Term
| Seven federal law enforcement agencies? |
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Definition
| FBI, IRS, Secret service, Inspector General, U.S. postal inspection service, U.S. customs service, U.S. Marshals |
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Term
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Definition
| to investigate financial crimes, bank robberies, kidnapping, protecting the government, and major financial institutions from fruad, counterterrorism is also leaving fewer to WCC |
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Term
| what is the inspector general |
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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. |
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Term
| what is the US postal inspection service |
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Definition
| maintain te overall security and integrity of the mail system |
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Term
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Definition
| investigate tax frauds or misrepresentations involving coportations and individuals |
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Term
| What is the US customs service? |
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Definition
| investigate mondey laundering, falsified imports or exports documents, illegal product dumping and foriegn corruption |
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Term
| what is the US marshalls? |
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Definition
| assigned to law enforcement and court-related duties, capture fugitves and seize assets |
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Term
| what is the US secret service? |
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Definition
| investigate WCC involving counterfeighting or forgery of any form of federal currency |
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Term
| Overall trend with presidents? |
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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 |
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Term
| Difference in civil and federal prosecutions of WCC |
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Definition
| civil tend to lean more towards conventional crime while federal prosecutors have assumed the primary responsibility for pursuing major WCC cases |
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Term
| Jurisdiction for most federal WCC crime is based off of what? |
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Definition
| commerce clause wich provides that congress may regulate commerce with foreign nations and among the several state, and wtih the indian tribes |
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Term
| how many US attorneys are appointed by the president? |
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Definition
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Term
| What are the three basic functions of regulatory agencies? |
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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 |
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Term
| Regulatory agency's philosophy? |
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Definition
| compliance and deterrence |
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Term
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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) |
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Term
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Definition
| FDA,FTC,SEC,EPA,OSHA,CPSC |
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Term
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Definition
| food and drug administratinon, regulates, monitors and tests a wide range of foods drugs cosmetics medical and veterinary devices |
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Term
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Definition
| federal trade commision,find deceptiive business practices- wrongful advertising, regualtion rules, regulate mergers |
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Term
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Definition
| securities and exchange comission, regulate and police the securities market |
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Term
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Definition
| enviormental protection agency, monitor air and water quality and the dispel of various forms of waste |
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Term
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Definition
| occupational safety and health administration, workplace health and safety |
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Term
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Definition
| consumer product safety commission, established in 1972 during the height of consumver movement |
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Term
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Definition
| adoption of the federal sentencing guidelines increased the fines and jaul sentences for all offenses including WCC |
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Term
| What is corss designation? |
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Definition
| cooperative venture with local and federal prosecutors in order to pursue corporations involced in WCC |
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Term
| what is parallel proceedings |
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Definition
| where federal, state and local work together to form cases against the defendant |
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Term
| why are more cases done at the federal level? |
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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 |
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Term
| different levels of prosecution in WCC |
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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 |
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Term
| what are special prosecutors? |
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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. |
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Term
| what is the grand jury's purpose |
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Definition
| to determine whethere there is enough evidence for a trial |
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Term
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Definition
| guilty mind or criminal intent |
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Term
| what are the 4 types of mens rea? |
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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. |
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Term
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Definition
just following good orders
decisions made "in good faith"
good character
professional reliance |
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Term
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Definition
| that their defendants relied on advice of lawters and accountants so they cannot be guilty of criminal intent |
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Term
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Definition
| defense tactic were they assume a person of good character would be highly unlikely to engage in illegal activity |
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Term
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Definition
| penalizing repsonse, intended to be a deterrent |
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Term
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Definition
| which forces dissolution of the corporation |
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Term
| structural transformation |
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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) |
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Term
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Definition
| require convited corporations to issue a number o shares to state-run victim compensation board to be solf for maximum profit |
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Term
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Definition
| "No Logo" highly influential, anti-globalization activists |
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Term
| three global entities under attack |
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Definition
| world bank, internation monetary fund, world trade organization |
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Term
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Definition
| a material misstatement, misrepresentiation or omission relied upon by an underwriter or lender to fund, purchase, or insure a loan |
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Term
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Definition
| usually involces the borrower as the perpetrator on a single loan |
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Term
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Definition
| schemes involve industry professionals who commonly work togetherr(misrepresentations regarding: overstated income, assests and collateral, fictious employment is reported, inflated appraisals) |
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Term
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Definition
| schemes involve industry professionals who commonly work togetherr(misrepresentations regarding: overstated income, assests and collateral, fictious employment is reported, inflated appraisals) |
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Term
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Definition
| some who has knowling given credit information to an interested party for free |
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Term
| states with highest ammount of mortgage fraud |
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Definition
california, nevada, utah, arizona, colorado, georgia and florida
country-level mortgage fruad are significantly related to foreclosure and high rates of crime |
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Term
| various morgtgage fraud schemes |
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Definition
| illegal flipping, straw buyers, silent second mortgage, forclosure rescue, air loads, double sales scams |
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Term
| what are additional costs of mortgage fruads? |
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Definition
| forelcusure, neighborhood de-stabilization, increased levels of crime |
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Term
| proposed connection between foreclosure and crime? |
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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 |
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Term
| do we see a relationship between rates of foreclosure and crime? is it linear? is it condition? |
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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 |
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Term
| what are the conditions related to the highestlevels of foreclosure in Fl counties |
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Definition
| housing prices declinded more significantly and where there were larger shares of high loans vacation homes were more prevalent |
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Term
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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 |
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Term
| sentencing guidelines(1 of 2) |
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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 |
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Term
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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] |
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Term
| various civil fines and the guidelines surround them |
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Definition
economic santions and civil santions
ammount of losss, the offense "one or multiple offences", the efforcement costs involved. |
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Term
| principle punishment for Wcc |
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Definition
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