Chapter 5 Criminal Law

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Chapter 5Criminal Law

• Crimes in Business

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What is the difference between a criminal
and civil offense?

• Punishable offense against society
• Crimes are defined by statutes (laws) enacted by
  state or federal legislature.

• Offense against a victim (citizen), not society
  as a whole.
• You may sue for damages under civil law, but many
  people dont because criminals tend not to have
  any money.

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Three elements must exist and be proved in a
trial before anyone can be convicted of a crime.

• Duty to do or not to do a certain thing.
• To establish duty in a trial, the prosecutor
  cites a statute to the judge.
• Violation of duty/act or omission of duty.
• Proved by testimony of witnesses at the trial.
• Breach of duty
• Criminal act-the specific conduct that violates
  the statute.
• Must have criminal intent.
• Intended to commit the act and/or
• Intended to do evil.

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Whats your verdict? Page 77

• What was the duty?
• What was the breach on duty?
• What was the name of the crime?
• How can this act be proved?

Not to take the money.
Taking the money.
Embezzlement taking anothers property or
money by a person whom it has been entrusted.
By testimony of auditors.
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Whats your verdict cont.? Page 77

• Was there criminal intent?

Yes. The acts were intentional and she intended
to do evil.
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Can a corporation form criminal intent, thus
committing a crime?

• Yes, if the people working for the company commit
  the crime or have criminal intent to commit the
  crime and the crime benefits the company then the
  corporation is deemed to have criminal intent.

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Can a corporate officer be liable if a corporate
employee commits a crime?

• Yes, a corporate officer can be held criminally
  responsible and liable under the doctrine of
  vicarious criminal liability.

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Can an officer be charged with a crime for
someone being hurt on the job?

• Yes, if the officer knows of a dangerous
  condition and doesnt do anything about it
  negligence.

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Classification of crimes

• 1. Felonies
• 2. Misdemeanors

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Difference between a Felony and Misdemeanor

• Serious crime
• Sentencing punishable by more than one year in
  state prison.
• Fine gt 1,000
• Or both
• Death
• Murder, kidnapping, arson, rape, robbery,
  burglary, embezzlement, forgery, theft of large
  sums, perjury.

• Less serious crime
• County jail lt 1 year
• Fine
• Both
• Disorderly conduct speeding, etc.
• AKA infraction can only be fined and are not
  entitled to trial by jury.

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Crimes committed in the business world are called
White Collar Crimes

• False advertising
• Committing bribery
• Engaging in political corruption.
• Embezzling

• Evading income taxes
• Defrauding consumers
• Cheating with false weighing machines
• Conspiracy to fix prices.
• Making false fire insurance and auto insurance
  claims

Punishment fines, short prison sentences.
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Antitrust laws say . . . .

• competing companies may not cooperate in fixing
  prices in dividing sales regions.
• Sherman Act passed in 1890
• Clayton Act supplement the Sherman Act.
• Each state also has their own antitrust act but
  most are very similar to the Federal law.

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Business Related Crimes
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Larceny

• (theft) wrongful taking of or personal property
  belonging to someone else with intent to deprive
  the owner of possession.

Types of Larceny

• Robbery taking or prp in another persons
  immediate presence
• Against their will
• By force or causing fear.
• Burglary - entering a building without
  permission
• Has the intent to commit a crime.
• Shoplifting
• Pick pocketing
• Purse snatching

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Receiving Stolen Property

• Receiving or buying stolen property
• Have the intent to deprive the owner of the
  property.
• Person who receives the stolen property is a
  fence.

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False pretenses

• One who obtains or property by lying about the
  past or an existing fact.
• Type of fraud
• Different from larceny because the victim parts
  with the property voluntarily.

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Forgery

• Falsely making or materially altering a writing
  to defraud another.
• Check fraud signing another persons name,
  altering a check from 10-100
• Usually a felony depending on the degree.

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Bribery

• Unlawfully offering or giving anything of value
  to influencing a performance of an official.
• Soliciting or accepting the bribe is also a
  crime.
• Bribery of non government employees is called
  commercial bribery.

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Extortion

• AKA blackmail
• Obtaining or other property from a person by
  wrongful use or force, fear, or power.

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Conspiracy

• An agreement between two or more people to
  commit a crime.
• Agreement usually a secret
• Conspiracy is a crime separate from the crime
  carried out.

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Arson

• Willful and illegal burning of a building (yours
  or someone elses)