplete. If any public statements you make are untrue, and harmful to reputation, you could be accused of defamation and sued, perhaps successfully.
No, insider trading doesn't apply to private companies. By definition private companies don't trade their stock on the open market. Trading on the open market provides access to an immense pool of capital (anyone with the price of a share of stock), but the trade-off is that there are many more strictures on corporate behavior and governance. Private companies have far more latitude in their corporate governance, but on the other hand they are far more limited in who they can sell stock too, typically being limited to accredited investors. Edit: It seems that in the US this answer is actually wrong, but the situation is complex. The SEC has sanctioned privately held companies under Rule 10b-5 for fraud and misrepresentation for stock transactions where material information was withheld from the other parties. Stiefel Laboratories, a privately held firm, was charged with buying back employee shares without disclosing that it had multiple offers from private equity firms to purchase stock at a higher price, or revealing that it was in negotiations to sell the company to GlaxoSmithKline.
Yes Companies can own companies - that’s what subsidiaries are. On a practical level, you know this is true because you actually have an example. Companies House would not have allowed its registration (barring error) if it was illegal. Why can’t it open a bank account? Banks (or any other business) can choose who they will and won’t do business with. Unless it’s discrimination on the basis of a protected characteristic, it’s not illegal. Since juridical persons don’t have protected characteristics (apart from nationality) it’s virtually impossible to illegally discriminate against them.
You are perfectly within your rights not to tip. Unless you start your dining experience with &quot;I'm not going to be tipping you tonight, just to let you know.&quot; you will get the same service as anyone else. Most businesses are within their rights to ask you to leave for any reason except those explicitly prohibited by law. So conceivably if you started off with the preceding sentence, the manager could ask you to leave. Not tipping wait staff at most restaurants is still an awful thing to do. No customers like tipping. Unfortunately, tipped staff can and usually are paid well below the conventional minimum wage. That they can be, is codified into law and would take a substantial amount of effort to change. Business owners are able to push the cost of paying their employees a livable wage onto their customers, and we are forced to accept it. It's a hideously flawed system that is ever so slowly changing, but it doesn't change the fact that if everyone decided not to tip, the wait staff in 95% of restaurants wouldn't be able to survive on their 'wages'. So you are within your rights not to tip, you probably won't suffer anything negative unless you are aggressively up front about the fact that you aren't going to tip, and you will be punishing the person with the least power in the equation for the fact that you don't like how the system works over here. Tipping a bartender is different and usually less necessary, and more likely to be drink is four bucks and a bit, here's a fiver keep the change. Tipping less or more than that may change the speed at which you get refills or attention.
Certainly, "Tortious interference" comes to mind. While it's a difficult one to prove, there are typically 6 elements: The existence of a contractual relationship or beneficial business relationship between two parties (possible problem here). Knowledge of that relationship by a third party. Intent of the third party to induce a party to the relationship to breach the relationship. (or refuse to enter one). Lack of any privilege on the part of the third party to induce such a breach. (no right to do so via some other aspect of law). The contractual relationship is breached. (the normally-accessible-to-anyone transaction is prevented). Damage to the party against whom the breach occurs The only real "stretch" here is that Tortious Interference is written for cases where you already have an existing business relationship or contract in place. You're talking about a situation where a vendor normally proffers its service to any member of the public, and you'd argue there's an implied contract that they do business with any comer. In real estate particularly, it gets a lot more complicated because of Fair Housing laws. The apartment could get in big trouble being caught refusing to do business with someone, if the reason for the refusal was sourced in something related to race, creed, religion, sexual orientation and a bunch of other no-no's. Even if that's not your motive, if they (plural: victim and attorney) can convince a judge or jury that it is your motive, you and the apartment could owe them a lot of money. Fun fact: conspiracy to commit a Federal crime is a felony, even if the crime isn't. Regardless... I think if you are paying the vendor to snub the customer, courts would find that to be a perverse and unjustifiable behavior, and would see harm in that, especially if it was part of a pattern of behavior that constituted harassment. They would tend to assume the worst motives unless you could show other motives. I suspect they could even get a restraining order blocking you from interfering in their business relationships anywhere. You would also be subject to discovery, and would be compelled to disclose anywhere else you interfered, and pretty much anything they want to ask you. You can't refuse to answer ... unless ... your answer would incriminate you of a crime. But that's the kiss of death in a civil trial, because the jury hears that, and infers you are a crook. Game over lol.
Not legally. Private prisons are operated under a government mandate (typically via a contract with the government). That said, depending on jurisdiction, there are plenty of scenarios where a prisoner is legally permitted to leave a prison. This can include work release programs, work details controlled by the prison, to visit sick or ill relatives, as part of a rehabilitation program (e.g., to attend an education program), etc. How much of these forms of release can be manipulated by a private prison likely varies by jurisdiction. Of course, some of the relevant decision makers may have a preference for keeping the prison owner happy, even if the owner has no direct influence. Mind you, it is probably difficult to get into such a position. I suspect a prison operator would not be sent to their own prison (and would not want to be; prisoners might attack them). Similarly, the government would probably block a jailed felon from taking ownership of their own prison.