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36 Cards in this Set

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Who coined the term white collar crime?
Edwin Sutherland
Who investigates the majority of white collar crimes?
Federal officers with the assistance of state officials
Racketeer Influenced and Corrupt Organizations Act (Rico)
Prohibits any person from:
a. using income recieved from racketeering or thru collection of unlawful debt to acquire an interest in the enterprise affecting interstate commerce.
b. acquiring or maintaining thru racketeering or collection of unlawful debt an interest in the enterprise affecting interstate commerce
c. conducting or participating in racketeering activity or thru the collection of an unlawful debt, the affairs of an enterprise affecting interstate comerce
d. conspiring to participate in any of these activities.
Why do prosecutors often use RICO?
1. congress mandated that RICO be construed liberally
2. RICO does not require any mens rea beyond that necessary fot the predicate acts, and
3. Rico provides for severe sanctions that can be tacked onto sanctions the defendant may receive for the underlying offense.
What are the elements of racketeering?
1. 2 or more predicate acts of racketeering activity.
2. pattern of racketeering actvity, directly or insirectly invested in, maintained an interest in, or participating in.
3. an enterprise
4. an activity that affects interstate or foreign commerce.
what constitutes a pattern of racketerring?
Evidence of two acts with in ten years
Racketeer
a person who commits crimes such as extorsion, loansharking, bribery, mail and wire fraud, and obstruction of justice in furtherance of illegal business activities.
What are some criminal penalties included in RICO reguarding racketeering?
20 years imprisonment or up to $25,000 fine for each racketeering count
and
forfeiture of any interest that the defendant has acquired in violation of the act.
What do mail and wire fraud statutes do?
They make it illegal to use mail or any interstate electronic communication network to perpetrate a fraudulent scheme.
What must the government show to prove mail fraud?
1. a scheme to defraud
2. committed with intent to defraud
2. the use of U.S. mail or a private commercial carrier to further the scheme.
Ragarding mail fraud, is it necessary that the scheme be sucessful for it to constitute fraud?
No. The government need only prove that the scheme existed in which the use of mail was reasonably forseeable and that an actual mailing occurred in furtherance of the scheme.
What is necessary for wire fraud under the wire fraud statute?
It requires that the communication cross state lines.
Money Laundering
The processby which one conceals the existence, illegal source, or illegal application of income,and disguises that income to make it appear legitimate.
What are the four elements necessary for a conviction of money laundering?
1. knowledge
2. existence of a specified unlawful activity
3. a financial transaction
4. intent
what is the anti structuring act?
mkaes it illegal to break up a single trasaction above the reporting threshold for the purpose of evading reporting requirements.
What must be proven to show that a defendant willfully violated the anti structuring act?
1. knowledge of the reporting requierment
2. specific intent to commit the crime
What does the PATRIOT ACT do for the problem of money laundering?
Requires banks to take reasonable action to acquire the identity of foreign account holders and the source of their funds.
Clean Air Act (CAA)
Penalises those who knowingly violate Federal or State regulations designed to achieve ambient air quality standards established by the EPA.
Safe Drinking Water Act (SDWA)
Regulate the levels of harmful contaminants in public water systems and the underground injection of contaminants into ground water that supplies public drinking water.
Clean Water Act (CWA)
Resore and maintai the chemical, physical and biological integrity of the nations water's by minimizing the effects of water pollution.
Toxic Substance Control Act (TSCA)
Prevents toxic substances in commerce from presenting an "unreasonable risk of injury to the health of the environment" and to stem the tide of chemical substances and mixtures considered "iminent hazards".
Resource Conservation and Recovery Act (RCRA)
Sets standards that govern the generation, treatment, storage, transportation, and disposal of hazardous wastes.
Antitrust Laws
Against agreements that take away the freedom of purchasers to buy in the open market and maintain, in the public interest, freedom of competition.
What are the elements to prove a criminal violation of antitrust?
1. 2 or more entities formed a conspiracy
2. the conspiracy produces, or potentially produces, an unreasonable restraint of trade or commerce.
3. the restrained trade or commerce is interstate in nature
4. general intent
Sherman Act
provides for criminal sanctions against any person who shall make any contract of engage in any combination or conspiracy in restraint of interstate commerce.
Occupational Safety abd Health Act (OSHA)
Designed to ensure a safe and healthy working environment for every man and woman.
Fair Labor Standards Act (FLSA)
Prohibits an employer from failing to pay minimum wages or overtime compensation to an employee , failing to keep individualized work records , discriminating on the basis of sex by paying different wages for equal work, or using oppressive child labor.
What must be shown by an employee to prove an offense of the Fair Labor Standards Act?
1. the employer
2. willfully
3. violated the act provisions
What are the provisions of the Fair Labor Standards act?
1. a minimum wages provision
2. egual pay provisions
3. Maximum hour standards
4. Whistle Blower Protection
What is the whistle blower statute?
it is unlawful for an employer to terminate ane employee due to that employees filing of an FLSA complaint.
What are the elements of an illegal gratuity offense?
1. a thing of value
2. was given, offered, or promised to
3. a public official
4. for or because of any official act performed or to be performed by such an official.
What are the four elements of conspiracy?
1. an agreement between at least two parties
2. to achieve an illegal goal
3. where the parties posess knowledge of the conspiracy
4. where at least one conspirator committed an overt act in the furtherance of the conspiracy.
What are the elements of an obstruction of justice?
1. a nexus with a pending federal judicial proceeding
2. the defendant knew or had notice about the proceeding
3. the defendant acted corruptly with intent to interfere with the proceedings
Must one suceed in obstructing justice to be convicted of a violation?
No.
Name a few examples of computer crimes?
identity theft, child pornography, copyright infringement, and mail and wire fraud.
What are the sentencing guidelines for corporate crimes?
1. the corporation must remedy any harm caused by its offense
2. should recieve fines high enough to divest the business of all its assets
3. businesses run for other than criminal purposes should be fined according to to the seriousness of their offense and the culpability of the corporation
4. corporation shall be subject to probation if it will help to ensure no further violations