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Business Law I-Week4

Crimes and Torts

Crime Violation of the law that is punished as an offense against the state or government.
Misdemeanor Criminal offense with a sentence of less than one year that is neither treason nor a felony.
Felony Criminal offense that is punishable by confinement in prison for more than one year or by death, or that is expressly stated by statute to be a felony.
T or F: An act can be may be a felony in one state and a misdemeanor in another. True.
A crime generally consists of what two elements? A mental state (scienter or intent) and an act or omission.
T or F: Harm is an essential element of a crime. False.
Mental state (scienter or intent) Does not require an awareness or knowledge of guilt. In most crimes, the voluntary commission of the act is sufficient for proving mental state.
Act or Omission Specific statutes define the conduct , or actus reus, that, when coupled with sufficient mental state, constitutes a crime.
T or F: In some cases, persons who did not necessarily commit the criminal act itself are still held criminally responsible for acts committed by others. True.
Corporate Liability Corporations are held responsible for the acts of their employees. A corporation may also be held liable for crimes based on the failure of its employees to act.
Forfeiture When a defendant is convicted of a crime, the court may also declare that the defendant’s rights in any property used or gained from a crime (an instrument of that crime) be confiscated.
Corporate Integrity Agreement (CIA) Judges are able to, in effect, place corporations on probation. Under this, companies are assigned monitors who are on-site and follow up to be sure the company is not committing any further violations.
Federal Sentencing Guidelines Federal standards used by judges in determining mandatory sentence terms for those convicted of federal crimes.
White-Collar Crime Penalty Enhancement Act of 2002 Federal reforms passed as a result of the collapses of companies such as Enron; provides for longer sentences and higher fines for both executives and companies.
The Victims of Crime Act of 1984 Creates a federal Crime Victims Fund.
The Victim and Witness Protection Act of 1982 Authorizes the sentencing judge in a federal district court to order, in certain cases, that the defendant make restitu- tion (restoration) to the victim or pay the victim the amount of medical expenses or loss of income caused by the crime.
T or F: Penalties are paid to the government. True
White-Collar Crimes Crimes that do not use nor threaten to use force or violence or do not cause injury to persons or property.
Conspiracy Agreement between two or more persons to commit an unlawful act.
Racketeer Influenced and Corrupt Organizations (RICO) Act Federal law, initially targeting organized crime that has expanded in scope and provides penalties and civil recovery for multiple criminal offenses, or a pattern of racketeering.
Money Laundering Control Act (MLCA) The act prohibits the knowing and willful participation in a financial transaction when the transaction is designed to conceal or disguise the source of the funds.
Predicate Act Qualifying underlying offense for RICO liability.
Bribery The act of giving money, property, or any benefit to a particular person to influence that person's judgement in favor of the giver.
Commercial Bribery A form of bribery in which an agent for another is paid or given something of value in order to make a decision on behalf of his or her principle that benefits the party paying the agent.
Extortion Illegal demand by a public officer acting with apparent authority.
Blackmail Extortion demands made by a nonpublic official.
Foreign Corrupt Practices Act (FCPA) Federal law that makes it a felony to influence decision makers in other countries for the purpose of obtaining business, such and services.
Forgery Fraudulently making or altering an instrument that apparently creates or alters a legal liability of another.
Uttering A crime of issuing or delivering a forged instrument to another person.
Perjury Consists of knowingly giving false testimony in a judicial proceeding after having been sworn to tell the truth.
False Claims The federal false statement statute makes it a crime to knowingly and willfully make a false material statement about any matter within the jurisdiction of any department or agency of the United States.
Embezzlement Statutory offense consisting of the unlawful conversion of property entrusted to the wrongdoer.
Created by: JV9272
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