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Business Law > Chapter 6 Criminal Law P2 > Flashcards

Chapter 6 Criminal Law P2 Flashcards

1
Q

White collar crime characteristics

A
  • 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
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2
Q

blue collar crime

A

historically violent crimes, not really access to a lot of money (assault, murder)

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3
Q

What is the most common and least common white collar crime

A

most = fraud
least = gambling

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4
Q

Computer crimes include:

A

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 `

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5
Q

Securities fraud

A

investments and stock

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6
Q

wire fraud

A

electronically transferred money

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7
Q

perjury

A

lying

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8
Q

money laundering

A

cleaning “dirty”/illegally obtained money

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9
Q

Rico Act

A

to prevent infiltration of organized crime families
now more so gangs

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10
Q

who does the RICO act affect?

A

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

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11
Q

pattern of racketeering - what and why

A

loosely defined as two or more predicated acts within a period of ten years
- more charges over long period so more likely to convict

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12
Q

John Gotti

A

Boss of Gambino Family (NY’s 5 families)
Teflan don = 3 trials, good at escaping arrests
life in prison

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13
Q

Most common RICO acts (gang activity)

A

Arson - Bribery
Counterfeiting - Wire fraud
Distribution of a controlled substance - Embezzlement
Extortion - Gambling
Homicide - Kidnapping
Mail fraud

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14
Q

MS-13

A

gang orginating in Los Angeles consisting of immigrants from Central America
import drugs, vandalism, violent attacks

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15
Q

Crimes against property/businesses include (9) :

A

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

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16
Q

what 6 elements are required for larceny

A

trespassory
taking of property
property OF ANOTHER
personal property in nature
carrying away property
intent to deprive permanently

17
Q

Embezzlement , prove what

A

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

18
Q

False pretenses

A

mislead to do/give/buy something
obtaining property by means of misrepresentation WITH INTENT to deprive PERMANENTLY
property is VOLUNTARILY given up

19
Q

mail fraud, bank fraud, securities fraud are examples of

A

false pretenses

20
Q

blue sky laws were created to:

A

prevent securities fraud

21
Q

robbery

A

like theft/larceny BUT property taken IN PRESENCE of victim
Through FORCE or THREAT

22
Q

actual vs constructive presence of victim (robbery)

A

constructive = victim is prevented from being present (tied up, locked out)

23
Q

aggravated robbery

A

larceny in presence of victim
with deadly weapon
with intent to kill or would kill
causing serious bodily harm
by 2 or more person

24
Q

burglary

A

illegal entry into building with intent to commit crime
person does NOT have to be present
usually home not person

25
Q

forgery

A

involves creating false written item with intent of fraud
ex: signatures, documents, art

26
Q

bribery

A

not necessarily threat involved
offering or giving
person who offers is at fault

27
Q

extortion/blackmail

A

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

28
Q

bad checks

A

issuing a check that cannot be cashed
1) insufficient funds
2) closed account
3) tells bank to stop payment

29
Q

exception to forgery

A

if verbal permission from parent/guardian in presence of an adult then allowed

30
Q

RICO

A

Racketeering Influenced and Corrupt Organizations

31
Q

computer crimes are governed by:

A

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)

32
Q

MS-13 Task Force by Trump

A

to further anti - illegal alien agenda

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