slide1 l.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Chapter 8 CRIMES PowerPoint Presentation
Download Presentation
Chapter 8 CRIMES

Loading in 2 Seconds...

play fullscreen
1 / 12

Chapter 8 CRIMES - PowerPoint PPT Presentation


  • 285 Views
  • Uploaded on

Chapter 8 CRIMES. General Principles. Crime: When a person does not live up to the standards set by law, that society will prosecute the person for the misconduct. Crimes are classified as felonies and misdemeanors. A felony is a crime that is punishable by imprisonment or death.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Chapter 8 CRIMES' - JasminFlorian


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
general principles
General Principles
  • Crime: When a person does not live up to the standards set by law, that society will prosecute the person for the misconduct.
  • Crimes are classified as felonies and misdemeanors.
    • A felony is a crime that is punishable by imprisonment or death.
    • A misdemeanor is punishable by a fine or less than a year in prison.
general principles3
General Principles

Mental State

Act

Harm

Harm may occur, but it is not a required element for an act to be classified as a crime.

The defendant does not have to know that the act is criminal; it is sufficient that the act was done voluntarily.

An act or omission of a required act must actually take place.

general principles4
General Principles
  • Responsibility for Criminal Acts.
    • What happens when ‘innocent’ person is charged with a crime?
  • Corporate Responsibility.
    • Corporations may be held responsible for the criminal acts of their employees.
    • Liability may attach when employees fail to act.
    • Forfeiture is a penalty for a crime.
sarbanes oxley reforms
Sarbanes-Oxley Reforms
  • Passed after the Enron-WorldCom debacles, called the White-Collar Crime Penalty Enhancement Act of 2002.
    • Substantially increases penalties for corporate crimes.
    • Mail and wire fraud penalties to 20 years.
white collar crimes
White Collar Crimes

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

Racketeering

Counterfeiting

Forgery

Bribery

Use of Mails to Defraud

Perjury

Extortion

Criminal Libel

False Claims

Blackmail

Embezzlement

Obtaining Goods by False Pretenses

Improper Political Influence

Improper use of Interstate Commerce

Bad Checks

Improper Commercial Influence

Securities Crimes

Cheats and Swindles

punishment
Punishment
  • There is no uniform law of crimes. Each state and the federal government define and punish crimes as they choose.
  • Although the tendency is to follow a common pattern, many variations exist between the law of different states and federal law.
  • “Patriot Act” after 9-11 amends the Money Laundering Control Act and Bank Secrecy Act.
computer crimes
Computer Crimes
  • Statutes have expanded the area of criminal law to meet situations in which computers are involved.
    • The unauthorized taking of information from a computer is made a crime under both federal and state statutes.
    • The Federal Computer Access Device and Computer Fraud and Abuse Act of 1984 and the Electronic Fund Transfers Act of 1978 also expand the definition of a computer crime.
computer crimes9
Computer Crimes
  • Crime that can be committed only by person having knowledge or use of a computer.
  • Computers can be ‘victims.’
    • Theft of Hardware or Software.
    • Diverting Delivery by Computer.
    • Economic Espionage by Computer.
    • Circumventing Copyright Protection by Computer.
penalties for business crimes
Penalties for Business Crimes

Agency

May complaint

Maximum individual penalty

Maximum corporate

name

penalty

individual?

Internal Revenue Service

Yes

Willful failure to pay,

Willful failure to pay,

$10,000/five years; willful

$10,000, 50% assessment,

failure to file, $25,000/one year;

prosecution costs; willful

fraud, $100,000/three years

failure to file, $100,000;

fraud, $500,000

Antitrust Division of the

Yes

$100,000, three years, or both

$1 million, injunction,

Justice Department

divestiture

Food and Drug

Yes

$1,000, one year, or both for

$1,000 for first offense,

Administration

first offense; $10,000, three

$10,000 thereafter; seizure of

years, or both thereafter, illegal

condemned products; illegal

drug importation, $250,000/ten

drug importation, $250,000

years

Federal Trade Commission

Yes

Restitution, injunction

Restitution, injunction,

divestiture, $10,000 per day

for violation of rules, orders

Securities and Exchange

Yes

$10,000, five years, or both

$2,000,000

(1933); $100,000, five years, or

both (1934)

penalties for business crime cont d
Penalties for Business Crime (cont’d)

Agency

Agency

May complaint

May complaint

Maximum individual penalty

Maximum individual penalty

Maximum corporate

Maximum corporate

name

name

penalty

penalty

individual?

individual?

Equal Employment

Equal Employment

No

No

Injunction (some state liability

Injunction (some state liability

Injunction, back pay award,

Injunction, back pay award,

Opportunity Commission

Opportunity Commission

possible)

possible)

reinstatement

reinstatement

Office of Federal Contract

Office of Federal Contract

No

No

Suspension, cancellation of

Suspension, cancellation of

Compliance Programs

Compliance Programs

contract

contract

Environmental Protection

Environmental Protection

Yes

Yes

Medical waste, $50,000/two

Medical waste, $50,000/two

Medical waste, $1,000,000;

Medical waste, $1,000,000;

Agency

Agency

years; solid waste,

years; solid waste,

solid waste, $1,000,000;

solid waste, $1,000,000;

$250,000/two years; $50,000

$250,000/two years; $50,000

$50,000 per day of violation

$50,000 per day of violation

per day of violation penalty

per day of violation penalty

penalty

penalty

Occupational Safety and

Occupational Safety and

No

No

Willful, maximum of $70,000

Willful, maximum of $70,000

$70,000

$70,000

Health Administration

Health Administration

per violation; minimum of

per violation; minimum of

$5,000 per violation; death,

$5,000 per violation; death,

$10,000 and/or six months;

$10,000 and/or six months;

false reports, $10,000 and/or six

false reports, $10,000 and/or six

months; advance notice of

months; advance notice of

inspection, $1,000 and/or six

inspection, $1,000 and/or six

months

months

Consumer Product Safety

Consumer Product Safety

Yes

Yes

$50,000, one year, or both

$50,000, one year, or both

$500,000 (civil)

$500,000 (civil)

Commission

Commission

Fair Labor Standards Act

Fair Labor Standards Act

Yes

Yes

$10,000 per employee, six

$10,000 per employee, six

$100,000, reimbursement of

$100,000, reimbursement of

Department

Department

months, or both

months, or both

wages

wages

constitutional amendments
Constitutional Amendments
  • Criminal procedure is dictated by the Fourth, Fifth, and Sixth Amendments.
    • The Fourth Amendment protects against unreasonable searches.
    • The Fifth Amendment protects against self-incrimination and provides due process.
      • Corporations do not have a right to remain silent. Disclosures of corporate records must be made
    • The Sixth Amendment guarantees a speedy trial.