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3308Chap9outline08 - 9 The Criminal Law And Business...

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Unformatted text preview: 9 The Criminal Law And Business Introduction 0. Business Law Did Not Consist Of Understanding Of Criminal Law- Changed 1. Reasons For Change Of View: 0. Corporate America's $100 billion in losses 0. Arthur Andersen 1. Enron 2. MCI/WorldCom Crime 2. Wrong Against Society & Prohibited Conduct 3. Malum In Se 4. White-Collar Crime Committed By: 1. Business Entities 2. Officers 3. Accountants 4. Attorneys 5. Desk Workers Crime Classifications (Determined by punishments possible) Felony Indictment (Grand Jury by determining if sufficient evidence exists for trial) Fine or imprisonment (for a year or more) Misdememeanor Information (Gov't charge) Fine or jail less than 1 year Concepts 0. Bill of Rights First Ten Amendments 1. Willfully 6. Committed Voluntarily 7. On Purpose 8. Intent 2. Pleas 9. Guilty 10. Not Guilty 11. Nolo Contendere Grand Jury 5. Constitution- 5th Amendment 6. 23 Citizens Of Jurisdiction 7. Probable Cause 8. Presumption Of Innocence 9. No Defense Counsel 10. Subpoena Power 11. Secret Proceedings (Exception transcript may be used to impeach witness) Conspiracy 0. More Than 1 Person Agrees To (agreement is crucial action without agreement is NOT conspiracy.) Carrying Out Criminal Offense 1. Each Member Is Agent/Partner Of Other Members- Willful Member 2. Commit Overt Act- Not Required To Know Details Petit (Trial) Jury (of 12 or 6) 0. Has subpoena power 1. Tries case 2. Hears Evidence 3. Determines guilt or innocence Aiding And Abetting 3. Federal Charge 4. Assist In Criminal Act 5. Participating In Conspiracy 6. State Charge = Accessory 3. Before or after the fact 12. Fourth Amendment To Constitution 0. Looking in immediate area for a weapon does NOT require warrant 1. Probable cause is required for search warrant issuance 2. Question of validity of consent to search question Illegal Search & SeizureUnreasonable 13. 14. Extends To Civil Matters Assumes Expectation Of Privacy Fifth Amendment To Constitution 15. 12. Protects Accused From Testifying Against Self 13. Does Not Protect Against Being Required To Produce Evidence 14. Business Records Can Be Obtained 15. Only Protects Sole Proprietorship Entity Self-Incrimination 16. Double Jeopardy (trial to verdict for the same crime twice) Sixth Amendment To Constitution 4. Provides Protections To: possible punishment) 16. Speedy/Public Trial 17. Trial By Jury (only if incarceration is 18. Be Informed Of Charge 19. Confront Accuser 20. Subpoena Witnesses 21. Assistance Of Attorney Specific Business Crimes 5. Worker EndangermentOccupational Safety & Health Act 6. Obstruction Of Justice 7. False Statement 0. Bank 1. Federal Agency Specific Business Crimes (cont'd) 3. Larceny- Unlawful Taking Of Property 22. Robbery 23. Burglary 24. ID theft 0. Includes: wrongful use of account numbers to funds transfers; illegal use of bankcard (lost, stolen or expired). Fraud 7. Elements: 4. Intention To Mislead 5. Misstatement Of Fact 6. Justifiable Reliance 7. Injury 8. Securities Fraud 9. Health Care Fraud 10. Mail & Wire Fraud Mail And Wire Fraud 17. Interstate Communication 18. Scheme To Defraud- Course Of Action To Deceive Others 19. Legal Aspects- Statement (Material Fact) Known To Be Untrue Or Disregards Truth 25. Intent To Defraud- Act Knowingly 26. Good Faith Bankruptcy Crimes 0. Falsify Information 1. False Claim 2. Concealment Racketeer Influenced & Corrupt Organizations Act(1970) 20. 27. Use/Invest Income From Prohibited Activities 28. Acquire/Maintain Interest In Prohibited Enterprise 29. Conducts/Participates In Prohibited Enterprise 30. Pattern Of Racketeering 31. Collection Of Unlawful Debt Liability 21. Prohibited Activity Cyber Crime 8. Hacker (Cracker)- Unlawful Access To Electronic Information 9. Electronic Theft 2. Trade Secrets 3. Personnel Records 4. Customer Lists Trends 4. Sarbanes-Oxley Act grew out of Enron case, makes persons liable 5. Prosecution For Tax Evasion 6. Plea Bargain With Mid-Level Employees In Exchange For Testimony Against Top-Level Employees 7. Seizure Of Assets 0. This is the way Al Capone was finally Punished Business Decision: Cashing Out 11. Did You Commit A Crime When You Sold The Stock? 12. Did You Commit A Crime In Your Answer To The Federal Agent? 13. Were You Part Of An Illegal Conspiracy? 9 End of Chapter 9 ...
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This note was uploaded on 04/15/2008 for the course MANA 3308 taught by Professor Byronstuckey during the Spring '08 term at Dallas Baptist.

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