lesson 4 Flashcards
(23 cards)
key element of fraud is
deception
crimes commonly committed against businesses
larceny, embezzlement, fraud
grand larceny
theft of one or more items valued at 1000 or more
petit larceny
theft of items valued at less than 1000
embezzlement example
stealing from employer
fraud
use of some type of deception to obtain money or property from the person deceived
types of fraud
wire/mail fraud, insurance fraud, internet fraud
wire and/or mail fraud
involves the use of some type of carrier (postal service, telephone, radio, TV, internet, fax, email). often targets the elderly.
insurance fraud
attempts to obtain money from an insurance company
insurance fraud by policy holder
a person that has a valid policy with an insurance company presenting false information or making a false claim to collect money on their own policy (hit and run)
caveat
use of legitimate payments
insurance fraud by a third party
when someone uses deception to attempt to collect an insurance settlement from another person’s insurer (automobile “accidents”)
internet fraud
form of deception that uses the internet to find victims and/or to communicate with others in order to commit the fraud
forms of internet fraud
- unsolicited offers/letters such as winning a prize
- auctions that involve fake products or no products at all
- auctions that involves shilling (a fake bidder tries to up the price)
- identity theft often by phishing in order to deceive recipient to give personal info
when businesses commit crimes, the punishment:
- can involve large payments of fines and restitution to reimburse victims of the crime
- in serious and extreme cases, the officers of the corporation may actually be charged personally with the crimes and subjected to punishment
OSHA
occupational safety and health act. federal law that protects employees of the corporation
RICO act
racketeering influenced corrupt organization. criminal statue designed to prosecute the mafia but has not been used to prosecute businesses that violate its terms
how to prove RICO violations
- The state must prove the business committed two or more racketeering acts (embezzlement, insurance fraud, internet fraud, arson)
- State must prove that the acts were done to accomplish one of the following: investing in/acquiring legitimate businesses with criminal money, maintaining/acquiring businesses through criminal activity
insys therapeutics
developed fentanyl for cancer patients, bribed physicians and hospitals to prescribe it. found of illegal drug distribution, mail and wire fraud, bribery
other crimes by businesses
money laundering, unauthorized employees, foreign corrupt practices act
money laundering
finding a way to take the illegally obtained gains from criminal activity and either using it to promote more crime or finding a way to conceal the illegal source of the funds + place them back into legitimate commerce
unauthorized employees
to knowingly hire undocumented/unauthorized workers. the purpose of this is to pay a lower wage bc these workers are willing to accept it to be able to work at all
foreign corrupt practices act
primarily involves paying bribes to foreign officials in order to avoid some regulation or practice, or to gain a competitive advantage.
- even though on foreign soil, US federal jurisdiction allows for these prosecutions