Chapter 13

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Author:
Ladybird1106
ID:
299332
Filename:
Chapter 13
Updated:
2015-04-04 11:49:01
Tags:
Criminal Law Business
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Description:
Criminal Law and Businesw
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  1. Embezzlement
    • Employees embezzlement
    • Strangers steal/rob

    KNOW
  2. White Collar Crimes
    390
    • Accounting fraud                 Wire fraud
    • Bribery                               Securities fraud
    • Conspiracy                          Racketeering
    • Embezzlement                 Obstruction of Justice
    • False statements       Money laundering            
    • Forgery                         Mail fraud
    • Insider trading                  Kickbacks


    *BULK of ESSAY/ FACT PATTERN
  3. Felonies
    392
    classification is based on the punishment imposed if the person is convicted of the alleged crime.
  4. Misdemeanors
    392
    punishable by a fine or jail sentence of less than one year
  5. Unreasonable search and seizures
    395
    protects from unwarranted intrusions on their privacy by requiring the police to obtain a court ordered search warrant.
  6. Fifth Amendment
    396
    protects against self-incrimination. protests the accused from being compelled to testify against himself.
  7. Double Jeopardy
    397
    no person should be subject for the same offense twice of life or limb.

    courts do not allow individuals to be tried twice by the same governmental entity for the same crime based on the same factual situation.
  8. Grand Jury
    393 & 394
    Fifth Amendment provides that before anyone can be tried for a capital or otherwise infamous crime, there must be a presentment or an indictment by a grand jury.

    Looks at evidence and makes an inditement (formal charges).

    Probable cause- grand jury must find probable cause.

    May also subpoena business records.
  9. Petit jury
    Makes the verdict
  10. Three pleads
    392
    Guilty, Not guilty, and Nolo contendere (no contest)
  11. Unreasonable search and seizures
    395
    Fourth Amendment protects individuals and corporations from unreasonable search and seizures. Without a search warrant.

    Extenuating circumstances/exigent circumstances- good faith, entering w/o a warrant.
  12. Search warrant
    395
    Police officers can search any area you have immediate access to. Sofa, car ect. without a warrant.
  13. Expectation of privacy
    395
    • Building inspectors have to provide a search warrant.
    • Junk yard not search warrant expected.
    • Nursing homes, no search warrant.
    • At airports you have no right to privacy.
  14. Fifth Amendment
    396
    • Right to remain silent.
    • The government can not compel you to testify against yourself.
    • You can invoke spousal privilege an not testify against your spouse.
    • Businesses are not protected. You have to give records.
    • Sole proprietors are protected, because it is a sole proprietorship would be testifying against themselves.
  15. Real or physical evidence.
    396
    Fifth Amendment does not include fingerprints and DNA evidence.
  16. Miranda
    396
    Must speak up and make it clear that they are invoking their Miranda rights.
  17. Sixth Amendment Protection rights
    399
    • To a speedy trial
    • To a trial by jury
    • To be informed of the charge against you
    • To confront your accuser
    • To subpoena witnesses in your favor
    • To have the assistance of an attorney
  18. Fraud
    401
    • Falsifies, conceals, or covers up any trick scheme or device a material fact
    • Makes any materially false, fictitious, or fraudulent statement or representation
    • Makes or uses any false writing for document knowing the same to contain any materially false fictitious or fraudulent statement or entry can face fines and/or imprisonment
  19. Mail or wire fraud
    402
    • It is illegal to use either the U.S. Postal Service or electronic means of interstate communication to carry out a scheme to defraud.
    • Each use of the mail or wire communication constitutes a separate violation.
    • A statement or representation is false or fraudulent if it is known to be untrue or is made with reckless indifference as to its truth or falsity.
  20. Burden of proof
    403
    • Intent to defraud- to act knowingly and with specific intent to deceive someone.
    • Good faith- is inconsistent with intent to defraud or willfulness, purposes essential to the charges.
  21. Securities fraud
    405
    Securities Exchange Act of 1934, Rule 10(b) 5. Covers fraud in the purchase or sale of a security.
  22. Health care fraud
    406
    • Billing for services not actually performed.
    • Falsifying a patient's diagnosis
    • "Uncoding" billing for a more costly procedure
    • "Unbundling" billing each stage of a procedure as if it were a separate procedure.
    • Accepting kickbacks for patient referrals.
    • Billing for more than the copy amount.
  23. Bankruptcy Fraud
    407
    The bankrupt debtor to falsify information in the bankruptcy proceedings. Also to present a false claim in any bankrupt proceeding.
  24. Conspiracy
    408
    • Is a separate criminal offense for anyone to conspire or agree with someone else to do something that, if carried out would be a criminal offense.
    • Two or more persons
    • Defendant willfully became a member
    • One of the conspirators commits at least one of the overt acts described in the indictment.
    • Such overt act knowingly committed in an effort to carry out or accomplish the conspiracy.

    KNOW
  25. Obstruction of Justice
    409
    Occurs when an individual commits an act with the intent to obstruct the legislative process or a judicial process.

    KNOW
  26. False statement to a bank
    410
    It is a federal crime for anyone to willfully make a false statement to f federally insured financial institution.

    *Martha Stewart
  27. Larceny
    412
    Taking of personal property with the intent to deprive the rightful owner of it permanently.
  28. Robbery
    412
    Using violence or a treat to commit a crime.
  29. Burglary
    412
    Breaking into a building with the intent to commit a crime.
  30. RICO/ Racketeers Influenced and Corrupt Organizations Act
    • -Imposes criminal and civil liability upon those businesspersons who engage in certain prohibited activities and who engage in interstate commerce.
    • Uses or invest income from prohibited activities to acquire an interest in or the operate enterprise.
    • Acquires of maintains an interest in or control of an enterprise.
    • Conducts or participates in the conducts of an enterprise while being employed by or associated with it.

    FACT PATTERN
  31. Racketeering
    413
    "Any act or threat involving" specified state law crimes, "any" act indictable under various specified federal statutes, and certain federal "offenses".

    KNOW
  32. Pattern of racketeering
    413
    Only two acts of racketeering activities within in a 10-year period
  33. Aiding and abetting
    416
    A person acts under the direction of someone accused of criminal activities can be held responsible for aiding and abetting in the commission or a crime.
  34. Accessory
    416
    • Accessory before
    • Accessory after

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