Playlist: 32 Videos: 75 Minutes
The 5th Amendment provides several procedural, due process rights to citizens. In additional to the right to due process of law, the 5th Amendment includes the following notable protections: Right to Grand Jury, Protection Against Self-incrimination, Protection Against Double jeopardy. Procedural due process rights apply to civil, administrative, and criminal proceedings. The basic premise is that individuals enjoy 5th Amendment protections from government infringement of their rights (including rights to property). To learn more about these protection and for further written and video explanation, discussion and practice questions, see What are the 5th Amendment criminal law protections?
Generally a false statement means making a statement when there is a legal obligation to avoid mistruths. This can arise in several contexts, for example: False Statement to a Bank or False Statement to a Federal Agency. For further written and video explanation, discussion and practice questions, see False Statement as a Criminal Charge
This law imposes criminal and civil liability upon those businesspersons who engage in certain prohibited activities that directly affect interstate commerce. The law is commonly used to impose criminal sanctions and forfeiture of resources used in furtherance of the criminal enterprise. Elements of a RICO action include: Involvement in an Enterprise and Pattern of Racketeering. The law makes it unlawful for any person employed by or associated with any enterprise to conduct or participate in a violation of the law. The law foresees two separate entities — person and the enterprise. Generally, employment alone is insufficient to hold someone liable under RICO. For further written and video explanation, discussion and practice questions, see Racketeer Influenced and Corrupt Organization Act
The False Claims Act (FCA) is a federal law that provides criminal and civil sanctions for those who commit fraud against the US Government. It is well known for authorizing a special type of civil action, “Qui Tam” or “Whistleblowing”, which allows a civil plaintiff to bring an action against a company on behalf of the Federal Government. The criminal and civil provisions of the FCA prohibit a long list of conduct. The unique aspect of the FCA is that it allows individuals reporting criminal fraud against the government and those bringing Qui Tam actions to receive a portion of the proceeds recovered by the government. For an example list of prohibited activity and written and video explanation, discussion and practice questions, see The False Claims Act
The Sarbanes-Oxley Act (SOX) is a set of federal laws addressing criminal and unethical conduct of public company boards and management. It also addresses the accounting and auditing practice of firms servicing these public companies. The criminal sanctions under the statute are as follows: Title VIII & XI - This portion of SOX contains the "Corporate and Criminal Fraud Accountability Act of 2002". Title IX - This portion of SOX is called the "White Collar Crime Penalty Enhancement Act of 2002”. SOX was passed in the wake of numerous corporate scandals that rocked the financial markets, such as World Com, TyCo, Enron & Arthur Andersen. For further written and video explanation, discussion and practice questions, see Sarbanes Oxley Act
Criminal statutes carry numerous forms of punishment or sanction for criminal conduct including, Fines; and Incarceration. Other losses of rights or privileges pursuant to criminal conduct include: the right to vote, the right to own a firearm, and the privilege of driving. These punishments are not exclusive. Criminal conduct may carry multiple punishments. For further written and video explanation, discussion and practice questions, see Theories Behind Criminal Punishment
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