4th Amendment
protects citizens and businesses against unreasonable searches and seizures by the government
5th Amendment
provides the right to due process and protection from double jeopardy
6th Amendment
constitutional amendment that guarantees criminal defendants the right to a public and speedy trial, help from counsel, an impartial jury, the ability to confront accusers, and knowledge of the nature of the charges
Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act
federal statute that regulates spam, which is commercial e-mail or unsolicited bulk e-mail that the receiver did not ask for
corporate personhood
states that a corporation has some of the same legal rights and responsibilities as people
deterrence
when the court imposes a specific punishment with the intention of discouraging future crime
Economic Espionage Act of 1996 (EEA)
statute making the stealing of trade secrets a federal crime punishable by imprisonment of business executives and fines up to $10 million for business organizations
embezzlement
fraudulent conversion of property that is in the perpetrator's possession
False Claims Act
federal statute that allows private citizens to sue employers on behalf of the government for fraud against the government
Federal Sentencing Guidelines
advisory rules that judges typically follow when sentencing defendants convicted of federal crimes
felony
most serious type of criminal offense; punishable by the harshest penalties, including incarceration, life in prison, and death
Foreign Corrupt Practices Act of 1977 (FCPA)
federal statute that prohibits the bribery of foreign officials
fraud
when a person deliberately deceives another person to obtain money or property and that other person is injured by the deception
incapacitation
protects the public from the defendant and is achieved by house arrest, incarceration, or the death penalty
infraction
least serious form of crime; typically punishable by a fine
injunction
court order that compels a party to rectify a legal issue or refrain from a specific act that threatened or invaded the legal right of another
insider trading
illegal use of material, nonpublic information to trade on the stock exchange for one's own benefit
misdemeanor
criminal offense that carries the possibility of up to one year of incarceration
money laundering
when money from criminal activity is made to look as if it were gained legitimately
procedural due process
procedure that requires notice and an opportunity to be heard when the government denies life, liberty, or a property interest
prosecution agreement
agreement to dismiss a case instead of bringing it to trial, as long as the accused person or company meets certain conditions
Racketeer Influenced and Corrupt Organizations (RICO) Act
federal statute forbidding persons associated with an organization from engaging in a pattern of racketeering activity, such as organized crime and mail fraud
rehabilitation
action taken to transform a defendant into a valuable member of society
restitution
form of punishment used to correct an injury that the defendant inflicted on the victim; penalizes the defendant financially
retribution
balancing of the scales of justice; intended to punish the defendant in a way equal to the crime committed
Sarbanes-Oxley Act of 2002 (SOX)
rules for corporate accounting, government oversight, and financial regulations; allows investors to receive more accurate and complete financial information
substantive due process
process that prohibits the government from interfering with fundamental constitutional rights and requires that laws be fair
trade secret
process, product, method of operation, or compilation of information that is unknown to the public and may give an organization a competitive advantage
white-collar crime
nonviolent crime committed in a commercial context by a professional or manager for financial gain
White-Collar Crime Penalty Enhancement Act of 2002 (WCCPA)
federal statute that implements stronger penalties through the Federal Sentencing Guidelines to remove the disproportion between white-collar crime and street crime sentencing