Term
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Definition
Taking on the identity of another. Often done to obtain credit cards (or use the credit cards of another), or benefits such as Social Security benefits.
Identity Fraud it the fastest-growing financial fraud in the US |
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Term
| Identity Theft and Assumption Deterrence Act of 1998 |
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Definition
An act passed by Congress which criminalized identity fraud.
The act makes identity fraud a federal felony punishable with prison sentences ranging from 3 to 25 years.
The Act also appointed the Federal Trade Commission (FTC)- a federal administrative agency- to help victims restore their credit and erase the impact of the imposter. |
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Term
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Definition
A crime in which one person gives another person money, property, favors, or anything else of value for a favor in return.
It is often referred to as a payoff or "kickback."
Intent is a necessary element of this crime. |
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Term
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Definition
The crime of commercial bribery prohibits the payment of bribes to private persons and businesses.
This type of bribe is called a kickback or a payoff. |
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Term
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Definition
The OFFEROR of a bribe commits the crime of bribery when the bribe is tendered.
The OFFEREE is guilty of the crime of bribery when he or she accepts the bribe.
The offeror can be found liable for the crime of bribery even if the person (offeree) to whom the bribe is offered rejects the bribe. |
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Term
| Foreign Corrupt Practices Act of 1977 |
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Definition
| A federal statute that makes it illegal for US companies, or their officers, directors, agents, or employees, to bribe a foreign official or foreign political party official to influence the awarding of new business or the retention of continuous business activity. |
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Term
| Why was the Foreign Corrupt Practices Act necessary? |
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Definition
| Payment of bribes is often used in conducting international business. To prevent US companies from engaging in this activity, the Foreign Corrupt Practices Act was passed. |
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Term
| What penalties can be imposed under the Federal Corrupt Practices Act? |
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Definition
The FCPA makes it illegal for US Businesses to bribe foreign officials. But the bribe is only illegal if it is meant to influence the awarding of new business or retaining a continuing business activity.
The FCPA imposes criminal liability for illegal bribery. Individuals can be fined up to $100,000 and imprisoned for up to 5 years.
A firm (corporation) can be fined up to $2 million dollars. |
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Term
| 1988 Amendments to the Foreign Corrupt Practices Act |
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Definition
Amendments to the FCPA created TWO defenses:
1) a firm or person charged with bribery under the FCPA is EXCUSED if they can show that the payment was lawful under the written laws of the FOREIGN country.
2) A defendant is excused if he can show that a payment was a reasonable and bona fide expenditure related to a contract.
(This last exemption is difficult to interpret.) |
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Term
| Racketeer Influenced and Corrupt Organizations Act (RICO) |
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Definition
A federal act that provides for both criminal and civil penalties for racketeering.
It is one of the most important laws affecting business.
It originally applied to organized crime and now applies to nonorganized crime as well. |
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Term
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Definition
Racketeering consists of a number of specifically enumerated federal and state crimes including gambling, arson, robbery, counterfeiting, and dealing in narcotics.
Business related crimes such as bribery, embezzlement, mail fraud and wire fraud are also considered racketeering. |
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Term
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Definition
| makes it a federal crime to acquire or maintain an interest in, use income from, or conduct or participate in the affairs of an enterprise through a PATTERN of racketeering activity. |
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Term
| Proving a PATTERN of racketeering |
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Definition
| the defendant must have committed at least two predicate acts within a 10-year period. (For example: committing two different frauds would be a pattern.) |
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Term
| Penalties for Criminal RICO violations |
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Definition
Individual defendants found criminally liable for RICO violations can be fined up to $25,000 PER violation.
They can also be imprisoned for up to 20 years.
They can be both fined and imprisoned.
Additionally, RICO provides for the forfeiture of any property or business interests (even in a legitimate business) that were gained because of RICO violations. |
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Term
| Civil Penalties for RICO violations |
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Definition
| include injunctions, orders of dissolution, reorganization of business, and divestiture of the defendant's interest in an enterprise. |
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Term
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Definition
Persons injured by a RICO violation can bring private CIVIL action against the violator to recover injury to business or property.
The plaintiff may recover TREBEL damages (three times the actual loss) plus attorney's fees. |
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Term
| Money Laundering Control Act |
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Definition
A federal statute that makes money laundering a federal crime.
It makes it a crime to:
1) knowingly engage in a monetary transaction through a financial institution involving property worth more than $10,000.
This includes making deposits, obtaining cashier's checks, money orders, or travelers' checks from a bank or other financial institution.
2) knowingly engaging in a financial transaction involving the proceeds of an illegal activity.
This includes buying real estate, automobiles, personal property, or anything else of value with money obtained from illegal activities. |
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Term
| How money laundering works |
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Definition
When criminals make money from illegal activities, they have large sums of money and no record of how the money was earned. This could tip off the government that something illegal is going on.
They "wash" the money and make it look as though it was earned legitimately by purchasing legitimate businesses and running the money through that business to "clean" it before the criminal receives the money.
The legitimate business has "cooked the books," by showing faked expenditures and receipts, in which the illegal money is buried.
Cash businesses make excellent money laundries - ex: restaurants, bars, motels. |
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Term
| Penalties for money laundering |
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Definition
Money laundering is a federal crime because it often comes from illegal gambling, drug dealing, or fraud.
fine of up to $500,000 or twice the value of the property that was involved - whichever is greater.
They can also be sentenced up to 20 years in federal prison.
Any property involved in the offense is subject to forfeiture to the government. |
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Term
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Definition
an inchoate crime is an incomplete crime or a crime committed by nonparticipants.
It includes criminal conspiracy, attempt to commit a crime, aiding and abetting the commission of a crime, and cyber crimes. |
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Term
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Definition
a crime in which two or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime.
But, the crime itself does not have to be committed. |
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Term
| When does the government bring a criminal conspiracy charge? |
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Definition
If
1) the defendants have been thwarted in their efforts to commit the substantive crime, or
2) insufficient evidence is available to probe the substantive crime. |
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Term
| What is an example of a criminal conspiracy? |
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Definition
If two securities brokers agreed to commit a securities fraud (the agreement part) and obtained a list of potential victims and prepared false financial statements (the overt actions part) necessary to commit the fraud.
Even though it wasn't carried out, they made an agreement and took overt action, so they are guilty of criminal conspiracy. |
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Term
| Attempt to Commit a Crime |
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Definition
| Just the attempt to commit a crime is a crime itself. |
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Term
| Example of Attempt to Commit a Crime |
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Definition
| Someone wants to kill her neighbor (I can relate). She shoots at her neighbor but misses. The perpetrator is not liable for the crime of murder, but is liable for the crime of ATTEMPTED murder. |
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Term
| Aiding and Abetting the Commission of a Crime |
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Definition
It is a crime to support, assist, or encourage the commission of a crime. It is also aiding and abetting to harbor a criminal.
For example: I DON'T miss when I kill my neighbor, and then someone hides me after I commit the crime. The person who hides me is guilty of aiding and abetting. |
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Term
| Information Infrastructure Protection Act (IIP Act) |
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Definition
An act passed by Congress in 1996 which addressed computer related crimes as distinct offenses and provides protection for any computer attached to the Internet.
It is a federal crime for anyone to intentionally access and obtain information from a protected computer without authorization.
It doesn't have to be for commercial benefit- hackers and people who transmit viruses can be prosecuted under this Act. |
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Term
| Penalties for IIP Act violations |
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Definition
| Fines (unspecified) and imprisonment for up to 10 years. |
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Term
| Unreasonable Search and Seizure |
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Definition
Any search and seizure by the government that violates the 4th Amendment.
The 4th Amendment permits people to be secure in their persons, houses, papers, and effects without UNREASONABLE search and seizure. |
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Term
| What the hell is REASONABLE search and seizure? |
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Definition
"Reasonable" search and seizure is LAWFUL search and seizure.
Search warrants are needed, but sometimes a warrantless search can be permitted. |
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Term
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Definition
In order for the government to search and seize, they must have probable cause to search.
A search warrant specifically states the place and scope of an authorized search.
General searches beyond the specified area are forbidden. |
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Term
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Definition
Warrantless Searches are only permitted:
1) as incidental to an arrest
2) where evidence was in "plain view"
or
3) where evidence likely will be destroyed.
They are still judged by the probable-cause standard. |
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Term
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Definition
A rule that says evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or administrative proceeding against the person searched.
The evidence cannot be used against the person searched, but it CAN be used against OTHER persons. (Go figure) |
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Term
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Definition
| This is an exception to the exclusionary rule. It allows evidence obtained illegally to be used as evidence against the accused if the police who conducted the unreasonable search believed that they were acting pursuant to a lawful search warrant. |
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Term
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Definition
| The 5th Amendment states that no person shall be compelled in any CRIMINAL case to be a witness against himself. |
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Term
| 5th Amendment and Self-Incrimination |
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Definition
Someone cannot be forced to give testimony against herself, but nontestimonial evidence such as fingerprints, body fluids, etc. CAN be required.
It applies only to people - not corporations or partnerships.
Business records of corporations and partnerships are NOT protected, even if they incriminate PEOPLE who work for the business. |
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Term
| Self incrimination provisions on the federal level vs. state and local level. |
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Definition
The 5th Amendment provisions concerning self-incrimination apply to federal cases.
It is extended to state and local cases through the Due Process Clause of the 14th Amendment. |
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Term
| Miranda vs. Arizona (1966) |
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Definition
In this case, the Supreme Court decided that the 5th Amendment privilege against self-incrimination is not useful unless a criminal suspect has KNOWLEDGE of this right.
The Supremes required that warnings (now known as Miranda rights) be read to a criminal suspect before he is interrogated by the police or other government officials. |
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Term
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Definition
Rights that a suspect must be informed of before being interrogated so that the suspect will not unknowingly give up his 5th Amendment rights.
Any statements or confessions obtained from a suspect prior to being read his Miranda Rights is excluded from evidence at trial. |
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Term
| The Miranda Rights tell the criminal: |
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Definition
1) You have the right to remain silent.
2) Anything you say can and will be used against you.
3) You have the right to consult a lawyer and to have the lawyer present with you during the interrogation.
4) If you can't afford a lawyer, a lawyer will be appointed free of charge. |
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Term
| Immunity from Prosecution |
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Definition
Often given by the government when they want a suspect to give information that will lead to the prosecution of other, more important criminals.
It is often used when a suspect has invoked his 5th Amendment rights against self-incrimination. The government agrees not to use any evidence given by the person against that person. But, once immunity is granted, the individual gives up his right to assert his 5th Amendment privileges. |
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Term
| Partial Grant of Immunity |
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Definition
| A suspect may be granted immunity from prosecution for a serious crime, but not for a lesser crime in exchange for information. |
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Term
| Attorney-client Privilege |
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Definition
| A rule that says a client can tell his or her lawyer anything about the case without fear that the attorney will be called as a witness against the client. |
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Term
| 5th Amendment and attorney-client and other privileges |
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Definition
The attorney-client privilege is protected by the 5th Amendment. Either the client OR the attorney can raise this privilege.
Other privileges protected under the 5th:
1) psychiatrist/psychologist- patient
2) Priest/minister/rabbi - penitent privilege
3) Spouse-Spouse privilege
4) Parent-Child Privilege
Exceptions: a spouse/child who is beaten by a spouse/parent may testify against the accused. |
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Term
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Definition
| A clause of the 5th Amendment that protects persons from being tried twice for the same crime. |
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Term
| Double Jeopardy and Court |
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Definition
A person cannot be tried for the same crime twice; so, if the state tries someone for a crime, and the criminal is found innocent by the jury, the state can't try the person again for the same crime.
But, if the same criminal act involves different crimes, the accused can be tried for each of the crimes without violating the double jeopardy clause. (EX: the accused kills 2 people during a robbery; the accused may be tried for 2 murders and a robbery.)
If the same act violates the laws of two or more jurisdictions, each jurisdiction may try the accused. (Ex: kidnapping a person in one state and crossing state lines.) |
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Term
| 6th Amendment Right to a Public Jury Trial |
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Definition
6th Amendment guarantees that criminal defendants have:
1) Right to be tried by an impartial jury of the state or district in which the alleged crime was committed.
2) Right to confront (cross-examine) the witnesses against the accused.
3) Right to have the assistance of a lawyer.
4) Right to have a speedy trial. |
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Term
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Definition
The Speedy Trial Act requires that a criminal defendant be brought to trial within 70 days after INDICTMENT.
The court may grant continuances to serve the "ends of justice." |
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Term
| 8th Amendment Protection Against Cruel and Unusual Punishment |
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Definition
| This amendment prohibits the TORTURE of criminals, but it does NOT prohibit capital punishment. |
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Term
| Federal Antiterrorism Act |
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Definition
In response to 9/11 attacks, Congress enacted the Federal Antiterrorism Act.
It assists the government in detecting, investigating, and prosecuting terrorists. |
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Term
| Main Features of the Federal Antiterrorism Act |
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Definition
Special Intelligence Court: can issue expanded wiretap orders and subpoenas to obtain evidence of suspected terrorism.
Nationwide Search warrant: creates a national search warrant to obtain evidence of terrorist activities.
Roving wiretaps: permits "roving wiretaps" on a person suspected of involvement in terrorism so ANY telephone or electronic device USED by the person may be monitored.
Detention of noncitizens: US govt. can detain a nonresident who is in the US for up to 7 days without filing charges against the person. Nonresidents who are certified by a court as a threat to national security may be held for up to 6 months without a trial. |
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