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Ch12briefs - Ch 12 Briefs United States v Golden Ship...

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Ch 12 Briefs: United States v. Golden Ship Trading Co. Facts: J Wu purchased t-shirts from Hui. Hui told her the shirts were from the Dominican Republic and provided for her the documents she would need from the customs agent in the US. Wu marked on the documents that the shirts were from the Dominican Republic, however, as it turns out the shirts were actually from China. The US claims that Wu did not exercise due care when filling out the paper work and provided a materially false statement when saying the goods were from the Dominican Republic Issues: Was Wu acting negligently when relying on the documents provided by Hui? Analysis: Under the applicable statute, the state must first prove that Wu indeed produced a materially false act. This was proven because the t-shirts were actually made in China and only the sleeves were sold on in the Dominican Republic. The burden then shifted to Wu who has to prove that she exercised reasonable care under the circumstances. She could not prove this.
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