Chapter 7 Law

White Collar Crime

A variety of non-violent illegal acts against society that most often occur in the business context.

Crimes always have...

A victim, sometimes that victim can be difficult to identify.

Defense to crime-Necessity

Acted to prevent a more serious crime.

Strict liability

Do not require a guilty mind.

Punishments of White Collar Crime

Incarceration Mandated Community Service Prohibition from engaging in occupations where similar acts could occur House arrest with monitoring.

Liability for a crime

Individuals or corporations may be charge with a crime. Corporations may not be charge with a crime for which the only penalty is prison.

Arson

Intentional burning of another's dwelling.

Defense to crime-Intoxication

Involuntary.

What is the purpose of criminal law?

To punish an offender for causing harm to public health, safety, or morals.

Burglary

Unlawfully entering building with the intent to commit a felony.

Computer Fraud

Use to obtain classified info to harm US or benefit a foreign country. TO collect financial or credit info. To use, modify, destroy, or disclose data. To cause loss of >$1,000 by altering or modifying data. Impeding medical treatment. Fraudulent transfer of data that could aid unauthorized access that either affects interstate commerce or accesses a government computer.

Fraud

When an individual intentionally uses misrepresentation to gain an advantage over another.

Defense to crime-Mistake-of-Fact

But not mistake-to-law

Robbery

Forceful and unlawful taking of personal property.

Example of the Types of Fraud crimes

Forgery Defalcation False Entries False Token False Pretenses Fraudulent Concealment Insider trading Mail Fraud Health Care Fraud Telemarketing Fraud "Ponzi Schemes" Check "Kiting" "Pretexting" Mortgage and Real Estat Fraud

Defenses to crime-Infancy

IF determined to be a legal adult, may be tried as such.

Defense to crime-Entrapment

Idea for the crime originated with police officer.

Misdemeanors

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

Fraud elements:

Material false representations with intent to deceive Reasonable reliance on representation Damages

Defense to crime-Insanity

Mental state at the time of the crime

Petty Offenses

Minor misdemeanors punishable by small fines or short jail sentences.

Computer Crimes

New way of committing traditional crimes Include hackers, cyber terrorists, and viruses.

Bribery

Offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgement or conduct of a person in a position of trust. Bribery of a public official is a federal crime Commercial bribery is a bribe in exchange for information or payoffs Foreign corrupt practices act prohibits bribery of foreign officials

Larceny

Secretive and wrongful taking away of personal property of another with intent to permanently deprive owner of use or possession-doesn't require force.

Defense to crime-Justifiable use of force

Self defense or defense of property but deadly force cannot be used to protect property.

Felonies

Serious crimes punishable by imprisonment for greater than one year, or death.

Computer Fraud and Abuse Act of 1984

The Computer Fraud and Abuse Act (CFAA) was enacted by Congress in 1986 as an amendment to existing computer fraud law (18 U.S.C. § 1030), which had been included in the Comprehensive Crime Control Act of 1984. The law prohibits accessing a computer without authorization, or in excess of authorization

Three Elements to old a corporation liable:

The individual was acting within the scope of his or her employment. The individual was acting with the purpose of benefiting the corporation. The act was imputed to the corporation.

Defense to crime-Duress

Threatened serious bodily harm or death. Threatened harm must be more serious than harm cause by crime. Threat must be immediate and inescapable.

Extortion

Threatening to do something if someone doesn't comply with your request-blackmail.

Actus Reus

Wrongful behavior, guilty act

Mens Rea

Wrongful state of mind, such as purpose, knowledge, recklessness, or negligence (guilty mind).

Embezzlement

Wrongfully taking another's property when you are lawfully in possession of it.

Criminal laws define

criminal behavior and guidelines for punishment.

When a lower-level employee commits a crime..

s/he will be individually liable, and under the responsible corporate officer doctrine, the employee's manager, and any other corporate official who could have prevented the crime, can also be held vicariously liable for the crime.