Term
|
Definition
| Any act or omission forbidden by public law in the interest of protecting society and made punishable by the government in a judicial proceeding brought by it. |
|
|
Term
| Liability of a Corporation |
|
Definition
| Under certain circumstances a corporation may be convicted of crimes and punished by fines. |
|
|
Term
|
Definition
Non-violent crime involving deceit, corruption, or breach of trust
|
|
|
Term
| Example of White Collar Crime by individuals |
|
Definition
|
|
Term
| Crimes committed on behalf of a corporation |
|
Definition
| commercial bribery, product safety and health crimes, false advertising, and anti-trust violations. |
|
|
Term
Sarbanes-Oxley Act
Criminal Penalties |
|
Definition
| 1. making it a crime to defraud any person or to obtain any money or property fraudulently in connection with any security of a public company with penalties of a fine and or up to twenty five years in jail. |
|
|
Term
Sarbanes-Oxley Act
Criminal Penalties
|
|
Definition
| 2. Imposing fines and or imprisonment of up to of up to twenty years for knowingly altering, destroying, mutilating, or falsifying any document with the intent of impeding a federal investigation. |
|
|
Term
Sarbanes-Oxley Act-
Penalties for existing crimes
|
|
Definition
| Mail and wire fraud (5 year maximum increased to 25 year maximum) |
|
|
Term
Sarbanes-Oxley Act-
Penalties for existing crimes
|
|
Definition
| Violation of the Securities and Exchange Act (10year maximum increased to 20 year maximum) |
|
|
Term
|
Definition
| Has stolen $50 billion dollars. He was the NASDAQ Chairman charged with securities investment advisor, mail and wire fraud, perjury, and money laundering. Serving 150 years in prison. |
|
|
Term
|
Definition
AKA Cyber Crime
Crime by, with, or at a computer |
|
|
Term
| Computer Crime as an instrument |
|
Definition
| Distribution of child pornography, money laundering, illegal gambling, copyright infringement, illegal communication of trade secret, and fraud involving credit cards, e-commerce, and securities. |
|
|
Term
| Computer Crimes as a target |
|
Definition
| Theft or destruction of proprietary information, vandalism, denial of service, website defacing and interference, and implanting malicious code. |
|
|
Term
|
Definition
| Racketeer Influenced and Corrupt Organizations Act |
|
|
Term
|
Definition
| federal law intended to stop organized crime from infiltrating legitimate businesses. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Trying to find a pattern that people use and then try to stop a crime from happening |
|
|
Term
|
Definition
| any of several criminal offenses listed in RICO. |
|
|
Term
| 9 major categories of state crimes |
|
Definition
| Murder, Kidnapping, Arson, Extortion, Drug Dealing, Mail Fraud, and Bribery. |
|
|
Term
| 7 Crimes against Businesses |
|
Definition
1. Larceny
2. Embezzlement
3. False Pretenses
4. Robbery
5. Burglary
6. Extortion and Bribery
7. Forgery |
|
|
Term
|
Definition
Trespassory, taking or carrying away personal property with no intent of returning it
*Something must be taken
*Stealing and keeping it |
|
|
Term
|
Definition
Taking the property of ones employer in violation of trust
Omitted by a person who has legal possession of an object and takes it
*Like a bookkeeper who has a control of money and takes it. |
|
|
Term
|
Definition
Taking assets by lying
*Someone comes to your door asking for money for a charity, and then keeps it for themselves. |
|
|
Term
|
Definition
| There must be a threat of a violence or force. |
|
|
Term
|
Definition
A person entering a home at NIGHT.
*There to commit a felony |
|
|
Term
|
Definition
Making threats
Extortion- to obtain a property
Bribery- influencing a public official like a government employee to change their decision. |
|
|
Term
|
Definition
| Intentional falsification of a document in order to defraud. |
|
|
Term
| Any defense to a crime committed against a business? |
|
Definition
Yes. You have a right to use deadly force when your life is in danger.
You CAN NOT defend your property using deadly force |
|
|
Term
|
Definition
| Coercion by threat of serious bodily injury |
|
|
Term
|
Definition
If you don't steal me a beer, I will will you. You would not be charged with larceny if you actually steal the beer.
*Patty Hurst- 30-40 years ago, she was an heiress and got caught robbing a bank, and claimed defense of duress. |
|
|
Term
|
Definition
| The police entice you to commit a crime, that you normally wouldn't have done. |
|
|
Term
|
Definition
| protects individuals from unreasonable seizures and searches. |
|
|
Term
| Example of the 4th amendment in use |
|
Definition
| If a cop pulls you over, and smells pot, they have a right to search. |
|
|
Term
|
Definition
| If you were searching a home for a machine gun with a warrant, and you looked in the medicine cabinet, and found cocaine, you can't use that evidence in court. A machine gun would not be in the medicine cabinet so the evidence is not allowed. |
|
|
Term
|
Definition
| when a cop has enough evidence to show a judge, so that the judge can sign a search warrant. |
|
|
Term
| When a warrant is not needed: |
|
Definition
1) There is a hot pursuit of a fugitive
2) The subject of the search voluntarily consents
3) an emergency requires such action
4) there is a lawful arrest
5) Evidence of a crime is in plain view of the police
6) a delay would present significant obstacles to the investigation |
|
|
Term
|
Definition
| A paper signed by a judge that allows the police to search without consent of the persons property. |
|
|
Term
|
Definition
| when someone allows you to search and enter. |
|
|
Term
|
Definition
Prohibits self incrimination
*I plead the 5th* |
|
|
Term
|
Definition
| Right to a fair and speedy trial |
|
|
