●National Information Infrastructure Act○(Federal)- protects all computers connected to the internetWhite Collar Crime●Nonviolent acts by individuals or corporations to obtain a personal or business advantage in a commercial context●American law was slow to punish corporate officials who committed crimes: we can’t “penalize a businessman trying to make a living when there are felons out on the street”●The general rule today is that corporations can be held criminally liable for any acts performed by an employee if that employee is acting within the scope of his or her authority for the purpose of benefitting the corporation. (the corporation receives the benefit when the agent acts properly and must bear the responsibility when the agent errs)Criminal Liability of Corporate Officials***Corporate officers can be held liable for the actions of their company-Corporate officers will definitely be held liable for criminal acts that they participate in or authorize. In addition, they will be held liable for acts that they aid and abet through any significant assistance or encouragementSarbanes Oxley●Requires CEOs and CFOs to certify their belief in the accuracy of their companies’ financial statements as well as the effectiveness of their companies’ internal controls andpunishing them criminally if they lie. The punishment is as much as a five million dollar fine and 20 years imprisonment●Addressing alteration of documents by adding two criminal provisions. The first punisheswith a penalty of up to 20 years in prison the destruction, alteration, and falsification of records in federal investigations and bankruptcy. The second requires auditors who audita reporting company to maintain all audit or review workpapers for 7 years●Mandating the US Sentencing Commission to alter sentencing guidelines to enhance punishment in cases involving obstruction of justice or abuse of a position of trust●Increasing the penalties for several existing criminal acts that are often related to securities fraud, including mail fraud, wire fraud, and ERISA violations●Making it a crime to retaliate against an informant who provided truthful information relating to the commission of any federal offense to law enforcement officersCH. 8 (Law of Torts) Why do I need to know this?-Business
-Personal experienceWhat do I need to know?-Intentional (less likely)-Employer Liability (deep pocket theory)-Negligence (most common that employers will face)-***reckless vs negligent (driving 90 mph in a 30 vs driving 35 mph in a 30)-Insurance (costly, but can save you)What is a tort?- “Any wrong excluding breaches of contract and crimes” or “any non contractual civil wrong committed upon the person or property of another”●Tort= “wrong” in FrenchIntentional Torts-Assault and battery-Defamation (libel v slander)-Injurious Falsehood-False Imprisonment (shoplifter)-Trespass-Intentional Infliction of Mental DistressIntentional Tort ThemeRequires:1.
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