lesson 4 Flashcards

(23 cards)

1
Q

key element of fraud is

A

deception

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2
Q

crimes commonly committed against businesses

A

larceny, embezzlement, fraud

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3
Q

grand larceny

A

theft of one or more items valued at 1000 or more

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4
Q

petit larceny

A

theft of items valued at less than 1000

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5
Q

embezzlement example

A

stealing from employer

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6
Q

fraud

A

use of some type of deception to obtain money or property from the person deceived

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7
Q

types of fraud

A

wire/mail fraud, insurance fraud, internet fraud

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8
Q

wire and/or mail fraud

A

involves the use of some type of carrier (postal service, telephone, radio, TV, internet, fax, email). often targets the elderly.

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9
Q

insurance fraud

A

attempts to obtain money from an insurance company

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10
Q

insurance fraud by policy holder

A

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)

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11
Q

caveat

A

use of legitimate payments

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12
Q

insurance fraud by a third party

A

when someone uses deception to attempt to collect an insurance settlement from another person’s insurer (automobile “accidents”)

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13
Q

internet fraud

A

form of deception that uses the internet to find victims and/or to communicate with others in order to commit the fraud

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14
Q

forms of internet fraud

A
  • 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
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15
Q

when businesses commit crimes, the punishment:

A
  • 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
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16
Q

OSHA

A

occupational safety and health act. federal law that protects employees of the corporation

17
Q

RICO act

A

racketeering influenced corrupt organization. criminal statue designed to prosecute the mafia but has not been used to prosecute businesses that violate its terms

18
Q

how to prove RICO violations

A
  1. The state must prove the business committed two or more racketeering acts (embezzlement, insurance fraud, internet fraud, arson)
  2. 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
19
Q

insys therapeutics

A

developed fentanyl for cancer patients, bribed physicians and hospitals to prescribe it. found of illegal drug distribution, mail and wire fraud, bribery

20
Q

other crimes by businesses

A

money laundering, unauthorized employees, foreign corrupt practices act

21
Q

money laundering

A

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

22
Q

unauthorized employees

A

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

23
Q

foreign corrupt practices act

A

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