The Legal and Regulatory Environment of Business

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Chapter 12 - Criminal Law and Business CHAPTER 12 CRIMINAL LAW AND BUSINESS I. LEARNING OBJECTIVES The general purpose of this chapter is to alert students to the importance of criminal law in operating a business. The emphasis is on crimes committed by businesses rather than on business as a victim of criminal conduct. One point of emphasis is the use of criminal law enforcement in response to recent corporate scandals. This chapter also introduces students to the terminology used in criminal law, including basic concepts such as intent. Constitutional protections available to those accused of a crime are considered with particular emphasis on unreasonable searches and seizures, self-incrimination, double jeopardy, and trial by jury. Finally the chapter covers specific crimes that are commonly committed in business, especially fraud, conspiracy, and obstruction of justice, as well as other serious crimes such as violations of the Racketeer Influenced and Corrupt Organizations Act. Lastly, trends in criminal law are discussed. II. REFERENCES Abagnale, F.W., The Act of the Steal: How to Protect Yourself and Your Business from Fraud – America’s #1 Crime . Broadway Books (2001). Anastasi, J., The New Forensics: Investigating Corporate Fraud and the Theft of Intellectual Property . Biegelman, Martin T., Executive Roadmap to Fraud Prevention and Internal Control: Creating a Culture of Compliance . Wiley (2006). Broadhurst, Roderic and Peter Grabosky, Cyber-Crime: The Challenge in Asia . Hong Kong UP (2005). Coleman, J.W., The Criminal Elite: Understanding White-Collar Crime . Worth Publishers (2002). Collins, Judith M., Preventing Identity Theft in Your Business . Wiley (2005). Green, Stuart P., Lying, Cheating, and Stealing: A Moral Theory of White Collar Crime . Oxford UP (2006). LaFave, W.R., Hornbook on Criminal Law . West Publishing Co. (2003). Loewy, A.H., Criminal Law in a Nutshell , 4 th ed. West Publishing Co. (2003). 12-1
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Chapter 12 - Criminal Law and Business Rosoff, S.M., H.N. Pontell, and R. Tillman, Profit Without Honor: White-collar Crime and the Looting of America . Prentice Hall (2002). Shover, Neal, Choosing White-Collar Crime . Cambridge UP (2006). Swartz, M. and S. Watkins, Power Failure: The Inside Story of the Collapse of Enron . Doubleday (2003). III. TEACHING OUTLINE TERMS AND PROCEDURES 1. Classifications of Criminal Conduct A. Emphasize : (1) The meaning of the phrase white-collar crime . (2) The difference between a felony and a misdemeanor. (3) How an indictment differs from an information. B. Additional Matter for Discussion (1) Discuss the examples of white-collar crimes in Table 12.1. (2) Discuss the specific indictments and prosecutions listed in Sidebar 12.1. (3) Emphasize the ramifications of white-collar crime using WorldCom, Inc. as an
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Chap012 - Chapter 12 - Criminal Law and Business CHAPTER 12...

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