Ch19

Criminal Law

Quiz• Closed book/closed notes• Phones & computers put away• You may collaborate with your team• You are responsible for the answers on your quiz• You do not have to choose the same answers as your team

Civil vs. Criminal Law Civil CriminalOffense State (“Against the peace and IndividualAgainst dignity of the state of Alabama”)Who brings District Attorney, Attorney General, Victim (“Plaintiff”)suit or US Attorney (“State” or “US”) “Preponderance ofBurden of “Beyond a reasonable doubt” the Evidence”Proof (As certain as possible) (More likely than not)Remedy Compensation Punishment

Criminal liabilityCriminal act (actus reus)Criminal intent (mens rea) purpose knowledge recklessness negligence strict liabilityConcurrence of act & intent

Vicarious Liability• US v. Park (1975)

Types of crimes• Violent: – robbery – rape – murder – assault

Types of crimes, cont’d • Property: – larceny – burglary – arson – receiving stolen property – forgery – obtaining goods through false pretenses

White-collar crime• Embezzlement: – Person entrusted with another’s property – Fraudulent appropriation cc licensed ( BY NC SD ) flickr photo by xiaming: http://flic.kr/p/LkRKE

Mail/wire fraud • Mailing a writing • For executing a scheme to defraud • Organizing a scheme to defraudcc licensed ( BY NC ) flickr photo by Darwin Bell: http://flic.kr/p/4bnpSn

Mail/wire fraud • U.S. v Multivend, LLC, et al. • Alleged scam involving vending machine franchises • 10 defendants, including sales staff & technical support • conspiracy to commit mail/wire fraud; enhanced penalty for telemarketing: up to 10 yearscc licensed ( BY NC ) flickr photo by Darwin Bell: http://flic.kr/p/4bnpSn

• Crime = offering – Public officials – Commercial bribery – Foreign officials

Bankruptcy fraud• False claims• Fraudulent transfer• Fraudulent concealment

Insider trading• Non-public financial information• Personal gain

Theft of Trade Secrets 1996 • Economic Espionage Act of

Money Laundering

Smurfingcc licensed ( BY ND ) flickr photo by Asrar Makrani: http://flic.kr/p/a6tYWT

Photo credits• Crime scene: http://www.flickr.com/photos/heikol/• Banksy Rat: http://www.flickr.com/photos/denial_land/• Violent crime: http://flickr.com/photos/doctorow/• Property crime: http://flickr.com/photos/jaumedurgell/• Mail slot: http://flickr.com/photos/darwinbell/• Bribery & Bankruptcy: http://flickr.com/photos/dokas/• Wall Street: http://flickr.com/photos/23148104@N07/• Coke v Pepsi: http://www.usageorge.com/• Money laundering: http://flickr.com/photos/eleda/

Ch19

by ted_major on Dec 03, 2012

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