CRIMES Used by permission. For Educational purposes only.
-
Upload
vincent-griffith -
Category
Documents
-
view
229 -
download
1
Transcript of CRIMES Used by permission. For Educational purposes only.
2
General PrinciplesGeneral Principles
• Crime: When a person does not live up to Crime: When a person does not live up to the standards set by law, that society will the standards set by law, that society will prosecute the person for the misconduct. prosecute the person for the misconduct.
• Crimes are classified as felonies and Crimes are classified as felonies and misdemeanors. misdemeanors.
• A felony is a crime that is punishable A felony is a crime that is punishable by imprisonment or death.by imprisonment or death.
• A misdemeanor is punishable by a fine A misdemeanor is punishable by a fine or less than a year in prison.or less than a year in prison.
3
General PrinciplesGeneral Principles
Mental StateMental State
The defendant The defendant does not have does not have to know that to know that
the act is the act is criminal; it is criminal; it is sufficient that sufficient that the act was the act was
done done voluntarily.voluntarily.
ActAct
An act or An act or omission of omission of a required a required act must act must actually actually
take place.take place.
HarmHarm
Harm may Harm may occur, but it occur, but it
is not a is not a required required
element for element for an act to be an act to be classified as classified as
a crime.a crime.
4
General PrinciplesGeneral Principles• Responsibility for Criminal Acts.Responsibility for Criminal Acts.
• What happens when ‘innocent’ person is What happens when ‘innocent’ person is charged with a crime?charged with a crime?
• Corporate Responsibility.Corporate Responsibility.
• Corporations may be held responsible for Corporations may be held responsible for the criminal acts of their employees.the criminal acts of their employees.
• Liability may attach when employees Liability may attach when employees failfail to to act.act.
• Forfeiture is a penalty for a crime. Forfeiture is a penalty for a crime.
5
Sarbanes-Oxley Sarbanes-Oxley ReformsReforms
• Passed after the Enron-WorldCom Passed after the Enron-WorldCom debacles, called the White-Collar debacles, called the White-Collar Crime Penalty Enhancement Act of Crime Penalty Enhancement Act of 2002.2002.
• Substantially increases penalties Substantially increases penalties for corporate crimes.for corporate crimes.
• Mail and wire fraud penalties to 20 Mail and wire fraud penalties to 20 years.years.
6
Crimes that do not use (or threaten to use) force or violence or that do not cause injury to person(s) or physical damage
to property.
Credit Card Crimes
Use of Mails to Defraud
Criminal Libel
Embezzlement
Improper use of Interstate Commerce
Securities Crimes Cheats and Swindles
Obtaining Goods by False Pretenses
Bad Checks
False Claims
Perjury
Forgery
Counterfeiting
Improper Commercial Influence
Improper Political Influence
Blackmail
Extortion
Bribery
Racketeering
White Collar CrimesWhite Collar Crimes
7
PunishmentPunishment• There is no uniform law of crimes. Each There is no uniform law of crimes. Each
state and the federal government define state and the federal government define and punish crimes as they choose. and punish crimes as they choose.
• Although the tendency is to follow a Although the tendency is to follow a common pattern, many variations exist common pattern, many variations exist between the law of different states and between the law of different states and federal law.federal law.
• ““Patriot Act” after 9-11 amends the Money Patriot Act” after 9-11 amends the Money Laundering Control Act and Bank Secrecy Laundering Control Act and Bank Secrecy Act.Act.
8
Computer CrimesComputer Crimes• Statutes have expanded the area of Statutes have expanded the area of
criminal law to meet situations in which criminal law to meet situations in which computers are involved. computers are involved.
• The unauthorized taking of information The unauthorized taking of information from a computer is made a crime under from a computer is made a crime under both federal and state statutes. both federal and state statutes.
• The Federal Computer Access Device and The Federal Computer Access Device and Computer Fraud and Abuse Act of 1984 Computer Fraud and Abuse Act of 1984 and the Electronic Fund Transfers Act of and the Electronic Fund Transfers Act of 1978 also expand the definition of a 1978 also expand the definition of a computer crime.computer crime.
9
Computer CrimesComputer Crimes
• Crime that can be committed only by person Crime that can be committed only by person having knowledge or use of a computer.having knowledge or use of a computer.
• Computers can be ‘victims.’Computers can be ‘victims.’
• Theft of Hardware or Software.Theft of Hardware or Software.
• Diverting Delivery by Computer.Diverting Delivery by Computer.
• Economic Espionage by Computer.Economic Espionage by Computer.
• Circumventing Copyright Protection by Circumventing Copyright Protection by Computer.Computer.
10
Agency May complaintname
individual?
Maximum individual penalty Maximum corporatepenalty
Internal Revenue Service Yes Willful failure to pay,$10,000/five years; willful
failure to file, $25,000/one year;fraud, $100,000/three years
Willful failure to pay,$10,000, 50% assessment,prosecution costs; willfulfailure to file, $100,000;fraud, $500,000
Antitrust Division of theJustice Department
Yes $100,000, three years, or both$1 million, injunction,divestiture
Food and DrugAdministration
Yes $1,000, one year, or both forfirst offense; $10,000, three
years, or both thereafter, illegaldrug importation, $250,000/ten
years
$1,000 for first offense,$10,000 thereafter; seizure ofcondemned products; illegaldrug importation, $250,000
Federal Trade Commission Yes Restitution, injunction Restitution, injunction,divestiture, $10,000 per dayfor violation of rules, orders
Securities and Exchange Yes $10,000, five years, or both(1933); $100,000, five years, or
both (1934)
$2,000,000
Penalties for Business Penalties for Business CrimesCrimes
11
Penalties for Business Crime Penalties for Business Crime (cont’d)(cont’d)
Agency May complaintname
individual?
Maximum individual penalty Maximum corporatepenalty
Equal EmploymentOpportunity Commission
No Injunction (some state liabilitypossible)
Injunction, back pay award,reinstatement
Office of Federal ContractCompliance Programs
No Suspension, cancellation ofcontract
Environmental ProtectionAgency
Yes Medical waste, $50,000/twoyears; solid waste,$250,000/two years; $50,000per day of violation penalty
Medical waste, $1,000,000;solid waste, $1,000,000;$50,000 per day of violation
penalty
Occupational Safety andHealth Administration
No Willful, maximum of $70,000per violation; minimum of$5,000 per violation; death,$10,000 and/or six months;false reports, $10,000 and/or sixmonths; advance notice ofinspection, $1,000 and/or six
months
$70,000
Consumer Product SafetyCommission
Yes $50,000, one year, or both $500,000 (civil)
Fair Labor Standards ActDepartment
Yes $10,000 per employee, sixmonths, or both
$100,000, reimbursement ofwages
Agency May complaintname
individual?
Maximum individual penalty Maximum corporatepenalty
Equal EmploymentOpportunity Commission
No Injunction (some state liabilitypossible)
Injunction, back pay award,reinstatement
Office of Federal ContractCompliance Programs
No Suspension, cancellation ofcontract
Environmental ProtectionAgency
Yes Medical waste, $50,000/twoyears; solid waste,$250,000/two years; $50,000per day of violation penalty
Medical waste, $1,000,000;solid waste, $1,000,000;$50,000 per day of violation
penalty
Occupational Safety andHealth Administration
No Willful, maximum of $70,000per violation; minimum of$5,000 per violation; death,$10,000 and/or six months;false reports, $10,000 and/or sixmonths; advance notice ofinspection, $1,000 and/or six
months
$70,000
Consumer Product SafetyCommission
Yes $50,000, one year, or both $500,000 (civil)
Fair Labor Standards ActDepartment
Yes $10,000 per employee, sixmonths, or both
$100,000, reimbursement ofwages
12
Constitutional Constitutional AmendmentsAmendments
• Criminal procedure is dictated by the Fourth, Fifth, Criminal procedure is dictated by the Fourth, Fifth, and Sixth Amendments. and Sixth Amendments.
• The The FourthFourth Amendment protects against Amendment protects against unreasonable searches.unreasonable searches.
• The The FifthFifth Amendment protects against self- Amendment protects against self-incrimination and provides due process.incrimination and provides due process.
• Corporations do not have a right to remain Corporations do not have a right to remain silent. Disclosures of corporate records must silent. Disclosures of corporate records must be madebe made
• The The SixthSixth Amendment guarantees a speedy trial. Amendment guarantees a speedy trial.