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Legal Business 1 > Ch 13 > Flashcards

Ch 13 Flashcards

0
Q

Civil law

A

Allows individuals to bring actions for damages

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1
Q

Sherman antitrust act 1890

A

Made price fixing illegal

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2
Q

Criminal law

A

Allows society to punish wrongdoers

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3
Q

White collar crime

A

Applies to criminals of high socioeconomic status

Ex. Corporate executives who commit fraud

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4
Q

What are white collar crimes not dependent on?

2) what is the goal of the crime?

A

Not dependent on threat of physical force or violence

2) goal: obtain resources, services, avoid payment or loss for
Personal or business advantage

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5
Q

Common examples of white collar crime

A

Embezzling money, making electronic advances to fictitious
Employees,
accepting kickbacks from suppliers in exchange
For orders, rigging bids, selling trade secrets, falsifying
Inventories to conceal theft, paying false invoices

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6
Q

Penalties for white collar crimes

A

Jail time for guilty parties, fines paid by company

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7
Q

Crime classification: felony

A

Felonies punishable by fine or imprisonment for period

Of 1 year or more

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8
Q

Classifications of crime: Misdemeanors

A

Punishable by fine or jail sentence of less than 1 year

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9
Q

Grand jury Indictment

A

Felony cases are commenced by grand jury indictment

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10
Q

Charge: information

A

Misdemeanor cases are commenced when government

Files charge called an information

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11
Q

Grand juries vs. Petit juries

A

Grand juries determine there is sufficient evidence to warrant
Trial (investigatory role)

Petit Jury determines guilt or innocence of accused

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12
Q

Intent

A

Important element of criminal laws

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13
Q

What 2 terms may be used to define criminal intent?

A

1 willfully

2 knowingly

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14
Q

Willfully

A

Act is committed voluntarily and purposefully with specific

Intent to do something

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15
Q

When does a person not act willfully?

A

If there’s good faith misunderstanding of requirements

Of law

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16
Q

Knowingly

A

Voluntary and intentional, not because of mistake or accident

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17
Q

In criminal case what 3 possible pleas can a defendant enter

A

1 guilty
2 not guilty
3 nolo contendere

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18
Q

Nolo contendere

A

Equivalent of pleading guilty but avoiding costs of trial

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19
Q

Fifth Amendement of US Constitution

A

Before anyone can be tried for capital or infamous crime

There must be presentment or indictment by grand jury

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20
Q

What does the 5th Ammendment protection prevent

A

Political trials and unjustified prosecutions by placing group
Of citizens btw prosecutors and persons accused of crimes

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21
Q

Probable cause

A

Determination where majority of grand jury must find crime
Has been committed

and evidence is sufficient to warrant the accused’s standing
Trial

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22
Q

Presumption of innocence

A

Presumed innocent until found guilty by petit jury

What an indicted person is entitled too

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23
Q

Civil liberties

A

Rights protect individuals from power of government

including individuals accused of crimes

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24
Q

The Bill of Rights protects businesses from…

A

Excessive regulation

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25
Q

Fourth Ammendment protection of: unreasonable searches and seizures by government

A

Primarily protects persons from unwarranted intrusions
On their privacy

Requires police to obtain search warrant

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26
Q

Search warrant, general rule

A

Court order, where police offer evidence crime has been
Committed to obtain and it will assist investigation

Must be obtained by police prior to search of person,
Any premises or property (such as trunk of automobile

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27
Q

Businesses that don’t have expectation of privacy, examples

A

Nursing homes that receive Medicaid funds have voluntarily
Consented to warrantless searches

Also searches at airports

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28
Q

Fourth Ammendment: drug testing

A

Not protected by fourth amendment in most work places

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29
Q

Fifth Ammendment: protection against incrimination

A

Protects accused from being compelled to testify against
Himself or herself

By invoking their Miranda Rights

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30
Q

Fifth Ammendment: corporations and professional partnerships

2) what business is protected under the fifth amendment privilege against compulsory self incrimination

A

These entities have no 5th Ammendment right to refuse to
Submit their books and records in response to subpoena

2) sole proprietorship

31
Q

5th Ammendment: double jeopardy

A

Courts don’t allow individuals to be tried twice by same governmental entity for same crime based on same factual
Situation

32
Q

6 protections provided by the 6th Ammendment, right to:

A 
1 speedy and public trial
2 trial by jury
3 be informed of charge against you
4 confront your accuser
5 subpoena witnesses in your favor
6 have assistance of an attorney
33
Q

The right to an attorney exists in any cases where…

A

Incarceration is a possible punishment

34
Q

What Fraud can lead to?

A

Can be a defense to a contract

Can also form basis for civil tort action , can also create
Criminal liability

35
Q

When is fraud committed?

A

Knowingly/willfully falsifies, conceals or covers up any
Trick, scheme or device

Makes any false statements, false documents or writing

36
Q

Penalties for fraud

A

Fines and imprisonment

37
Q

A prosecutor must establish presence of: scheme to defraud

A

Plan or program designed to take from a person, the

Tangible right of honest services

38
Q

Common fraud schemes 6

A 
1 telemarketing fraud
2 advance fee scheme
3 Nigerian letter 419 fraud
4 impersonation/identity fraud
5 ponzi schemes
39
Q

Advance fee scheme

A

Victim pays money to someone in anticipation of more

money

40
Q

Telemarketing fraud

A

Giving personal info over phone

41
Q

Impersonation/identity fraud

A

Occurs when Simone assumes your identity to perform

Fraud or other criminal act

42
Q

Mail and wire frauds penalties

A

Up to $1,000,000 and 30 years in prison

43
Q

Mail fraud

A

Use of US postal service

44
Q

Wire fraud

A

Ue of radio, television, telephone, Internet

45
Q

Intent to defraud

A

Act knowingly and with specific intent to deceive someone

Cause victim financial loss, for personal gain

46
Q

Good faith

A

Complete defense: defendant did not have intent to defraud

47
Q

Securities exchange act. 1934 by SEC

A

Covers fraud on purchase or sale of security

And accounting fraud of financial statements

48
Q

Common examples of healthcare fraud

A

1 billing for services not actually performed
2 falsifying patient diagnosis to have unnecessary tests and
Surgery performed
3 unfolding billing to perform more costly procedure
4 unbundling billing like each stage of procedure is separate
Procedure
5 accepting kickbacks for patient referrals
6 billing patient more than copay plan for services paid in
Full by benefit plan

49
Q

Counterfeiting

A

Federal law outlaws use of stolen back cards, plates,

account #s, fund transfers and credit cards

50
Q

Bankruptcy crimes

A

When debtor falsifies information filed in bankruptcy
proceedings (conceals property) it’s a felony

Also crime to present false claim in bankruptcy proceeding

51
Q

Conspiracy

A

Agreement (kind of partnership) for criminal purposes
Where each member becomes agent or partner of every
Other member

Members plan all details of scheme

52
Q

What 4 pieces of evidence must be shown beyond a reasonable doubt, to convict parties of conspiracy

A

1) 2 or more persons came to mutual understanding to try
To accomplish unlawful plan
2)defendant willfully became member of such conspiracy
3 during existence of conspiracy, at least 1 of the members
Committed at least 1 overt acts described in the indictment
4 overt act was knowingly committed in effort to carry out
Or accomplish some object of conspiracy

53
Q

Overt act

A

Any transaction or event knowingly committed by

conspirator In effort to accomplish object of conspiracy

54
Q

Obstruction of justice

A

Occurs when individual commits act with intent to obstruct

Legislative process or judicial process

55
Q

False statement to federal agency, what’s the penalty

A

Federal crime for anyone willfully and knowingly to make
False statement to a department or agency of the US

Max penalty $10,000 and 5 years in prison

56
Q

Exculpatory no exception

A

Narrow exception protected an individual from prosecution
For making false statement when person’s statement denies
Criminal wrong doing

57
Q

Larceny

A

Unlawful taking of personal property with intent to deprive
Rightful owner permanently (theft)

Ex. Shoplifting, company buys luxury items yachts, seasontickets for personal use of executives

58
Q

Robbery

A

Larceny done with violence or threat such as a gun

59
Q

Burglary

A

Breaking into building with intent to commit felony

60
Q

Embezzlement

A

Occurs when person entrusted with another’s money or

Property fraudulently appropriates it

61
Q

Money laundering

A

Falsely reporting income that is obtained through criminal
“dirty” activity as income obtained through legitimate “clean”
Business enterprise

62
Q

Racketeer Influenced and Corrupt Organizations Act (RICO)

A

Law imposes civil and criminal liability upon business
Persons who engage in certain prohibited activities

And who engage in interstate commerce

Ex. Acts or threats involving murder, kidnapping, robbery, bribery, extortion, dealing in obscene manner, controlled substances, counterfeiting, fraud, obstruction of justice, tampering with witnesses or evidence, prostituting, trafficking, loan sharking

63
Q

Racketeer Influenced and Corrupt Organizations Act (RICO): specifically liability extends to any person who (3 things)

A

1 uses/invests income from prohibited activities to acquire
An interest in or operate enterprise
2 acquires or maintains an interest in or control of enterprise
3 conducts or participates in conduct of enterprise while
Being employed or associated with it

64
Q

Pattern of racketeering

A

Activity or the collection of an unlawful debt

Requires at least 2 acts of racketeering activity within 2
Year period

65
Q

Racketeering

A

Act or threat involving specified state law crimes, or act

Indictable under various federal statutes + certain fedl offenses

66
Q

Racketeer Influenced and Corrupt Organizations Act (RICO) penalties

A

Large, compensation triples

67
Q

Cyber crime: over Internet 4 examples

A

1 identity theft
2 unauthorized access
3 employees issuing corporate stock to themselves
4 stolen trade secrets and personal records

68
Q

Reckless endangerment of workers charge

2) occupational safety and health administration

A

Occurs if worker is injured or accidental homicide (killed
On job)

2) can bring on actions if Worker is exposed to unsafe
standards (chemicals)

69
Q

Aiding and abetting

A

When person acts under direction if someone accused of

Criminal activities they are held responsible

70
Q

Accessory

A

State level charge equivalent to aiding and abetting (which is federal)

71
Q

If a person is accused of being involved after the crime

Is committed, the charge is…

A

Accessory after the fact

Ex. Someone who helps perpetrator elude police

72
Q

Kickbacks

A

Payments made to person who has facilitated transaction

Ex. Building contractor giving money back to government
Official in exchange for building contract

73
Q

Sentencing guidelines

A

Rules for federal decisions of judges published in the late
80’s initially were mandatory for judges to follow when
Making decisions

They are currently not mandatory

74
Q

Companies put on probation

A

Can’t sell stock or pay dividends

Legal Business 1 (25 decks)

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