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Ch19

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Lecture slides from PRL 101, Nov. 29, 2012

Lecture slides from PRL 101, Nov. 29, 2012

Published in: Education
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Transcript

  1. Criminal Law
  2. 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
  3. 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
  4. Criminal liabilityCriminal act (actus reus)Criminal intent (mens rea) purpose knowledge recklessness negligence strict liabilityConcurrence of act & intent
  5. Vicarious Liability• US v. Park (1975)
  6. Types of crimes• Violent: – robbery – rape – murder – assault
  7. Types of crimes, cont’d • Property: – larceny – burglary – arson – receiving stolen property – forgery – obtaining goods through false pretenses
  8. 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
  9. 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
  10. 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
  11. • Crime = offering – Public officials – Commercial bribery – Foreign officials
  12. Bankruptcy fraud• False claims• Fraudulent transfer• Fraudulent concealment
  13. Insider trading• Non-public financial information• Personal gain
  14. Theft of Trade Secrets 1996 • Economic Espionage Act of
  15. Money Laundering
  16. Smurfingcc licensed ( BY ND ) flickr photo by Asrar Makrani: http://flic.kr/p/a6tYWT
  17. 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/

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