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WCC final
final review from class
56
Criminology
Undergraduate 3
06/16/2011

Additional Criminology Flashcards

 


 

Cards

Term
Seven federal law enforcement agencies?
Definition
FBI, IRS, Secret service, Inspector General, U.S. postal inspection service, U.S. customs service, U.S. Marshals
Term
What is the fbi
Definition
to investigate financial crimes, bank robberies, kidnapping, protecting the government, and major financial institutions from fruad, counterterrorism is also leaving fewer to WCC
Term
what is the inspector general
Definition
to detect and prevent fraud, waste, abuse and violence of law and to promote efficiency and effectiveness in the operations of the federal gov.
Term
what is the US postal inspection service
Definition
maintain te overall security and integrity of the mail system
Term
What is the IRS
Definition
investigate tax frauds or misrepresentations involving coportations and individuals
Term
What is the US customs service?
Definition
investigate mondey laundering, falsified imports or exports documents, illegal product dumping and foriegn corruption
Term
what is the US marshalls?
Definition
assigned to law enforcement and court-related duties, capture fugitves and seize assets
Term
what is the US secret service?
Definition
investigate WCC involving counterfeighting or forgery of any form of federal currency
Term
Overall trend with presidents?
Definition
since watergate, federal prosecutors find it more appealing to pursue WCC.
reagan and bush's first administration showed little commitment to prosecuting WCC
Clinton showed an increase in the number of Antitrust cases
Obama fed prosecutors are moving muich more aggresively to take on financial fraud cases with a complete overhall
Term
Difference in civil and federal prosecutions of WCC
Definition
civil tend to lean more towards conventional crime while federal prosecutors have assumed the primary responsibility for pursuing major WCC cases
Term
Jurisdiction for most federal WCC crime is based off of what?
Definition
commerce clause wich provides that congress may regulate commerce with foreign nations and among the several state, and wtih the indian tribes
Term
how many US attorneys are appointed by the president?
Definition
94
Term
What are the three basic functions of regulatory agencies?
Definition
rule making: empower to create rules that carry the force of law
Adminsitration: regualtory authorities enforce standards and safety according to own regulations, often quite informal
Adjucation: have statutory authority to perform their functions with oversight from the legislative brance
Term
Regulatory agency's philosophy?
Definition
compliance and deterrence
Term
US v. Grimuad (1911)
Definition
basically started regulation in the US; first case of regulation which the US supreme court said that its impractical for congress to provide general regulations for grazing rights and then it gave power to the adminsitrative agency(USDA)
Term
Six regulatory agencies
Definition
FDA,FTC,SEC,EPA,OSHA,CPSC
Term
what is the fda?
Definition
food and drug administratinon, regulates, monitors and tests a wide range of foods drugs cosmetics medical and veterinary devices
Term
hat is the FTC
Definition
federal trade commision,find deceptiive business practices- wrongful advertising, regualtion rules, regulate mergers
Term
what is the SEC
Definition
securities and exchange comission, regulate and police the securities market
Term
what is EPA
Definition
enviormental protection agency, monitor air and water quality and the dispel of various forms of waste
Term
what is OSHA
Definition
occupational safety and health administration, workplace health and safety
Term
what is CPSC
Definition
consumer product safety commission, established in 1972 during the height of consumver movement
Term
Mistretta v. U.S.
Definition
adoption of the federal sentencing guidelines increased the fines and jaul sentences for all offenses including WCC
Term
What is corss designation?
Definition
cooperative venture with local and federal prosecutors in order to pursue corporations involced in WCC
Term
what is parallel proceedings
Definition
where federal, state and local work together to form cases against the defendant
Term
why are more cases done at the federal level?
Definition
local level dont see coroporate crime as a very serious problem, wcc is more complex and costoly and less likely to be scessful, so there is a greater difficulty in establishjing criminal intent, covters are more concerned with conviction of conventional criminals
Term
different levels of prosecution in WCC
Definition
local prosecution- low ammounts to spend on WCC and focus more on conventional criminals, state attourney-have medium amts of resources to spare on wcc general, federal prosecution-large amnts of resources for WCC(more cases that spread across state lines) use RICO to prosecute
Term
what are special prosecutors?
Definition
have been appointed in politcally sensitve cases to act free from direct supervision by the administration in power. this was in response to the watergate affair.
Term
what is the grand jury's purpose
Definition
to determine whethere there is enough evidence for a trial
Term
what is mens rea?
Definition
guilty mind or criminal intent
Term
what are the 4 types of mens rea?
Definition
prupose- defendant hasa conscious object ot commit the act, knowledge- defendent knew the act or result would almost certainly occur, recklessness- defendant is aware of the risk that the act would occur, negligence- defendent should have known the act would occur.
Term
common deffenses in WCC
Definition
just following good orders
decisions made "in good faith"
good character
professional reliance
Term
Professional reliance?
Definition
that their defendants relied on advice of lawters and accountants so they cannot be guilty of criminal intent
Term
good character
Definition
defense tactic were they assume a person of good character would be highly unlikely to engage in illegal activity
Term
Punitive
Definition
penalizing repsonse, intended to be a deterrent
Term
capital punishment
Definition
which forces dissolution of the corporation
Term
structural transformation
Definition
if we want a substantial reduction of WCC, it would require a change of society's political, economic and cultural structure(reforms and new laws will have little effect)
Term
equity fines
Definition
require convited corporations to issue a number o shares to state-run victim compensation board to be solf for maximum profit
Term
naomi klein
Definition
"No Logo" highly influential, anti-globalization activists
Term
three global entities under attack
Definition
world bank, internation monetary fund, world trade organization
Term
mortgate fraud
Definition
a material misstatement, misrepresentiation or omission relied upon by an underwriter or lender to fund, purchase, or insure a loan
Term
fraud-for-property
Definition
usually involces the borrower as the perpetrator on a single loan
Term
fraud-for-profit
Definition
schemes involve industry professionals who commonly work togetherr(misrepresentations regarding: overstated income, assests and collateral, fictious employment is reported, inflated appraisals)
Term
fraud-for-profit
Definition
schemes involve industry professionals who commonly work togetherr(misrepresentations regarding: overstated income, assests and collateral, fictious employment is reported, inflated appraisals)
Term
straw buyers
Definition
some who has knowling given credit information to an interested party for free
Term
states with highest ammount of mortgage fraud
Definition
california, nevada, utah, arizona, colorado, georgia and florida
country-level mortgage fruad are significantly related to foreclosure and high rates of crime
Term
various morgtgage fraud schemes
Definition
illegal flipping, straw buyers, silent second mortgage, forclosure rescue, air loads, double sales scams
Term
what are additional costs of mortgage fruads?
Definition
forelcusure, neighborhood de-stabilization, increased levels of crime
Term
proposed connection between foreclosure and crime?
Definition
net of standard variables considered in country crime studeis we find that rates of acquisitive crime and stranger homiscide are higher in countries with evaluated levels of foreclosure. The effect of foreclosure is larger in the case of acquisition
Term
do we see a relationship between rates of foreclosure and crime? is it linear? is it condition?
Definition
non-trivial association between foreclosure rates and crime rates, we found no evidence on non-linearity, but we found that the magniturde of the effect of foreclosure on crime is contingent on other factors, most notably levels of economic disadvantage, pre-existing vacancies and levels of unemployment
Term
what are the conditions related to the highestlevels of foreclosure in Fl counties
Definition
housing prices declinded more significantly and where there were larger shares of high loans vacation homes were more prevalent
Term
what is acquittal?
Definition
judgement, as by a jury or judge that a defendant is not guilty of the crime charged, wcc defendants are more likely to plead not guilty
Term
sentencing guidelines(1 of 2)
Definition
they are a set of rules for all offense thought to be uniform and transparent to prevent abuse, harm-nature of the harm caused, blameworthiness- individuals company, consequences for the community and those involved
Term
RICO (2 of 2)
Definition
one of two major prosecutorial weapons for WCC cases) federal law that profeides for exteneded criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization[bribery, counterfeighting, theft, embezzlement, fraud, money laundering, bankruptcy fraud or securities fraud]
Term
various civil fines and the guidelines surround them
Definition
economic santions and civil santions
ammount of losss, the offense "one or multiple offences", the efforcement costs involved.
Term
principle punishment for Wcc
Definition
a fine
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