White Collar Crime Exam

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Father of White Collar Crime

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Edwin H. Sutherland (1939)

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Main reason why white collar criminals always get caught

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Greed

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Most common form of corporate violence (via unsafe environmental practices)

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Poisoning the environment

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State statute for crime

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939.12--Crime is a conduct which is prohibited by state law punishable by a fine, imprisonment, or both

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state statute for party to a crime

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939.05--Whoever is concerned in the commission of a crime is a principal and may be charged with and convicted of the commission of the crime, although the person did not directly commit it and athough the person who directly committe d it has not been convicted

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Employee Theft

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The taking away of money or property from the workplace for personal gain

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Search Warrant

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Most legal and easiest way to get a ticket into a private zone

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Probable cause

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The modicum of evidence that allows a reasonable person to believe that a crime has been or will be committed

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Third party consent requirement

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Apparent equal authority over the property or area (must be of age)

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Bribery

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Most often associated with political corruption

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Malfeasance

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Doing something you are prohibited from doing

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Nonfeasance

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Failing to do something you are required to do

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Misfeasance

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Performing a permissable act in a proper manner

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Financial Crime

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Large-scale illegality that occurs in the world of finance and financial institutions

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Money Laundering

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The criminal practice of taking stolen money and moving it through a sequence of bank accounts so it looks like legitimate profits

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2008

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Congress passed a bailout bill in this year

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1. Placement, 2. Integration, 3. Re-introduction

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3 necessary items for making money laundering successful

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25%

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Amount of computer crime reported to the police

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Internet Auction Fraud (ebay)

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The single most reported computer crime

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Internet Crimes Against Children

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ICAC

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Racketeer Influenced and Corrupt Organizations Act: two or more acts committed from a long list of crimes within 10 years

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Define RICO

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Career Criminal

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A professional criminal who engages in criminal activity regularly

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Fraud

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Stealing by deception

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Mortgage Fraud

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Fastest Growing form of white collar crime in the early 2000's

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$845

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Average amount of $ extracted by telemarketing frauds per victim

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943.201

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Statute for misappropriation of personal identifying information or personal identification documents

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Class H Felony

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Fine not to exceed $10,000, or 6 years in prison, or both

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Open credit card accounts (42%)

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Thieves most use personal information to?

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Investigative issues

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Involve a DA's office early if it's a complicated case

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Follow the paper trail/$$$

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#1 investigative technique in white collar crime

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Static and Dynamic

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2 types of IP addresses

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Check Kiting

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When a bank account is opened with good funds and a rapport is developed with the bank. The actor then deposits a series of bad checks, but prior to their discovery, withdraws funds from the bank

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Home Improvement

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When an actor approaches a home owner with a very low estimate for a repair. Inferior/incomplete work is performed, and actor intimidates the victim to a pay a higher price than the original estimate

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Land Fraud

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Actor induces a victim to purchase tracks of land in some type of retirement development which does not exist

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Ponzi Scheme

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An investment scheme where the actor solicits investors in a business venture promising extremely high financial returns

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Pyramid scheme

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An investment fraud where an individual is offered a distributorship or franchise to market a particular product

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Bank Fraud

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To engage in an act or pattern of activity where the purpose is to defraud a bank or funds

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Computer Fraud

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Where computer hackers steal information sources contained on computers such as: bank information, credit cards and propriety information

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Credit Card fraud

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Unauthorized use of a credit card to obtain goods of value

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Embezzlement

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When a person who has been entrusted with money or property appropriates it for his or her own use and benefit

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Forgery

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When a person passes a false or worthless instrument, such as a check with the intent to defruad or injure

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Insider Trading

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When a person uses inside, confidential, or advance information to trade in shares of publicly held corporations

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Securities Fraud

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The act of inflating the price of stocks by brokers so that buyers can purchase a stock on the rise

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Welfare Fraud

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To engage in an act or acts where the purpose is to obtain benefits (public assistance, food stams,) from the state or federal government