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Violation of the law that is punished as an offense against the state or government "Criminal state and an act or omission" |
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Criminal offense with a sentence of less than 1 year in prison that is neither treason nor a felony |
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criminal offense that is punished by confinement in prison for more than 1 year or death. is a felony |
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Corps are responsible for the acts or lack there of of their employees |
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Business crimes vs Non-bus crimes |
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business crimes punish more people at the same time. Non-bus crimes only punish those involved |
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Definition
confiscation of money, property, cars involved in crime. |
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Federal Sentencing Guidelines |
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federal standards used by judges in determining mandatory sentence terms for those convicted of fed crimes. (security fraud, antitrust violations, racketeering, embezzlement, medicare fraud) |
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White- Collar Crime Penalty Enhancement Act of 2002 |
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Definition
made punishments more serious: higher fines, longer sentences for executives and companies |
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Who is a penalty paid out to? |
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Definition
to the government. victim of a cime does not benefit from the criminal prosecution and conviction fo the wrongdoer. BUT a court may order restitution to be paid to victim |
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business crimes. committed without physical threats or acts |
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White collar crime exapmles |
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conspiracies; crimes related to production, competition and marketing; money laundering; racketeering; bribery; commercial bribery; extortion and blackmail; corrupt influence; forgety; perjury; false claims and pretenses; bad checks; credit card crimes; embezzlement; obstruction of justice; corporate fraud; common law crimes |
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agreement between two or more persons to commit an unlawful act or to use unlawful means to achieve an otherwise lawful result |
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cleaning out money that was obtained illegaly or with illegal means |
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Racheteer Influenced and Corrupt Organizations Act RICO |
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federal law, initially targetting organized crime, that has expanded in scope and provides penalties and civil recovery for multiple criminal offenses, or a patter of racketeering |
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Bribery and commercial bribery |
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Definition
act of giving money, property, or any benefit to a particular person to influence judgement in favor or giver. |
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illegal demand by a public officer acting with apparent authority vs a nonpublic authority extortion |
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making a document or money that looks to be genuin but is not legal |
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False claims and pretenses |
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1. false claims 2. obtaining goods by false pretenses 3. unauthorized use of auto teller machine 4. false info submited to banks |
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Definition
statutory offense consisting of the unlawful conversion of property entrusted to the wrongdoes |
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involve force or the threat of force or cause injury or damage to property 1) larceny 2) robbery 3) burglary 4) arson 5) riots and civil disorders |
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fraudulent or wrongful taking of the personal property with fraudulent intent |
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taking item from victum by use of force or fear |
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willful and malicious burning or anothers property |
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4th 5th 6th Amendments Due process |
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Definition
privacy protection; protection against self-incrimination; speedy trial the right to be heard, question witness and present evidence |
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