Case Problem:
Question 1. In 2007, Justin’s Inc. suspected and accused one of its employees, Alfred R. Albrect, of theft. The union to which Albrect belonged negotiated an oral contract with Justin’s whereby Albrect agreed to accept a permanent layoff if Justin’s would not report the suspected theft to the state’s unemployment agency so that Albrect could collect unemployment benefits. Justin’s agreed. It is a crime for an employer and employee to withhold relevant information from the state’s unemployment agency. Justin’s subsequently reported the suspected theft to the state’s unemployment agency, and Albrect was denied unemployment benefits. Albrect sued Justin’s for damages for breach of contract. Can Albrect recover against Justin’s?
Question 2. John Soifer paid an unsolicited $3,000 bribe to Judge Susan Whitehead so that the judge would be lenient to a friend of Soifer’s who had a case pending before Judge Whitehead. Judge Whitehead reported the incident and turned the money over to the state’s attorney general. The state of Maine indicted Soifer for bribery and sentenced him to four years in prison. Soifer filed a motion to recover the $3,000 from the state. Can Soifer recover the money?