ACCT 324 Chp 7

the fourth amendment includes two important safeguards:

-the prohibition against unreasonable search and seizure -protects an individual privacy

Fraud generally requires the following elements

1) a false representation of a material fact 2) the misrepresentation is made with intent to deceive (scienter) 3)a victim's reasonable reliance on the false representation 4)damages

strict-liability offenses

An offense for which no mens rea is required.

To demonstrate bribery under this statute, the government must show three elements:

1) something of value was offered, given, or promised 2) a federal public official with 3)intent to influence a persons judgement or conduct.

insanity

1)couldn't understand the wrongful nature of the act or 2)distinguish between right and wrong in a general sense

Burglary

entering a building unlawfully with intent to commit a felony

to prove actus reus

government must establish the nonmental elements of the crime and demonstrate that a prohibited act or consequence resulted because of the defendant's actions

to prove mens rea

government must prove that the defendant acted with purpose, knowledge, recklessness, or negligence, depending on which of these states of mind is required by the law defining the relevant offense.

Defalcation

misappropriation of money or funds held by an official, trustee, or other fiduciary.

Petty offenses

such as violating a building code, are minor misdemeanors usually punishable by a jail sentence of less than six months or a small fine

Pretexting

using fraudulent means to obtain information about someone's phone use

embezzlement

when a person who is entrusted with another person's property fraudulently appropriates it

Robbery

forceful and unlawful taking of personal property

To punish an individual for criminal behavior, the government must demonstrate the two elements of a crime:

1. wrongful behavior, that is, actus reus, or a guilty act 2. a wrongful state of mind, also known as men's rea, or a guilty mind

false token

A false document or sign of existence used to perpetrate a fraud, such as making counterfeit money

Felonies

A serious criminal offense punishable by a prison sentence of more than one year

white-collar crime

A variety of nonviolent illegal acts against society that most often occur in the business context. (mail fraud, bribery, embezzlement, and computer crimes)

eighth amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Fifth Amendment

Prohibition of "double jeopardy" Right not to incriminate oneself Right to "due process"

Sixth Amendment

Right to a speedy and public trial by an impartial jury

insider trading

The buying or selling of stocks by insiders who possess information that is not yet public

forgery

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

Extortion (blackmail)

The making of threats for the purpose of obtaining money or property

false pretenses

a designed misrepresentation of existing facts or conditions by which a person obtains another's money or goods, such as the writing of a worthless check

cyber terrorist

a hacker who intends to exploit a target computer or network to create a serious impact, such as crippling a communications network or sabotaging a business or organization

false entry

an entry in the books of a bank or corporation designed to represent funds that do not exist

Ponzi Scheme

an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later ones

Fourteenth Amendment

due process and equal protection

affirmative defenses

excuses for unlawful behavior

Misdemeanor

less serious crimes punishable by fines or imprisonment for less than one year

liability without fault (strict liability)

liability in which responsibility for damages is imposed regardless of the existence of negligence

computer crime

refers broadly to any wrongful act that is directed against computers, uses computers to commit a crime, or involves computers

The foreign corrupt practices act (FCPA)

serves to combat bribery of foreign officials

arson

the intentional burning of another's dwelling

bribery

the offering, giving, receiving, or soliciting of something of value for the purpose of influencing the judgement or conduct of a person in a position of trust

Larceny

the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession

Fraudulent Concealment

the suppression of a material fact that a person is legally bound to disclose