Criminal Law And Business

Front 1

Malum in se

Back 1

Inherently wrong

Front 2

Crime

Back 2

Violation of the law that is punished as an offense against the state or government

Front 3

White collar crime

Back 3

Refers to corporate executives who commit predominately non-violent crimes such as fraud, theft by conversion, embezzlement

Front 4

Misdemeanor

Back 4

Criminal offense with a sentence of less than one year that is neither treason nor a felony

Front 5

Felony

Back 5

Criminal offense that is punishable by confinement in prison for more than one year, fines or by death
Murder, arson, rape, robbery, treason
Commenced by a grand jury via an indictment

Front 6

Indictment

Back 6

Indicates that the grand jury has determined that there is enough evidence to warrant a trial

Front 7

Crime
consists of
1)
2)

Back 7

1) Mental state
2) Act or omission

Front 8

Crime
Mental state

Back 8

Established if the defendant acted willfully or knowingly
Acting in such a manger legally imputes a voluntarily act with a specific intent to do something

Front 9

Plead
1)
2)
3)

Back 9

1) Guilty
2) Not guilty
3) Nolo contendere

Front 10

Crime (process and outcome)

Back 10

Grand jury is convened
Indictment
Plea
Trial if not guilty plea is entered
Sentencing if guilty or nolo entered

Front 11

Grand jury

Back 11

Determinant of probable cause
Witnesses may be called
Documents are subject to subpoena
Meets in secrecy

Front 12

Fourth Amendment

Back 12

Protection from unreasonable search and seizures
Provides the expectation of privacy
Search warrant

Front 13

Fifth Amendment

Back 13

Avoiding compulsory self-incrimination
Does not preclude the person from being compelled to produce physical evidence
Sole proprietorship from a business perspective is protected
Double jeopardy

Front 14

Sixth Amendment
1)
2)
3)
4)
5)
6)

Back 14

1) Speedy and public trial
2) Trial by jury
3) Informed by the charges against you
4) Confront the accuser
5) Subpoena witnesses
6) Right to an attorney
Miranda rights must be read if taken into custody

Front 15

Respondeat superior

Back 15

Corporations can be held responsible for the acts of their employees

Front 16

White collar crime penalty enhancement

Back 16

Increases the penalty for mail and wire fraud form 5 years to 20 years
Violations of pension laws from 1 year to 10 years

Front 17

Forfeiture

Back 17

State takes the property involved with the crime or if the property can only be used for a criminal purpose

Front 18

Fraud

Back 18

Anyone who knowingly and willfully falsifies, conceals or covers up a material fact; makes a materially false or fictitious statement or uses any false writing or document knowing that it contains materially false statements
Schmuck vs. United States

Front 19

Legal aspects to fraud

Back 19

A statement or representation that is false or fraudulent and known to be so
A statement that contains a half truth that conceals a material fact with intent to defraud
A material fact is one which a reasonable person would rely upon in making a decision

Front 20

Good faith

Back 20

Defense to fraud
Opinion honestly held without fraudulent intent

Front 21

Conspiracy
1)
2)
3)
4)

Back 21

1) Common unlawful plan
2) Willingly participated
3) One or more must have committed at least one of the acts in the indictment
4) Such act was knowingly committed in order to carry out some aspect of the conspiracy
Can be dragged into conspiracy if participate in routine business meetings which are followed by illegal conduct
Circumstantial evidence may prove conspiracy

Front 22

Obstruction of justice

Back 22

Any act that is committed with the intent to obstruct the legislative process or a judicial process

Front 23

R.I.C.O.

Back 23

Racketeer influenced and corrupt organizations act
Activity that encompasses
Threats of murder, kidnapping, gambling, arson, robbery, bribery, extortion
Also engaged in interstate commerce
Also authorizes civil and criminal penalties against persons who use any income derived from racketeering to invest in, control or conduct an enterprise through a pattern of racketeering activity

Front 24

Money Laundering Control Act

Back 24

prohibits the knowing and willful participation in any type of financial transaction involving unlawful proceeds when the transaction is designed to disguise the source of the funds

Front 25

Perjury

Back 25

Giving false testimony under oath

Front 26

False pretenses

Back 26

Obtaining goods or services through use of false claims or information

Front 27

Larceny

Back 27

Taking the property of another with intent to deprive the owner of such property

Front 28

Robbery

Back 28

Taking of property in presence of owner through the use of fear of force

Front 29

Extortion

Back 29

Illegal demand by a public officer acting with apparent authority

Front 30

Blackmail

Back 30

Extortion demands made by a non-public official

Front 31

Robbery

Back 31

Taking of property in the presence of the owner through the use of fear or force

Front 32

Crime
Act or omission

Back 32

Conduct that when coupled with sufficient mental state constitutes a crime

Front 33

Nolo contendere

Back 33

Allows a defendant in a criminal action to accept the court’s punishment for a crime without having to admit guilt
Defendant may not want to admit guilt to one crime that might be linked to other actions pending against him or her

Front 34

Double jeopardy

Back 34

Protects against being tried twice for the same crime, based on the same occurrence and facts
Hudson v. United States
Trial may proceed in both state and federal levels without being considered double jeopardy
Cuicci v. Illinois
Does not apply to civil and criminal activity which may go on at the same time and over the same set of circumstances