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Extends to certain civil Extends to certain civil mattersmatters
Expectation of privacyExpectation of privacy
Generally assumedGenerally assumed
Not for some businessesNot for some businesses
Fourth Amendment
12-12
Self-IncriminationSelf-Incrimination• Protects accused from testifying Protects accused from testifying
against selfagainst self• Does not protect against being Does not protect against being
required to produce evidencerequired to produce evidence• Business records can be obtainedBusiness records can be obtained• Only protects sole Only protects sole proprietorship entityproprietorship entity
Double JeopardyDouble Jeopardy
Self-IncriminationSelf-Incrimination• Protects accused from testifying Protects accused from testifying
against selfagainst self• Does not protect against being Does not protect against being
required to produce evidencerequired to produce evidence• Business records can be obtainedBusiness records can be obtained• Only protects sole Only protects sole proprietorship entityproprietorship entity
Double JeopardyDouble Jeopardy
Fifth Amendment
12-13
Provides Protections To: Speedy/Public Trial
Trial By Jury Be Informed Of Charge
Confront Accuser Subpoena Witnesses
Assistance Of Attorney
Sixth Amendment
12-14
Specific Business Crimes
Fraud Larceny
Conspiracy RICO
Obstruction of Justice Cyber Crime
False
Statement
Endangering Workers
Fraud Larceny
Conspiracy RICO
Obstruction of Justice Cyber Crime
False
Statement
Endangering Workers
12-15
think
TANKthink
TANKthinkthink
TANKTANKGenerally, when corporations are chargedGenerally, when corporations are charged
with crime, corporate officers can with crime, corporate officers can also be criminally charged.also be criminally charged.
a.a. TrueTrueb.b. FalseFalse
12-16
think
TANKthink
TANKthinkthink
TANKTANKEmployees of some business do not Employees of some business do not
have 4have 4thth amendment protections amendment protections because of public policy considerations.because of public policy considerations.
a.a. TrueTrueb.b. FalseFalse
12-17
Fraud Larceny
Conspiracy RICO
Obstruction of Justice Cyber Crime
False
Statement
Endangering Workers
•Must be Scheme to Defraud
•Elements – • Intent To Mislead• Misstatement Of Fraud• Justifiable Reliance• Injury
•Mail & Wire Fraud•Securities Fraud•Health Care Fraud•Counterfeiting•Bankruptcy Fraud
FraudFraud
Specific Business Crimes
12-18
Interstate communicationInterstate communication Scheme to defraud- course of Scheme to defraud- course of
action to deceive othersaction to deceive others Legal aspects- statement Legal aspects- statement
(material fact) known to be (material fact) known to be untrue or disregards truthuntrue or disregards truth
• Intent to defraud- act knowinglyIntent to defraud- act knowingly
• Good faithGood faith
Interstate communicationInterstate communication Scheme to defraud- course of Scheme to defraud- course of
action to deceive othersaction to deceive others Legal aspects- statement Legal aspects- statement
(material fact) known to be (material fact) known to be untrue or disregards truthuntrue or disregards truth
• Intent to defraud- act knowinglyIntent to defraud- act knowingly
• Good faithGood faith
Mail and Wire Fraud
12-19
Fraud Larceny
Conspiracy RICO
Obstruction of Justice Cyber Crime
False
Statement
Endangering Workers
More than 1 person agrees More than 1 person agrees to carrying out criminal to carrying out criminal offenseoffense
Each member is agent/Each member is agent/ Partner of other members- Partner of other members- willful memberwillful member
Commit overt act- not Commit overt act- not required to know detailsrequired to know details
ConspiracyConspiracy
Specific Business Crimes
12-20
Fraud Larceny
Conspiracy RICO
Obstruction of Justice Cyber Crime
False
Statement
Endangering Workers
•Act committed with Act committed with intentintent to obstruct legislative orto obstruct legislative or judicial processjudicial process• Integrity of proceedingsIntegrity of proceedings• Examples:Examples:
•Clean up filesClean up files•Changing record ofChanging record of phone conversationphone conversation•Shredding documents Shredding documents during pending during pending investigationinvestigation
Obstruction of Obstruction of
JusticeJustice
Specific Business Crimes
12-21
Fraud Larceny
Conspiracy RICO
Obstruction of Justice Cyber Crime
False
Statement
Endangering Workers
• To BankTo Bank•Financial statementsFinancial statements•Relate to material factRelate to material fact
•To Federal AgencyTo Federal Agency•Willfully and Willfully and knowinglyknowingly•Relate to material Relate to material mattermatter•““Exculpatory no”Exculpatory no”False False
StatementStatement
Specific Business Crimes
12-22
Fraud Larceny
Conspiracy RICO
Obstruction of Justice Cyber Crime
False
Statement
Endangering Workers
• Larceny – unlawful Larceny – unlawful taking of propertytaking of property
•Examples:Examples:•Use of companyUse of company property withoutproperty without permissionpermission•Padding expensePadding expense accountsaccounts•Falsifying timeFalsifying time recordsrecords
LarcenyLarceny
Specific Business Crimes
12-23
Fraud Larceny
Conspiracy RICO
Obstruction of Justice Cyber Crime
False
Statement
Endangering Workers
LiabilityLiability•Use/invest income fromUse/invest income from prohibited activitiesprohibited activities
•Acquire/maintain interest Acquire/maintain interest in prohibited enterprisein prohibited enterprise
•Conducts/participates in Conducts/participates in prohibited enterpriseprohibited enterprise
Prohibited activityProhibited activity•Pattern of racketeeringPattern of racketeering
•Collection of unlawful Collection of unlawful debtdebt
RICORICO
Specific Business Crimes
12-24
Fraud Larceny
Conspiracy RICO
Obstruction of Justice Cyber Crime
False
Statement
Endangering Workers
• Hacker (cracker) –Hacker (cracker) – unlawful access to electronic information