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Legal Studies > Chapter 7: Business Crimes > Flashcards

Chapter 7: Business Crimes Flashcards

1
Q

General Rule of Laws

A

An individual can engage in any type of conduct they wish unless there is a law prohibiting those actions; Decided by legislature

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2
Q

Burglary

A

Entry into any building or occupied structure with the intent to commit a crime; Don’t have to commit the actual crime, just entering makes you guilty

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3
Q

Is it considered burglary if a thief breaks into a house to steal a necklace but the necklace is not there

A

Yes because he has the intent to commit the crime

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4
Q

Is it burglary if a criminal attacks someone in an abandoned house?

A

No because it is abandoned

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5
Q

Is it burglary if a person enters a store and hides in the bathroom until the store closes and then loots the store?

A

Yes, because at the time he committed the crime, he should not have been inside

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6
Q

Is it burglary if a person steals something out of a mobile home?

A

Yes because that is someone’s home; Event a tent could be burglary

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7
Q

What is the penalty for burglary?

A

Up to 20 years

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8
Q

Has a person committed a crime if he purposely comes upon the land of another but has no intent to commit a crime?

A

Not burglary, but trespassing

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9
Q

Criminal Trespass

A

Occurs when a person enters the land of another without permission or with no legal right to be there

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10
Q

What is the penalty for criminal trespassing?

A

Up to 2 years and fine of $500-$5,000

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11
Q

Larceny (Theft)

A

Taking and carrying away the property of another without consent and with the intent of depriving the other of the goods permanently

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12
Q

Examples of Larceny/Theft

A

Rigging the lottery; Withdrawing more than asked from a friend’s bank account

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13
Q

Have you committed a crime if you spend the money in your bank account that was accidentally put there?

A

Yes because you knew the money wasn’t yours

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14
Q

Joey Coyle Larceny Case

A

Found innocent/temporary insanity after spending 1.2 million that fell out of a car

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15
Q

True or False: Theft refers to possession, not ownership

A

True

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16
Q

Is it theft if a mechanic puts new brakes on your car and you take it off the lot without paying for repairs?

A

Yes, because the mechanic keeps your car (lien) until they are paid for it, even if you own it

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17
Q

Is it theft if one group of thieves steals a gas truck from another group of thieves?

A

All guilty of theft; Does not matter who owns it

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18
Q

Is it considered theft if your neighbor leaves his keys in the ignition and you take it for a joy-ride?

A

No, you did not intend to deprive the owner of the goods permanently; Rather, its is joy-riding an unauthorized vehicle

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19
Q

Retail Theft/Shoplifting Penalty

A

Penalty depends on value of what is taken; Higher price = larger penalty

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20
Q

Embezzlement

A

Occurs when someone takes property entrusted to him or her with the intent to deprive the owner of the property

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21
Q

What is the difference between an embezzler and thief?

A

An embezzler is lawfully entrusted with the property as opposed to a thief who improperly obtains possession of the asset

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22
Q

Robbery

A

Theft plus force or threat of forces; Same thing as theft/larceny, but with force

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23
Q

What is the definition of robbery in PA?

A

A person is guilty of robbery, if, in the course of committing a theft, he physically takes or removes property from the person of another by force no matter how slight

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24
Q

What is the penalty for robbery?

A

7-20 years

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25
Q

Electronic Fencling

A

Crime occurs when one uses the Internet to sell property gained through unlawful means; Ex: Stealing a necklace and selling it online

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26
Q

Identity Theft

A

It is a crime to use the personal identifying information of another; Using the victim’s personal information to obtain a financial advantage such as the misappropriation of a credit card or money from a bank account

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27
Q

What are the most common forms of ID theft?

A

Credit card fraud, Communication services, Bank fraud, Fraudulent loan

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28
Q

Identity Theft is now a crime under:

A

The Identity Theft and Assumption Deterrence Act

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29
Q

Is there anything wrong with buying an expensive watch of the street corner

A

Yes

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30
Q

Receiving Stolen Property

A

Unlawful to buy/receive stolen goods knowing that goods are stolen

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31
Q

Conspiracy

A

Agreement between two or more people to commit a crime or to do a lawful act in an unlawful manner

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32
Q

What does the charge of conspiracy allow government to do?

A

Allows the government to file charges against anyone who has participated in the planning or commission of a crime and to hold each liable for the actions of the other

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33
Q

How can you do a lawful act in an unlawful manner?

A

2 movie theaters merging to have monopoly and charge high ticket prices; Anti-trust violation

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34
Q

What is the main requirement for conspiracy?

A

Must have 2 people agree with intent to go through with deal

35
Q

What happens if an undercover cop makes a deal with a drug dealer to go through with a big deal?

A

Dealer can’t be charged with conspiracy because the cop never had the intention with going through with the deal; If it was 2 dealers & cop, could charge

36
Q

Can a husband and wife conspire to commit a crime?

A

Yes, they are considered two different people

37
Q

Can a person with multiple personalities commit conspiracy?

A

No, that is one person

38
Q

What qualifies as an agreement for conspiracy?

A

Need an overt act; Just agreeing is not enough, actually have to do something that puts plan in action

39
Q

Case: Two men agree to rob bank

A

Not conspiracy because no overt act

40
Q

Case: Two men agree to rob bank and one man draw up blue print

A

Conspiracy because men furthered the act

41
Q

Is it a defense that the person to the conspiracy was too drunk to have formed the intent to conspire to commit the crime?

A

Up to the jury to decide

42
Q

What is the penalty for conspiracy?

A

Same as the crime planned to be committed; Robbing a bank: 20 years for robbery, 20 for conspiracy

43
Q

What happens if you unknowingly give a ride to a guy who shoots up a Wawa?

A

Not conspiracy because the man had no idea; Will get charged, but must to explain to jury what happened

44
Q

White Collar Crime

A

Illegal actions committed in a business setting; Included computer fraud, health care fraud, securities fraud, insider trading, embezzlement, tax evasion

45
Q

Payola/Kickback

A

Slang term for bribery

46
Q

Bribery

A

Act of offering something of value to another with the intent of influencing that person’s opinion or to have something done in return by that entity

47
Q

Examples of Bribery

A

Giving money to jury to influence vote, Paying cop to overlook crime

48
Q

Money Laundering

A

Combining illegal and legal businesses so no one can tell where the money is coming from

49
Q

Where did the term Money Laundering originate from?

A

Al Capone owned laundromats to dispose of money obtained by illegal means

50
Q

Money Laundering Control Act

A

Purpose is to go after the third party who claims ownership to money obtained through illegal means; Go after people accepting the cash; Person charged does not commit crime, rather they accept the money

51
Q

Insider Trading

A

When a person buys or sells stock while in possession of information about the stock that has not been made public

52
Q

Example of Insider Trading

A

President of firm knows FDA is not going to approve cancer drug so he immediately sells stock before it is made public (Martha Stewart)

53
Q

Cooking the Books

A

Occurs whenever a person makes a false statement of a material face or overvalues property for purposes of inducing a bank to take action; Making false statement to bank; Committed against Federal Government

54
Q

Example of Cooking the Books

A

Tyler’s need to increase revenue so it builds Microbrewery; Fudges financials to get loan

55
Q

Bankruptcy Fraud

A

When a person devises a scheme to defraud by: filing a false bankruptcy statement, filing false document in proceeding or making a fraudulent representation representation or claim in bankruptcy case

56
Q

Rico

A

Law designed to eliminate the influence of organized crime; Prohibits anyone from investing, acquiring, or participating in the affairs of business through a pattern of racketeering activities

57
Q

What is Rico now used for?

A

To prosecute corruption in organized labor, gangs, and corrupt political officials

58
Q

What are the requirements for Rico?

A

Requires the defendant engage in 2+ instances of racketeering and criminal must have directly invested/maintained/participated in criminal enterprise affecting interstate or foreign commerce

59
Q

What 3 things must you show to prove Mail/Wire fraud?

A

There is a scheme to defraud, which involves the use of the mail or wire communication, for the purpose of executing the scheme

60
Q

Examples of Mail/Wire Fraud

A

Getting emails about winning a million dollars, Email from friend asking you to wire them money

61
Q

Can a business be held criminally liable for the actions of an employee?

A

Even though a corporation is a separate entity from its officer and employees, it may still be held liable for the criminal actions of its employees committed within the scope of employment

62
Q

An employee is acting within the scope of employment if:

A

The employee has the authority to do the particular corporate business which was conducted criminally; Employee was acting in part in furtherance of business; Corporate management has authorized or tolerate criminal acts

63
Q

Example of Criminal Liability for Business

A

Employee serving alcohol to minor

64
Q

What does the 5th amendment guarantee?

A

That a person cannot be compelled to testify against himself; Protects people from self-incrimination

65
Q

Voluntary 5th Amendment

A

If a person decides to talk to police, it must be voluntarily made

66
Q

Where did the Miranda Warnings originate?

A

Mr. Miranda arrested for crime and challenged his confession in court saying he should have been given rights

67
Q

When do you have to be give the warnings?

A

When there is custodial interrogation

68
Q

Custody

A

Means that the person “feels significantly deprived of freedom to leave”

69
Q

Police questioned man in back of police car as they rode around

A

Court ruled that he should have been given Miranda Warnings because he was in custody

70
Q

Police surround child in bed who was suspected of murder

A

Court ruled that he should have been given Miranda Warnings because his room was considered custody

71
Q

Interrogation

A

Asking questions about crime

72
Q

What happens if a man walks up to police and confesses crime

A

Not granted Miranda Warnings because person voluntarily confessed

73
Q

Penalty for Miranda Warnings

A

If not given warnings, statement will not be admissible in court

74
Q

Can a man refuse to take shirt off and show tattoo for an in-court incrimination?

A

No, because the warnings only apply to spoken words; If court wants handwriting sample, fingerprint, or picture, person must do it

75
Q

Fourth Amendment

A

Prohibits unlawful searches and seizures; Warrants must be issued upon probable cause

76
Q

Search Warrant

A

Look for reasonable expectation of privacy; Specific to location and item; Police generally need warrant to search person and property

77
Q

Drug Search Example

A

Drugs can be found anywhere, so the cops can search anywhere in the house

78
Q

Is it lawful if a cop looks into backyard, sees weed, and arrests homeowner?

A

Lawful search because cop could see drugs in public view

79
Q

Is it lawful for a cop to arrest homeowner for weed after peering over fence?

A

Unlawful search because homeowner had reasonable expectation of privacy; Police officer does have probable cause to go get warrant

80
Q

Is it lawful for a cop to climb up fire escape and arrest person for having weed plant on windowsill?

A

Lawful search because fire escape is open to public

81
Q

Is it lawful to search trash for untaxed cigarettes?

A

Lawful because once you put your trash outside, you have relinquished control

82
Q

What happens if cops seize drugs when searching for TV with warrant in kitchen? In cookie jar? In back of TV?

A

Lawful because it is reasonable to look for TV in kitchen; Unlawful because no TV would be in cookie jar; Lawful because must look inside TV to see if stolen

83
Q

General Rule of Searches

A

As long as police look where they can reasonably expect to find search item, anything they find is legal

Legal Studies (10 decks)

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