Chapter 6 Criminal Law P2 Flashcards
White collar crime characteristics
- deceit, corruption, breach of trust in the workplace
- loss to person or business
- typically financial injury or injuries due to product safety
- non-violent, financially motivated
blue collar crime
historically violent crimes, not really access to a lot of money (assault, murder)
What is the most common and least common white collar crime
most = fraud
least = gambling
Computer crimes include:
Steal money
Remove personal or business info
Tamper w info
Unauthorized use of computer services
Theft of computer hardware, software or secrets
Vandalism of computer hardware or software `
Securities fraud
investments and stock
wire fraud
electronically transferred money
perjury
lying
money laundering
cleaning “dirty”/illegally obtained money
Rico Act
to prevent infiltration of organized crime families
now more so gangs
who does the RICO act affect?
businesses or organizations that engage in a “pattern of racketeering” to service criminal and civil penalties
To manipulate agenda and create positive circumstance for self - fees, taxes, etc
pattern of racketeering - what and why
loosely defined as two or more predicated acts within a period of ten years
- more charges over long period so more likely to convict
John Gotti
Boss of Gambino Family (NY’s 5 families)
Teflan don = 3 trials, good at escaping arrests
life in prison
Most common RICO acts (gang activity)
Arson - Bribery
Counterfeiting - Wire fraud
Distribution of a controlled substance - Embezzlement
Extortion - Gambling
Homicide - Kidnapping
Mail fraud
MS-13
gang orginating in Los Angeles consisting of immigrants from Central America
import drugs, vandalism, violent attacks
Crimes against property/businesses include (9) :
1) theft/larceny - intent to deprive permanently, trespassory, taking of PERSONAL property of another and carrying away.
2) robbery - larceny but with person present AND w/ force or threat of force
3) burglary - illegal entrance with intent to commit crime
4) false pretenses - mislead
5) embezzlement - taking funds from employer
6) forgery - written fraud
7) bribery - offering something in exchange for something, offerer is charged
8) extortion/blackmail - threatening in return for something, unlawful bargaining w force or threat of force
9) bad checks - insufficient funds, closed account
what 6 elements are required for larceny
trespassory
taking of property
property OF ANOTHER
personal property in nature
carrying away property
intent to deprive permanently
Embezzlement , prove what
when goods have been entrusted to employee and breach of trust occurs
DOES NOT require intent to deprive permanently
businesses lose more from embezzlement than shoplifting
False pretenses
mislead to do/give/buy something
obtaining property by means of misrepresentation WITH INTENT to deprive PERMANENTLY
property is VOLUNTARILY given up
mail fraud, bank fraud, securities fraud are examples of
false pretenses
blue sky laws were created to:
prevent securities fraud
robbery
like theft/larceny BUT property taken IN PRESENCE of victim
Through FORCE or THREAT
actual vs constructive presence of victim (robbery)
constructive = victim is prevented from being present (tied up, locked out)
aggravated robbery
larceny in presence of victim
with deadly weapon
with intent to kill or would kill
causing serious bodily harm
by 2 or more person
burglary
illegal entry into building with intent to commit crime
person does NOT have to be present
usually home not person
forgery
involves creating false written item with intent of fraud
ex: signatures, documents, art
bribery
not necessarily threat involved
offering or giving
person who offers is at fault
extortion/blackmail
bargaining with threats,
force or threat of force
seeking or receiving a corrupt benefit paid under an implicit or explicit threat to give the payer worse than fair treatment or to make the payer worse off
bad checks
issuing a check that cannot be cashed
1) insufficient funds
2) closed account
3) tells bank to stop payment
exception to forgery
if verbal permission from parent/guardian in presence of an adult then allowed
RICO
Racketeering Influenced and Corrupt Organizations
computer crimes are governed by:
FBI
Counterfeit Access Device & Computer Fraud and Abuse Act by Congress
- unauthorized access to computer is a federal crime
Computer Fraud and Abuse Act (CFAA)
MS-13 Task Force by Trump
to further anti - illegal alien agenda
