Chapter 7-14 Flashcards
Assault
-The attempt to inflict bodily injury upon another person
Battery
-The unlawful use of force against another person that entails some injury or offensive touching
Aggravated Assault
-An assault committed with a dangerous weapon or with intent to commit a felony
Aggravated Battery
-A battery committed by use of an instrument designed to inflict great bodily harm on the victim
Mayhem
-At common law, the crime of injuring someone so as to render that person less able to fight
Hazing
-Intentional or reckless physical or mental harassment, abuse, or humiliation, often as part of an initiation
Stalking
-Following or placing a person under surveillance and threatening that person with bodily harm, sexual assault, confinement, or restraint, or placing that person in reasonable fear of bodily harm, sexual assault, confinement, or restraint
Cyberstalking
-Harassing and threatening a person through persistent online contact so that the person is placed in fear for his or her safety
Carnal Knowledge
-An antiquated term for sexual intercourse
Common-law Rape
-Rape as it was defined by the English common law
~Sexual intercourse by a male with a female, other than his wife, by force and against the will of the female
Forcible Rape
-Sexual intercourse by force and against the will of the victim
Statutory Rape
-The strict liability offense of having sexual intercourse with a minor, irrespective of the minor’s consent
Marital Exception
-The traditional common-law principle that a husband could not be guilty of raping his wife
Hale’s Rule
-English common law doctrine credited to Sir Matthew Hale, Lord Chief Justice in the seventeenth century, holding that a husband could not be charged with the rape of his wife
Force
-The element of compulsion in such crimes against persons as rape and robbery
Consent
-Voluntarily yielding to the will or desire of another person
Gender-neutral Offense
-A crime that may be committed by members of either sex against members of either sex
Rape Shield Laws
-Statutes that protect the identity of a rape victim and/or prevent disclosure of a victim’s sexual history
Sexual Penetration
-Sexual intercourse, cunnilingus, fellatio, and intercourse, or any other intrusion, however slight, of any part of a person’s body or any object into the genital or anal openings of another person’s body
Sexual contact
-The intentional touching if the victim’s intimate parts or the intentional touching of the clothing covering the immediate area of the victim’s intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification
Rape Trauma Syndrome
-A recurring pattern of physical and emotional symptoms experienced by rape victims
Megan’s Law
-Name applied to statutes that require convicted sex offenders, upon release from prison, to register with local law enforcement agencies.
~The statute was named in memory of Megan Kanka, who died in 1994 at the hands of a released offender
Impotency
-Lacking in power
~In reference to a male, the inability to achieve an erection
Sodomy
-Oral or anal sex between persons or sex between a person and an animal
~The latter act is commonly referred to as “bestiality”
Child Abuse
-Actions that physically, mentally or emotionally endanger the welfare of a child
Endangering the Welfare of a Child
-Knowingly acting in a manner likely to be injurious to the physical, mental, or moral welfare of a child
Spousal Abuse
Physical, emotional, or sexual abuse of one’s husband or wife
Abuse of the Elderly
-Infliction of physical or mental harm on elderly persons
False imprisonment
-Also known as false arrest, this is the tort or crime of unlawfully restraining a person
Kidnapping
-The forcible abduction and carrying away of a person against that person’s will
Asportation
-The carrying away of something
~In kidnapping, the carrying away of the victim
*In larceny, the carrying away of the victim’s property
Simple Kidnapping
-The abduction of another person without a demand for ransom
Kidnapping for Ransom
-The offense of unlawfully taking and confining a person until a specified payment is made to the offender
Hostage Taking
-The act in which the perpetrator of a robbery or some other crime forcibly detains innocent bystanders
Child Snatching
-Action taken by one parent to deliberately retain or conceal a child from the other parent
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
-A law in force in all fifty states that generally continues jurisdiction for custody of children in the home or resident state of the child
Parental Kidnapping Prevention Act (PKPA)
-A federal act adopted in 1980 designed to prevent jurisdictional conditions over child custody matters
~The primary goal of the statute is to reduce an incentive for parental child snatching
Civil Rights
-In general, this term refers to all the rights protected by the federal and state constitutional and statutes
~The term is often used to denote the right to be free from unlawful discrimination
Hate Crimes
-Crimes in which the victim is selected on the basis of race, ethnicity, religion, gender, or sexual orientation
Assaultive Offenses
-Crimes against persons are typically a state, rather than a federal legislative function
-Assult and battery were misdemeanors under common law
-Today, simple assault and battery remain misdemeanors
-Assault and battery of public officers are typically felonies
-Aggravated assault and aggravated battery are also felonies
Assault and Battery
-Assault
~The attempt to inflict bodily injury upon another person
-Aggravated Assault
~An assault committed with a dangerous weapon or with intent to commit a felony
-Battery
~The unlawful use of force against another person that entails some injury or offensive touching
-Aggravated Battery
~A battery committed by use of an instrument designed to inflict great bodily harm on the victim
Assault v. Battery
-Assault
~Does not require physical contact with the victim
*Shooting in the direction of a person
*Threatening someone with a weapon
~Aggravating factors
*Deadly weapon
*Great bodily harm
-Battery
~Requires physical contact with the victim
*Hitting or pushing someone
*Offensive touching
*Using excessive force to break up a fight
*Intentionally tripping another person
*Using excessive force in disciplining a child
Great Bodily Harm
-There is no consensus about what constitutes great bodily harm. Another question is whether psychological harm should be taken into account too
-Question
~At what point does spanking a child become child abuse
-Case law CA
~Child abuse is the willful infliction of a cruel or inhuman corporal punishment or any injury that result in a ‘traumatic condition’
-Case
~Four-year-old Timmy threw his breakfast at his mother because he was unhappy that they weren’t going to Disneyland for the day. The mother puts him in timeout, but Timmy continues to act up, hitting his mother and spitting at her. Him mother wants to give him a spanking on his butt but misses and hits his head instead. Timmy falls over and hits his head on the floor. The doctor diagnoses a concussion.
Prosecution and Defenses
-Simple assault and battery
~Prosecutors typically has to prove the act and general (not specific) intent
-Aggravated assault and battery
~Prosecutors have to prove specific intent to “do great bodily harm,” or “to commit a specific felony”
-Defenses
~Statutory law defines the degree of force that can be used by teachers, police, etc.
~Unintentional
~Reasonable
~Self-defense
Mayhem
-Mayhem consisted of willfully and maliciously injuring another so as to render the victim less able in fighting
-Statutory crime in most states
-Some statutes also includes injuries that disfigure a person
-Prosecutors typically have to prove general intent
-Most of the crimes that fell under mayhem are now included under aggravated murder and attempted murder
Hazing
-Intentional or reckless physical or mental harassment, abuse, or humiliation, often as part of an initiation
-Hazing frequently occurs in the process of initiation into clubs, fraternities, sororities, athletic teams, and other groups
-It mostly involves foolish pranks, but often it also results in serious injury
-Many colleges and universities have prohibitions
against hazing
Hazing
-Many colleges and universities have made hazing a chargeable offense
~Harvard 2007
*Following two near-fatal cases of alcohol poisoning, Harvard College approved a new policy under which student organization or athletic team leaders might be held responsible for serious incidents involving hazing or the consumption of alcohol or drugs
~At C.K McClatchy High School students smeared peanut butter all over the door handles and railing. They didn’t think about the repercussion this would have for the many students with peanut allergies. While some were warned in time and were able to stay home, one unlucky student was rushed to the hospital because of a peanut allergy attack
-What may be the goals of the hazing pranks?
-Debate which other ways (as an alternative to hazing) could be used by fraternities to promote cohesion among the members
Stalking
-Following or placing a person under surveillance and threatening that person with bodily harm, sexual assault, confinement, or constraint, or placing that person in reasonable fear or boidly harm, sexual assault, confinement, or restraint
-In 2006, an estimated 3.4 million persons age 18 or older were victims of stalking
-In 1990 CA was the first state to make stalking a crime
-The Federal statute was amended as part of the Violence Against Women Act (2000)
-During the 1990s a number of defendants attacked stalking laws on ground that they violated the First Amendment
~Most courts have upheld the constitutionality of stalking laws
Cyberstalking
-Harassing and threatening a person through persistent online contact so that the person is placed in fear for his or her safety
-Illinois has criminalized cyberstalking as a felony
-Several other states have amended their statutory definitions of stalking to include cyberstalking
Rape and Sexual Assault
-Forcible rape is the sexual intercourse by force and against the will of the victim
-Statutory rape is the strict liability offenses of having sexual intercourse with a minor, irrespective of the minor’s consent
-Marital exception (Hale’s Rule) remained valid in England until 1991
~A person can also be charged as an aider or abettor if he or she assisted or procured another man to rape a wife
Statutory Rape Laws
-Purpose was to protect young women from sexual intercourse
~Age requirements vary from 16 to 18
-Force and consent are irrelevant
~Women under the age of 16, 17u, or 18 are unable to consent due to their age
-Strict liability offense, consent is irrelevant
-There is considerable opposition to statutory rape laws
~Laws are out of touch with present-day sexual mores
~Deprive women in their late teens of exercising a personal choice
Reform of Rape LAws
-Gender-neutrality
-Criminalizing forcible sex between spouses
-Expanding the definition to include rape with foreign objects
-Dividing the offense of sexual battery into classifications and degrees
-Enacting rape shield laws
~Statutes that protect the identity of rape victim and/or prevent disclosure of a victim’s sexual history
Rape Shield Laws
-Protect victims or rape from embarrassment and humiliation
-Overcome victim’s reluctance to testify
-Theory is that the victim’s prior sexual activity is irrelevant because it says nothing about the question of whether the victim was raped
-Judicial Reform
~Victims of rape should receive no more scrutiny that other crime victims
~Women not required to “resist to the utmost”
Sodomy
-Oral or anal sex between persons or sex between a person and an animal (bestiality)
-Sodomy can be consensual or unconsensual
-Unconsensual sodomy is a crime and is often charged along with rape
-Consensual sodomy is not a crime and the US Supreme Court has held that states may not prohibit consensual sodomy between same sex partners
Sex Offender Registration Laws
-1994 (Megan Law)
~Upon releasee from prison offenders must register with local law enforcement agencies
~Registration must include their address
~Information is publically available
-Debate
~Laws are overly inclusive
*They include too many petty offenses such as public exposure
**Peeing in the park
*Laws punish people based on status rather than wrongful acts
Smith v. Doe (2003)
-The US Supreme Court held that Alaska’s Sex Offender Registration Act (2003) may be applied retrospectively to defendants who were convicted prior to the implementation of the Act
~Two defendants had challenged the statute on the basis that the statute was punitive cannot be applied retrospectively
~The Court disagreed stating that sex offender registries are not-punitive and that protection of the public has priority
Sex Offender Registration Laws
-janet Allison was found guilty of being “party ot the crime of child molestation” because she let her 15-year-old daughter have sex with a boyfriend. They young couple late married. But Ms. Allison will spend the rest of her life pubicaly branded as a sex offender
-John Couey, a man with a long criminal history and a history of sex offenses against children, kidnapped, raped, and killed a girl by burying her alive in a 2.5 ft. deep hole under his porch
-Currently about three-quartes of a million sex offenders are registered in the US
-Debate the problems associated with the large number of registered sex offenders, including supervision, fairness, and effectiveness of the laws
Child Abuse
-Actions that physically, mentally, or emotionally endanger the welfare of a child
-Since the 1980s child abuse has increased
-Assault, battery (aggravate, sexual), neglect
-Due of the age and vulnerability of the child they are strict liability crimes
-Most misdemeanors
-Statutes require medical professionals and social workers to report instances of suspected child abuse
-Controversy emerges over the question whether
Spousal Abuse
-Physical, emotional, or sexual abuse of one’s husband or wife
-Courts can issue protective orders
-Violence Crime and Law Enforcement Act of 1994
~Interstae domestic violence
~Case
*Christopher Bailey was convicted of kidnapping, and interstate domestic violence for assaulting his wife and driving her around West Virginia and Kentucky until he finally brought her to an emergency room
Abuse of the Elderly
-Infliction of physical or mental harm on elderly persons
-Often handled through local and state regulatory agencies
-Most proceedings are civil
-Some states have criminal proceedings
~Illinois
*It is a felony to intentionally or recklessly cause injury to a vulnerable elderly person
~Case
*Dale and Janice Simerter’s uncle was brought to the hospital. Hospital staff recounted that he had not had food in a week, was covered in urine and dried feces, and laid in a fetal position that took at least two weeks to develop. The Simerters were convicted of elderly abuse
False Imprisonment
-False imprisonment is the crime of unlawful restraining a person
-Not all states have statutes that make false imprisonment a crime
-Most states with statutes classify it as a misdemeanor
-Scenarios
~Unlawful arrest by police officers
~Prison warden fails to release inmate
~Storekeeper detains customer for shoplifting without a basis for such suspicion
~An overzealous male does not allow his female companion to leave the apartment without yielding to his sexual demands
Kidnapping
-Kidnapping is forcible abduction and forcibel carrying away of persons against that person’s will
-Classified as a serious felony
~Simple kidnapping
~Kidnapping for ransom
-Asportation
~Carrying away property of the victim
-Federal Kidnapping Act
~Implemented after Lindbergh kidnapping
~Hostage taking
-Defenses
~Lack of movement
~Consent of the victim
Child Snatching
-Action taken by one parent to deliberately retain or conceal a child from the other parent
-Typically between divorced or separated couples
-Uniform Child Custody Jurisdiction and Enforcement Act
~Continues jurisdiction for custody of children in the home or resident state of the child
-Parental Kidnapping Prevention Act
~Designed to prevent jurisdictional conflict over child custody matter. Reduce incentive of parental child snatching
Civil Rights Offenses
-All rights protected by the federal and state constitutions
-Aims to prevent discrimination
-Protect individuals from injurious conduct by pubic officials or other person acting under the authority of the government
-Conspiracy against rights
-Deprivation of rights under color of law
United States v. Lanier (1997)
-The US Supreme Court upheld the conviction of Judge David Lanier for threating a women ot deny child custody in order ot extort sexual favors from her in his chamber
~The Court ruled that the Judge acted willfully under the color of state law and had deprived his victim of her constitutional right to be free from sexual assault
Hate Crimes
-Crimes in which the victim is selected on the basis of race, ethnicity, gender, or sexual orientation
-Motivated by bias
-Offenses against property and persons
-Hate Crimes prevention Act
~Eliminated the requirement that the victim be engaging in a federally protected activity
-In more states courts can enhance criminal penalties when defendants are convicted of hate crimes
Tangible Property
-Property that has physical form, substance, and value in itself
Larceny
-A synonym for theft
~At common law, larceny was defined as the unlawful taking of property with the intent of permanently depriving the owner of same
False Pretenses
-The crime of obtaining money or property through misrepresentation
Embezzlement
-The crime of using a position of trust or authority to transfer or convert the money or property of another to oneself
Receiving Stolen Property
-Knowing receiving possession and control of personal property belonging to another with the intent to permanently deprive the owner of possession of such property
Grand Theft
-Major form of larceny
~Theft of a sufficient value of property to make the crime a felony
Petit Theft
-Minor form of larceny
~Theft of property of sufficiently small value that the offense is classified as a misdemeanor
Intent to Deprive
-The willful design to take goods or services from another without permission or authority of law
Robbery
-The crime of taking money or property from a person against that person’s will by means of force or intimidation
Aggravated Robbery
-A robbery made worse by one or more aggravating factors, such as the perpetrator being armed with a dangerous weapon or actually inflicting harm on the victim
Carjacking
-Taking a motor vehicle from someone by force and violence or by intimidation
Extortion
-Also known as blackmail
~The crime of obtaining money or property by threats of force or the inducement of fear
Blackmail
-The vernacular term for extortion
Forgery
-The crime of making a false written instrument or materially altering a written instrument with the intent to defraud
Uttering a Forged Instrument
-The crime of passing a false or worthless instrument, such as a check, with the intent to defraud or injure the recipient
Counterfeiting
-Making an imitation of something with the intent to deceive
~Making imitations of US coins and currency
Worthless-check Statutes
-Laws making it an offense to knowingly pass a worthless check
Burglary
-At common law, breaking and entering a dwelling of another during the nighttime with the intent to commit a felony therein
~Modern statutes typically expand the offense beyond dwellings and eliminate the “nighttime” element
Breaking and Entering
-Forceful, unlawful entry into a building or conveyance
Home Invasion
-A more heinous form of burglary, in which the perpetrator is armed with a dangerous weapon or persons are present in the home at the time of the break-in
Possession of Burglar’s Tools
-The knowing control of instruments, machines, or substances designed to enable one to forcefully break into buildings or vaults in order to carry out the intent to seal or destroy property
Arson
-The crime of intentionally burning someone else’s house or building
~Now commonly extended to other property as well
Malicious
-Synonym for vandalism
~The willful destruction of the property of another persons
Vandalism
-Synonym for malicious mischief
~The willful destruction of the property of another person
The Common-Law Theft Offenses
-Larceny
~All other crimes of theft developed from larceny
~Deprivation of the owner’s interest in personal property
~Wrongs concerning a person’s land gave raise civil, not criminal, remedies
~Larceny applied mostly to tools, household items, and domestic animals
-False Pretenses
~Obtaining money or property through misrepresentation
~Came into being in 1757 before the American Revolution
-Embezzlement
~Using a position of trust or authority to transfer or to convert the money or property of another to oneself
~Prosecutor had to prove the accused intended to defraud the victim
~Receiving stolen property
The Modern Approach to Theft Offenses
-Modern theft includes larceny, theft of vehicles, shoplifting, looting, carjacking, and extortion
-Federal approaches
~18 U.S.C.A. 641
*Places crimes so kindred as to belong in one category
~Embezzlement, theft, receiving stolen goods
~18 U.S.C.A. 659
*Provides penalties for embezzling or unlawful taking the contents of any vehicle moving in interstate of foreign commerce or from passengers therein
The Modern Approach to Theft Offenses
-State Approaches
~All states now include tangible and intangible property under the definition of larceny
~Newer statutes include other crimes besides theft and impose penalties based on the amount and character of the stolen property
~Grand theft is a serious misdemeanor
~Intent to deprive
*The willful design to take goods or services from another without permission or authority of law
Embezzlement
-One of the well-known embezzlement crimes was committed by Bernard Madoff who ran a Ponzi scheme. With this scheme he embezzled money from dozens of people starting in the early 1970s. Investors lost about $18 billion. Among the investors were many middle class persons who lost their entire savings
-In 2009 Madoff was convicted of 11 federal felonies and sentenced to 150 years in prison
-Discuss the appropriateness of the sentence as compared to sentences given for violent crimes such robbery, murder, and rape
Robbery
-The crime of taking money or property from a person against that person’s will by means of force or intimidation
-Under common law, robbery was an aggravated form of larceny where the taking was accomplished by force or violence
-Force or violence have to happen before or at the same time as the taking of the victim’s property
-Offense against the person
~It usually involves assault or battery
-Federal Laws
~Statute includes bank robbery
*If it is federally chartered institution or its deposits are federally insured
~Prosecutor need only establish general intent
-State Laws
~Some states have codified the common law
~Other states classify robbery according to degree
~Aggravated robbery
McLaughlin v. United Staes (1986)
-The US Supreme Court held that an unloaded gun is a “dangerous weapon”
-The display of a gun instills fear in the average citizen; as a consequence, it creates an immediate danger that a violent response will ensue
~McLaughlin and a companion had robbed a bank with an unloaded weapon
~They had argued that an unloaded weapon was not a “dangerous weapon”
Carjacking
-Taking of a motor vehicle from someone by force and violence or by intimidation
-Anti-Car Theft Act of 1992
~Makes it a crime to take a
-Amended Statute 18 U.S.C.A. 2119
~A carjacking
*Attempted carjacking
~A carjacking resulting in a serious bodily injury
*Attempted carjacking
~A carjacking resulting in death
*Attempted carjacking
-General intent offense
Holloway v. US (1999)
-The US Supreme Court affirmed the federal carjacking law applies to defendants with the conditional intent of harming drivers who resist
~Holloway was convicted of carjacking. He and his companion had approached occupied vehicles and threatened to kill the occupant if they did not turn over the keys
~The trial judge instructed the jury that the “conditional” intent requirement was met as long as the defendant intended to cause death or serious bodily harm
Robbery v. Extortion
-Robbery
~Taking money or property from a person against that person’s will by means of force or intimidation
~Property is taken by threat of force without consent
~Felonious taking
~Taking property off the victim’s “person or immediate presence”
~Requires general intent
-Extortion
~Obtaining money or property by threats of force or the inducement of frea
~Also called blackmail
~Property is taken by threat of force with consent
~Property does not have to be taken from the victim’s “person or immediate presence”
~Requires specific intent
Forgery
-The crime of making a false written instrument or materially altering a written instrument with the intent to defraud
~Altering the grades on a college transcript
-Under federal law the prosecuting must prove the “intent to pass bad money”
-Counterfiting
~Making an intimidation of something with the intent to deceive
*Making imitations of US coins and currency
Hitler’s Diaries
-In 1983, the popular West German magazine Stern made the shocking announcement that they had 62 handwritten diaries from Adolf hitler
-The content of the diaries challenged the historical views concerning Hitler’s character and actions, presenting him as more amiable than had been documented. Many who had known Hitler personally were shocked because they had experienced firsthand the atrocities committed by him
-After a few weeks, it was discovered the diaries were forgeries, even though Stern had asked experts to verify the authenticity of the diaries. Unfortunately, the experts compared the diaries to “original documents” that were also forged by the same person, Konrad Kujau.
Uttering a Forged Instrument
-The crime of passing a false or worthless instrument, such as a check, with the intent to defraud or injure the recipient
-The word “utter” distinguished the actual forgery from the act of passing a forged instrument
~Knowing delivering a forged check
-Generally classified as a felony
Worthless Check
-At the beginning of the banking business, the passing of bad checks became a serious problem
-At the time it was not classified as forgery
-Now states have passed worthless-check statutes
~It is usually classified as a misdemeanor
~Offenders typically have to pay a fee
*Recipients (such as stores) often tells customers what the fee is for a bad check
Burglary
-Breaking and entering a dwelling of another
-Someone is guilty of burglary regardless of lawful entry of the dwelling
~Intentionally remaining in a department store with the intent to commit an offense therin after the store closes for the day
-Home invasion
~Offender is armed with a dangerous weapon or persons are present in the home at the time of the break-in
-Possession of burglar’s tools
~If the possession has the intent to use the tools for burglary purposes
Arson
-intentionally burning someone else’s house or building; now commonly extended to vehicles and structures
~In many states proof of damages by smoke or scorching is sufficient
-Prosecution must prove an intentional criminal act
-It can be a misdemeanor or felony
-Burning property with the intent to defraud an insurance company
~Specific intent crime
Serial Arsonist John Orr
-John Orr, a former fire captain and arson investigator for the Glendale Fire Department in Southern Califorina, set a series of fires around Las Angeles during the 1980s and 90s
-The fires always started around highways and near arson investigation conventions
-John Orr was arrested after police matched a fingerprint on the time-delay device
-Orr was sentenced to life in prison
Malicious Mischief
-Synonym from vandalism
-Willful destruction of the property of another person
~Graffiti
~Interruption or impairment of transportation, supply of water or gas
Defenses to Property Crimes
-Mistake of fact
~Mary unintentionally takes the wrong jacket the airport
-Mistake of law
~Mistakes concerning ownership rights
-Lack of intent
-Alibi
-Insanity
-Duress
-Intoxication
White-Collar Crimes
-Economic offenses characterized by deception or abuse of trust and often involving the use of computers or other modern technologies
Organized Crime
-Syndicated involved in racketeering and other criminal activities
Loan-sharking
-The practice of lending money at illegal rates of interest
Racketeering
-A system of organized crime traditionally involving the extortion of money from businesses by intimidation, violence, or other illegal methods
Corporate Defendants
Corporations charged with criminal offenses
Scope of an Agent’s Authority
-In white-collar crimes cases, the scope of an agent’s authority depends on whether the commission of the offense was authorized, requested, commanded, preformed, or recklessly tolerated by the board of directors or by a high managerial agent acting in behalf of the corporation within the scope of his or her office or employment
Sherman Antitrust Act
-A federal statute prohibiting any contract, combination, or conspiracy in restraint of trade
~The act is designed to protect and preserve a system of free and open competition
*Its scope is broad and reaches individuals and entities in for profit and nonprofit activities as well as local governments and educational institutions
Antitrust Violations
-Violations of laws designed to protect the public from price-fixing, price discrimination, and monopolistic practices in trade and commerce
Price-fixing
-Sellers unlawfully entering into agreements as to the price of products or services
Bid Rigging
-Illegally manipulating the submission of bids to obtain a contract, usually from a public body
Computer Fraud and Abuse Act
-Federal law criminalizing fraud and related activities in connection with computers
Access Devices
-Cards, plates, codes, electronic serial numbers, personal identification numbers, and telecommunications services, equipment, instrument identifiers, and other means that can be used to obtain goods or services
USA Patriot Act
-Controversial act of Congress enacted in 2001 to strengthen the federal government’s efforts to combat terrorism
Theft of Computer Services
-Stealing software, data computer access codes, computer time, and so on
Computer Fraud
-An offense consisting of obtaining property or services by false pretenses through use of a computer or computer network
Computer Trespass
-An offense consisting of the unauthorized copying, alteration, or removal of computer data, programs, or software
Cybercrimes
-Crimes committed using computers and the Internet
Access Device Fraud
-The crime of knowingly producing, using, or trafficking in counterfeit credit cards, personal identification numbers, access codes, account numbers, etc. with the intent to fraudulently obtain money, goods, or services
Identity Theft
-The crime of using someone else’s personal information
~Such as their name, social security number, or credit card number
*Without their permission to commit fraud or other crimes
Intellectual Property
-Products of the human intellect, such as inventions, plays, stories, films, music, and trade secrets
Patent
-A government grant of the right to exclude others from producing or using a discovery or invention for a certain period of time
Copyright
-A form of legal protection provided to the authors of original literary, musical, artistic, and architectural works as well as videos, computer software, and databases
Bootlegging
-The crime of knowing trafficking in conuterfeit labels affixed or designed to be affixed to copies of musical recordings, computer programs, motion pictures, etc.
Trademark
-A distinctive word, phrase, or graphic symbol used to distinguish a commercial prodcut
Trademark Counterfeiting
-The offense of using a registered trademark to falsely market a product or service
Trade Secret
-A formula, pattern, physical device, idea, process, compilation of information, or other information that provides a business with a competitive advantage
False Statements Act
-A federal statute making it a crime for a person to knowingly make a false and material statement to a US government agency to obtain a government benefit or in connection with performing work for the government
Bankruptcy Fraud
-Dishonest or deceitful acts committed by one who seeks relief under laws designed to protect honest debtors from their creditors
False Claims Act
-A federal statute that makes it unlawful for a person to knowingly present a false or fraudulent claim to the US government
Health Insurance Portability and Accountability Acy (HIPAA)
-A federal statute designed to protect patient privacy, promote portability of health insurance coverage, and deter fraud in the provision of medical services
Mail Fraud
-A scheme devised or intended to defraud or to obtain money or property by fraudulent means, or using or causing the use of the mails in furtherance of the fraudulent scheme
Wire Fraud
-A fraudulent scheme that uses interstate television, radio, or wire communications
Money Laundering
-The offense of disguising illegal income to make it appear legitimate
Structuring
-Engaging in multiple smaller transactions to avoid currency reporting requirements
Insider Trading
-Transactions in securities by a person who operates inside a corporation and, by using material nonpublic information, trades to his or her advantage without first disclosing that information to the public
Securities and Exchange Act
-The 1934 act of Congress regulating the sale of securities in interstate commerce
Churning
-Making purchases and sales of securities in a client’s account simply to generate commissions for the broker
Tax Fraud
-False or deceptive conduct performed with the intent of violating revenue laws, especially the Internal Revenue Code
Crime Syndicates
-An association or group of people that carries out organized crime activities
Hobbs Act
-A 1946 act of Congress authorizing criminal penalties for whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce by robbery or extortion or attempts or conspires so to do, or commit or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of the act
Organized Crime Control Act of 1970
-Federal law dealing with organized crime
~Title IX of the act is entitled “Racketeer influenced and Corrupt Organizations” and is commonly referred to by the acronym RICO
Racketeer Influenced and Corrupt Organizations (RICO)
-A federal law enacted in 1970 imposing civil and criminal liability where two or more acts of racketeering show a pattern of criminal activity carried on by an enterprise
~Many states now have adopted RICo laws
Pattern of Racketeering
-To obtain a conviction under the federal RICO statute, the government must establish the defendant’s involvement in a “pattern of rackteering” that requires proof of the occurrence of at least two predicate acts of racketeering within a period of ten years, excluding any period of imprisonment
Predicate Acts
-Prior acts of racketeering used to demonstrate a pattern of racketeering in a RICO prosecution
Enterprise
-An individual partnership, corporation, association, union or other legal entity
Nature of White-Collar Crime and Organized Crime
-White collar crimes are economic offenses characterized by deception or abuse of trust and often involving the use of computers or other modern technologies
~Perpetrators typically come from the middle or upper-class
~Alomst always nonviolent
~Rapid growth of the internet has helped white collar criminals
*Identity theft, fraud, theft of intellectual property
-Organized crimes are syndicates involved in racketeering and other criminal activities
~Often attempt to gain political influence through graft and corruption
~FBI and US Department of Justice have special units
*Racketeering, loan-sharking, drug trafficking
Legal Principles Governing White-Collar Crime
-Prosecution must prove the offender committed the act “knowingly and willfully”
-Most offenders are charged under Article 1, Section 8 of the US Constitution, which grants Cngress power over postal, bankruptcy, and taxing matters and authority to regulate interstate domestic and foreign commerce
-Federal prosecutors also often charge offenders with conspiracies
~Large-scale corporate fraud
~Telephone, mail, and e-mail solicitations as fraud
~Selling unregistered securities
~Obtaining undeserved diplomas
~Participation in phony contests
Prosecution of Corporate Defendants
-Under common law, corporations could not be held criminally liable for its acts
-Its members can be held liable
-Strict liability crimes
~No men’s rea required
-Today, under the rule of the “scope of an agent’s authority,” corporations can be held liable for the acts of their agents
-An agent’s scope of authority depends on whether the commission of the offense was authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a high managerial agent
Large Scale Corporate Fraud
-At the beginning of 2001 the energy company Enron was still considered a giant in the market and its sales, profits, and stock were soaring. At the end of 2001 Enron filed for bankruptcy
-Starting in early 2001, analysts started to doubt the company’s reported profits and questioned Enron’s unusual practice of not releasing a balance sheet along with its earning statements
-Enron CEOs Skilling and Ken Lay dismissed all criticisms, but investors’ confidence started to decreases. Stock values decreased from $80 to $7 within a few months
-Skilling and Ken Lay were indicated on several federal charges including making false statement and securities and wire fraud. While the CEO’s had lied to their employees and shareholders and persuaded them to keep their shares, Skilling and Lay sold their own shares when they were still high and made a considerable profit. The employees lost all of their retirement savings and their jobs. Shareholders lost millions of dollars
-Altogether 16 people plead guilty to criminal charges. Ken Lay committed suicide in 2006
Antitrust Violations
-Sherman Antitrust Act prohibits any contract. combination, or conspiracy in restraint of trade
-Goal is to protect free and open competition
-Reaches individuals and entities in for-profit and non-profit activities, as well as local governments, and educational institutions
-US Justice Department enforces the law
~Two or more entities formed a conspiracy
~Unreasonable restraint of trade or commerce
~Interstate in nature
~General intent
Price Fixing
~British Airways
-In 2012 British Airways was fined 58.5 million pounds for fuel price-fixing from 2006 to 2008
-British Airways and Virgin Atlantic conspired in raising fuel surcharges from 5 pounds to 60 pounds per flight, Thus, customers flying in areas serviced by only these two airlines had no choice but to pay the high fuel surcharge
-virgin Atlantic received immunity for blowing the whistle on British Airways
-Discuss why price-fixing is a criminal offense. Who are the victims of price fixing
Computer Crimes
-Computer Fraud and Abuse Act of 1984
~Federal law criminalizing fraud and related activity in connection with computers
-It is also a federal crime to “knowingly with intent to defraud” produce, use, or traffic in counterfeit access devices
~Applies to cards, plates, codes, electronic serial numbers, mobile identification numbers, personal identification numbers, telecommunication services, equipment, and instrument identifiers
-USA Patriot Act of 2001 expanded the definition of “protected computers” to include computers outside the US that affect “interstate or foreign commerce of communication of the US”
-Nearly every state has enacted laws proscribing computer offenses
-Antispam laws
Access Device Fraud
-Fraud involving credit cards and debit cards, ATMs, and PINs
-The goal is to gain access to money, goods, and services
-Includes
~Access device that is cancelled or revoked
~Altered access device
~Counterfeit access device
~Device of person and use by another is not authorized
*Hacking into someone’s e-mail account
Hacking into E-mail Accounts
-Christopher Chaney plead guilty to hacking into the e-mail accounts of Scarlett Johansson and 50 other individuals
-He was sentenced to 10 years in prison and a fine of $66,179
-Chaney distributed private photos of the celebrities to gossip websites
-Debate the importance of safeguarding your identity and personal information. How can you safeguard your information?
-What could thieves do with your personal information?
Identity Theft
-The crime of using someone else’s personal information without their permission to commit fraud or other crimes
-Theft of wallets and purses, mail, and computer data, and gathering information from home and car burglaries
~Thieves can change the victim’s address, insurance, buy goods, borrow money, etc.
-Congress enacted the Identity Theft and Assumption Deterrence Act of 1998
~Felony offense
-Most states have enacted specific statutes
Intellectual Property Offenses
-Products of the human intellect, such as inventions, plays, stories, films, music, and trade secrets
-US Constitution, Article 1, Section 8, Clause 8
-Most disputes are civil matters, but some matters fall under criminal jurisdictions
~Patent infringement, copyright infringement, trademark counterfeiting, and theft of trade secrets
Patent Infringement
-The right to exclude others from producing or using a discovery or invention for a certain period of time
~Medications, Apple iPod technology
-Prosecution must prove deceitful intent
-Fines or imprisonment
Copyright Infringement
-A form of legal protection provided to the authors of original literary, musical, artistic, and architectural works as well as videos, computer software, and databases
-Determination of whether such violation is a felony or misdemeanor depends on the quantity and value of the items distributed
-Bootlegging
~Knowingly trafficking in counterfeit labels affixed or designed to be affixed to copies
Internet-Based Copyright Infringement
-No Electronic Theft (NET) Act of 1997
-Copyright infringement can be prosecuted even if the defendant lacks a commercial or financial motive
-Fines and prison terms depend on quantity and value of the infringement
~Illegally downloading movies or music from the internet, copying DVD’s
Trademark Counterfeiting
-A trademark is a distinctive word, phrase, or graphic symbol used to distinguish a commercial product
-Trademark counterfeiting is the offense of using a registered trademark to falsely market a product or service
-Trademarks are registered with the US Patent and trademark Office
-When a genuine trademark is affixed to a counterfeit product, it becomes a “spurious mark”
~Counterfeit handbags from “Gucci”
Theft of Trade Secrets
-A formula, pattern, physical device, idea, process, compilation of information, or other information that provides a business with a competitive advantage
-Frequently handled in civil courts
-Economic Espionage Act of 1996
-Also prohibits foreign governments from stealing trade secrets
False Statements Act
-It is crime for a person to knowingly made a false and material statement to a US government agency to obtain a government benefit or connection with performing work for the government
Bankruptcy Fraud
-Knowing and fraudulent concealment of assets, taking false oats, and related conduct
False Claim Act
-Medicare or Medicaid fraud
Mail and Wire Fraud
-Federal Mail Fraud Statute
-Intended to defraud or to obtain money or property by fraudulent means, or using or causing the use of the mails in furtherance of the fraudulent scheme
Schmuck v. US (1989)
-Schmuck, a used-car distributor, purchased used cars, rolled back their odometers, and then sold the cars. He was convicted of mail fraud. Schmuck argued that he had not used mailings to further his fraudulent acts
-The US supreme Court upheld the conviction stating that mailings by the dealer were essential to his fraudulent acts
Money Laundering and Currency Violations
-Money laundering is the offense of disguising illegal income to make it appear legitimate
-Money Laundering Control Act of 1986
-Crimes fall into three categories
Acts committed with intent to promote unlawful activity
~Acts that conceal ownership, control, or source of funds
~Acts designed to avoid certain currency reporting laws
-Banks have to report cash deposits in excess of $10,000
~Structuring is the engagement in multiple smaller transactions to avoid currency reporting requirements
Ratzlaf v. US (1994)
-Ratzlaf ran up a debt of $100,000 playing blackjack at a casino. The casino gave him one week to pay. Ratzlaf paid in sums of $10,000 to pay off his debt to avoid the currency reporting requirement. He was convicted for willfully violating the anti-structuring provision
-The US Supreme Court affirmed his conviction by stating that “willfully” means that the defendant acted with knowledge
Securities Fraud
-Insider trading is the transactions in securities by a person who operates inside a corporation and, by using material nonpublic information, trades to his or her advantage without first disclosing that information to the public
~Martha Stewart
*ImClone insider trading affair
-Churning is making purchases and sales of securities in a client’s account simply to generate commissions for the broker
-Ponzi Schemes
~Unknown investors are paid abnormally high rates of return using money from new investors
~The money is never invested; instead it is used to pay off initial investors
*Bernard Madoff
Chiarella v. US (1980)
-Chiarella printed the announcement of corporate takeover bids. He used that information to purchase stock in companies targeted for takeover.
-The US Supreme Court reversed his conviction, stating that Chiarelly had no obligation to disclose the information to everyone because he was not a party to the actual transaction
Tax Fraud
-False or deceptive conduct performed with the intent of violating revenue laws, especially the Internal Revenue Code
-Prosecution must prove a willful act
-Violations
~Deliberating underreporting or omitting income
~Overstating the amount of deductions
~Failure to supply information required by law
~Failure of employer to pay over taxes
Racketeering and Organized Crime
-Crime syndicates are associations or groups of people that carry out organized crime activities
-Hobbs Act
~Authorized criminal penalties for obstruction of the movement of articles or commodity in commerce
~Most prosecutions were based on extortion by public officials using force, violence, or fear
Organized Crime Control Act (RICO)
-Imposes civil and crimial liability where two or more acts of racketeering show a pattern of criminal activity carried by an enterprise
-Government must prove at least two acts of racketeering
~Predicate acts
-Allows the government to seize assets obtained from criminal activities
-Increases criminal penalties
-Enterprise applies to private and public entities
-Also used for white-collar criminals
Vice
-Conduct widely considered immoral such as prostitution, gambling, and drug abuse
Right of Privacy
-Constitutional right to engage in intimate personal conduct or make fundamental life decisions without interference by the government
