Business Law Chapter 7

Conspiracy

Agreement between two of more persons to commit an unlawful act.

Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act

Allows private companies to bring suit against spammers for their unauthorized use of Internet Service Providers (ISPs).

Perjury

Consists of knowingly giving false testimony in a judicial proceeding after having been sworn to tell the truth.

Fifth Amendment

Constitutional protection against self-incrimination; also guarantees due process.

Uttering

Crime of issuing or delivering a forged instrument to another person.

White-Collar Crimes

Crimes that do not use nor threaten to use force or violence or do not cause injury to persons or property.

Felony

Criminal offense that is punishable by confinement in prison for more than one year or by death, or that is expressly stated by statute to be a felony.

Misdemeanor

Criminal offense with a sentence of less than one year that is neither treason nor a felony.

Blackmail

Extortion demands made by a nonpublic official.

Economic Espionage Act (EEA)

Federal law that makes it a felony to copy, download, transmit, or in any way transfer proprietary files, documents, and information from a computer to an unauthorized person.

Foreign Corrupt Practices Act (FCPA)

Federal law that makes it a felony to influence decision makers in other countries for the purpose of obtaining business, such as contracts for sales and services; also imposes financial reporting requirements on certain U.S. corporations.

Racketeer Influenced and Corrupt Organizations (RICO) Act

Federal law, initially targeting organized crime that has expanded in scope and provides penalties and civil recovery for multiple criminal offenses, or a pattern of racketeering.

White-Collar Crime Penalty Enhancement Act of 2002

Federal reforms passed as a result of the collapses of companies such as Enron; provides for longer sentences and higher fines for both executives and companies

Federal Sentencing Guidelines

Federal standards used by judges in determining mandatory sentence terms for those convicted of federal crimes.

Forgery

Fraudulently making or altering an instrument that apparently creates or alters a legal liability of another.

Extortion

Illegal demand by a public officer acting with apparent authority.

Bribery

Is the act of giving money, property, or any benefit to a particular person to influence that person's judgement in favor of the giver.

Robbery

Is the taking of personal property from the presence of the victim by use of force or fear.

Larceny

Is the wrongful or fraudulent taking of the personal property of another by any person with fraudulent intent.

Search Warrant

Judicial authorization for a search of property where there is the exception of privacy.

Mental State

Mental state, scienter, or intent, does not require an awareness or knowledge of guilt. In most crimes, the voluntary commission of the act is sufficient for proving mental state. Ignorance that a law is being broken does not mean there is not mental state.

Forfeiture

Penalty for crime

Fourth Amendment

Privacy protection in the U.S. Constitution; prohibits unauthorized searches and seizures.

Predicate Act

Qualifying underlying offense for RICO liability.

Act of Omission

Specific statutes define the conduct, or actus reus, that, when coupled with sufficient mental state, constitutes a crime.

Embezzlement

Statutory offense consisting of the unlawful conversion of property entrusted to the wrongdoer.

Burglary

The Breaking and entering during the night into the dwelling house of another with the intent to commit a felony.

Sixth Amendment

The U.S. constitutional amendment that guarantees a speedy trial.

Due Process

The constitutional right to be heard, question witnesses, end present evidence.

Arson

The willful and malicious burning of another's dwelling.

Crime

Violation of the law that is punished as an offense against the state or government.

Miranda Warnings

Warning required to prevent self-incrimination in a criminal matter.

Computer Crimes

Wrongs committed using a computer or with knowledge of computers.