1. Criminal Law

Criminal Law

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Topic Study Outline

Introduction to Criminal Law
The chapter introduces the concept of criminal law and the procedures for enforcing those laws.

For further written and video explanation, discussion and practice questions, see Criminal Law (Intro)

What is Criminal Law?
  • Public law passed by the federal, state, or local government
  • Restricts or requires affirmative conduct
  • Enforced by the government
  • Protect the health, safety, and welfare of citizens

For further written and video explanation, discussion and practice questions, see What is Criminal Law?

Elements of a Crime
  • Actus Reus - “guilty act”.
  • Mens Rea - “guilty mind”.

⁃ “General intent” crimes

⁃ “Specific intent” crime

⁃ Criminal Negligence

⁃ Criminal Recklessness

⁃ Strict Liability

  • Strict Liability Crimes - Does not require a defendant’s mens rea.

For further written and video explanation, discussion and practice questions, see What are the elements of a crime?

Misdemeanor vs Felony
  • Misdemeanor
  • Felonies

For further written and video explanation, discussion and practice questions, see Classifications of crimes - Misdemeanor vs Felony Criminal Charges?

Bringing Criminal Charges
  • Arrest
  • Initial Appearance
  • Bringing Charges
  • Arraignment
  • Trial Burden

For further information about each step of this process, including written and video explanation, discussion and practice questions, see What is the process for bringing criminal charges?

Executing and Arrest
  • Probable Cause for a government official to arrest.

⁃ Observance of the criminal activity or based upon reliable evidence.

⁃ Witness criminal activity or seek arrest warrant prior to arrest

⁃ May require search warrant

For written and video explanation, discussion and practice questions, see What is the process for executing an arrest?

Miranda Rights
  • Miranda warning”

⁃ Predicated upon arrest

⁃ Must inform before interrogating

⁃ Exceptions to this rule

Unsolicited Statements

Public Safety Exception

Other Evidence Sufficient of Conviction Rule

Unequivocally and Assertively Request Counsel

For further information on each exception, including written and video explanation, discussion and practice questions, see What are the exceptions to reading "Miranda Rights"?

Initiating Criminal Charges - Process
  • Misdemeanor - File an “information”
  • Felony - Submit the case to a “grand jury” to seek an “indictment”.

For further written and video explanation, discussion and practice questions, see What is the process for initiating criminal charges?

Arraignment & Initial Appearance
  • Initial Appearance

⁃ 24-72 hours of arrest.

⁃ Review probable cause

⁃ Preserve Due Process Rights

  • Arraignment

⁃ Officially starts trial process.

⁃ Inform the defendant of the charge

⁃ Plea of guilty, not guilty, or no contest.

For further written and video explanation, discussion and practice questions, see What is the "Arraignment" and "Initial Appearance"

Search and Seizure
  • Protection of Individual Rights - “unreasonable search and seizure”.
  • Protection of Businesses - Similar protections.

⁃ Extends to administrative and civil enforcement actions as well.

⁃ Limited protections for government.

  • Exclusion of Unlawfully Obtained Evidence

⁃ Limits warrantless searches

⁃ “Exclusionary rule”

⁃ “Inevitable discovery exception”

To learn more about these exceptions, protections for businesses, the exclusion of unlawfully obtained evdidence, and for further written and video explanation, discussion and practice questions, see What are the 4th Amendment protections against "Search and Seizure"?

5th Amendment Protections
  • Right to Grand Jury
  • Protection Against Self-incrimination
  • Protection Against Double jeopardy

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?

6th Amendment Protections
  • Speedy and Public Trial
  • Trial by Jury
  • Informed of Charges
  • Confront One’s Accuser
  • Right of Subpoena
  • Right to Counsel

For further written and video explanation, discussion and practice questions, see What are the 6th Amendment criminal law protections?

8th Amendment Protections
  • Excess fines
  • Excess bail

Cruel and Unusual Punishment For further written and video explanation, discussion and practice questions, see What are the 8th Amendment criminal law protections?

Crimes Against Property
  • Larceny
  • Robbery
  • Burglary
  • Extortion
  • Embezzlement
  • Fraud, False Pretenses, and Theft by Deception

For further written and video explanation, discussion and practice questions, see Crimes Against the Property of Others

What is Fraud?
  • “Fraud”
  • “False pretenses” and “Theft by deception”

For further written and video explanation, discussion and practice questions, see Activity Constituting Fraud

Good Faith Defense to Fraud
  • Requires knowing and willful conduct
  • Good faith in one’s actions is a defense

For further written and video explanation, discussion and practice questions, see Good Faith as a Defense to Fraud

Common Types of Business Fraud
  • Mail or Wire Fraud
  • Securities Fraud
  • Insurance Fraud
  • Healthcare Fraud
  • Tax Fraud

For further written and video explanation, discussion and practice questions, see Common Types of Business Fraud

  • 2 or more persons.
  • Mutual understanding to try to accomplish a common and unlawful plan.
  • Willfully became a member of such conspiracy.
  • A least one “overt act”
  • Effort to carry out or accomplish some objective of the conspiracy.

For further written and video explanation, discussion and practice questions, see Conspiracy as a Criminal Charge

Obstruction of Justice
  • Commits an act with the intent to obstruct the legislative process or a judicial process.

For further written and video explanation, discussion and practice questions, see Obstruction of Justice as a Criminal Charge

False Statement
  • False Statement to a Bank
  • False Statement to a Federal Agency

For further written and video explanation, discussion and practice questions, see False Statement as a Criminal Charge

Aiding and Abetting
  • Similar to conspiracy
  • Acts under the direction of someone accused of criminal activities,
  • Accessory before of after the fact.

For further written and video explanation, discussion and practice questions, see Aiding and Abetting or Conspiracy to a Crime

White Collar Crime
  • Criminals of high socioeconomic status or individuals
  • Hold high-ranking, professional positions, such as corporate executives
  • Personal or business gain

For further written and video explanation, discussion and practice questions, see What is White Collar Crime

Conduct Endangering Workers
  • Endanger workers
  • Occupational Safety and Health Administration (OSHA)

For further written and video explanation, discussion and practice questions, see Crimes or Conduct Endangering Workers

Bribery or Illegal Kickbacks
  • Foreign Corrupt Practices Act

For further written and video explanation, discussion and practice questions, see Bribery or Illegal Kickback as a Crime

Racketeer Influenced and Corrupt Organizations Act (RICO)
  • Involvement in an Enterprise
  • Pattern of Racketeering

For further written and video explanation, discussion and practice questions, see Racketeer Influenced and Corrupt Organization Act

False Claimes Act
  • Criminal and civil sanctions - fraud against the US Government.
  • “Qui Tam” or “Whistleblowing”

For an example list of prohibited activity and written and video explanation, discussion and practice questions, see The False Claims Act

  • Title VIII & XI - "Corporate and Criminal Fraud Accountability Act of 2002".
  • Title IX - "White Collar Crime Penalty Enhancement Act of 2002”

For further written and video explanation, discussion and practice questions, see Sarbanes Oxley Act

Cyber Crime
  • Intentionally accesses a computer without authorization or exceeds authorized access
  • Obtain classified, restricted, or protected date, or attempts to do so.

For further written and video explanation, discussion and practice questions, see What is Cyber Crime

Defense to Criminal Conduct
  • Negating Mental Capacity
  • Negating Intent
  • Other General Defenses




Justifiable Use of Force

For further written and video explanation, discussion and practice questions, see Common Defenses to Criminal Conduct

Criminal Punishments
  • Fines
  • Incarceration
  • Other Loss of Rights or Privileges

⁃ The right to vote

⁃ The right to own a firearm

⁃ The privilege of driving.

For further written and video explanation, discussion and practice questions, see Types of Punishment for Criminal Activity

Theories of Criminal Punishment
  • Retribution
  • Deterrence
  • Incapacitation
  • Rehabilitation
  • Restoration

For further written and video explanation, discussion and practice questions, see Theories Behind Criminal Punishment

Federal Sentencing Guidelines

• Initially they were mandatory, but later became discretionary.

For further written and video explanation, discussion and practice questions, see Federal Sentencing Guidelines

Flashcards - Study Practice - Part 1

Criminal law is public law passed by the _________ government.

federal, state, or local

Resource Video: https://thebusinessprofessor.com/what-is-criminal-law/

Criminal law restricts or requires affirmative conduct of its citizens under the threat of __________.

These prohibitions may be in the form of a __________.

statute, common law rule, regulatory rule or decision, or local ordinance.

Resource Video: https://thebusinessprofessor.com/what-is-criminal-law/

Criminal laws prohibit conduct that is either considered, _____________.

malum in se” or “malum prohibitum”.

Resource Video: https://thebusinessprofessor.com/what-is-criminal-law/

Q5. _________ means that conduct is inherently wrong without regard to a statute proscribing the conduct.

__________ means that conduct is not necessarily wrong or evil, but it is made illegal based upon a law.

Generally criminal laws are enforced by the government and exist to protect the ___________of citizens.

health, safety, and welfare

Resource Video: https://thebusinessprofessor.com/what-is-criminal-law/

All crimes require certain physical actions (or inactions) and/or mental characteristic or dispositions of the defendant in failing to comply with the criminal law. True or False

__________ is a latin phrase meaning, “guilty act”.

Actus Reus (the individual committed the act proscribed by the statute)

Resource Video: https://thebusinessprofessor.com/what-is-criminal-intent/

A threat to act or a failure to act can never constitute a crime. True or False

____________ is a latin phrase meaning a “guilty mind”.

___________ Concerns the mental intent to commit the act that is wrongful under the law.

___________ crimes simply require that the individual intend to do the act that constitutes a crime, without regard for the results of the harmful action.

___________ Is a type of crime where the actor intends a physical act that fails to show due care under the circumstances, and there is a resulting harm.


___________ Is a type of crime that does not require a defendant’s mens rea. That is, if an individual undertakes an action, regardless of whether there was intent, she is criminally liable.

_____________ crimes require that the individual have the intent to achieve that harmful result or be indifferent or reckless with regard to the probable results of her conduct.

The specific intent requirement for a crime is generally satisfied if the defendant acts recklessly with regard to the potential harm that could result from her actions or inactions. True or False

_____________ Is when the actor intends the physical act and the likely result of that act constituting a crime.

_____________ Is when an n actor is criminally liable for undertaking an action without regard for the potential harm to persons or property. Generally, the actor must understand the substantial risk and consciously disregard it.

Criminal Recklessness

Resource Video: https://thebusinessprofessor.com/what-is-criminal-intent/

A guilty act may only constitute one crime. True or False

False - One crime may a “lesser-included offense” of another crime.

Resource Video: https://thebusinessprofessor.com/what-is-criminal-intent/

A ____________ is a crime of lesser significance that is punishable by a fine or a joint sentence of less than one year.

A _____________ is a crime that is punishable by fine or imprisonment in a penitentiary for a period of one year or more.

A(n) ___________ is generally a minor violation of an ordinance or regulation.

The general process for initiating criminal charges against an accused is as follows:

Arrest, Initial Appearance, Formal Charges, Arraignment, Trial

Resource Video: https://thebusinessprofessor.com/process-for-bringing-criminal-charges/

A(n) ___________ involves the physical detention of an individual.

An arrest takes place pursuant to some form of legal authority of an officer, such as:

the arresting individual witnessing criminal activity, or pursuant to an arrest warrant.

Resource Video: https://thebusinessprofessor.com/process-for-bringing-criminal-charges/

____________ Is the process of informing a Defendant of the charges against her.

A prosecuting officer of the court orchestrates the process ____________ against a defendant in the name of the people of that jurisdiction.

A prosecutor must file an __________ with the court to begin prosecution of a misdemeanor.

The prosecutor must submit the matter to a __________ to bring felony charges against a defendant.

A grand jury decides to bring felony charges against a defendant, this is known as handing down a(n) __________.

The ___________ is the first appearance by the defendant before the court to answer the criminal charges.

At an arraignment, the defendant will enter one of the following pleas:

guilty, not guilty, or nolo contendere (no contest).

Resource Video: https://thebusinessprofessor.com/process-for-bringing-criminal-charges/

If the defendant pleads not guilty, the court will generally dismiss the charges. True or False

False - If the defendant pleads not guilty, the court will set the matter for trial.

Resource Video: https://thebusinessprofessor.com/process-for-bringing-criminal-charges/

To convict a defendant of a crime, the Government bears the _________.

burden of proof, and the burden of persuasion.

Resource Video: https://thebusinessprofessor.com/process-for-bringing-criminal-charges/

___________ means that the Government must demonstrate sufficient evidence to demonstrate each element of the charged offense.

The _________ means that evidence must be sufficient to convince a jury that the defendant is guilty beyond a reasonable doubt.

Law enforcement officers must have ___________ for a government official to make an arrest.

Probable cause that an individual committed a crime may include:

observance of the criminal activity, or based upon reliable evidence.

Resource Video: https://thebusinessprofessor.com/process-for-arresting-a-suspect/

If an officer does not witness the illegal conduct or have immediate evidence in her possession regarding the commission of the crime, she must generally seek an arrest warrant prior to arresting a suspect. True or False

A _________ may hear evidence and make a determination as to whether probable cause exists to arrest someone.

Judicial Officer (generally a magistrate judge)

Resource Video: https://thebusinessprofessor.com/process-for-arresting-a-suspect/

If the magistrate determines that probable cause exists, she will issue an a(n) __________ that empowers the police to arrest the individual.

A ____________ is a written or verbal statement to the arrested individual substantially as follows, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you at no cost.”

Once the police officer delivers the Miranda warning, anything that the defendant says in response to questions from the officer may be used in court. True or False

If the officer fails to advise the defendant of her rights, any statements made by the defendant pursuant to interrogation is NEVER admissible at trial. True or False

False - There are numerous exceptions to this rule.

Resource Video: https://thebusinessprofessor.com/exceptions-to-reading-miranda-rights/

If a defendant makes a(n) _________ to the officer, those are admissible at trial. This means that the defendant made statements voluntarily and without being interrogated.

Any statements made by the individual could be used against her in court, if there are ____________ where public safety is at risk, this can justify government questioning prior to reading the Miranda warning.

If there is sufficient evidence to convict an individual without the use of the individual’s statements in violation of the Miranda rights, failing to appropriately deliver the Miranda warning and using subsequent statements in court will not disrupt the conviction. True or False

An criminal suspect may be questioned with the presence of an attorney, unless:

Unequivocally and Assertively Requests Counsel

Resource Video: https://thebusinessprofessor.com/exceptions-to-reading-miranda-rights/

If criminal conduct constitutes a misdemeanor, the prosecutor will file a document called an “information”with the court, stating that:

there is sufficient evidence to bring charges against the defendant.

Resource Video: https://thebusinessprofessor.com/initiating-criminal-charges/

To charge a defendant with a felony, the prosecutor must submit the case to a “grand jury”? True or False

The grand jury must consist of at least __________ who live in the court’s jurisdiction.

The grand jury will hear evidence and vote on whether to:

To issue an indictment, all members of the grand jury must vote that a crime has been committed and that there is sufficient evidence to warrant the accused standing trial. True or False

False - Only a majority of grand jury votes is required

Resource Video: https://thebusinessprofessor.com/initiating-criminal-charges/

The grand jury does not determine guilty or innocence; rather, it determines whether __________

probable cause of a crime exists.

Resource Video: https://thebusinessprofessor.com/initiating-criminal-charges/

What authority does the grand jury have to request business records or witnesses to testify?


Grand jury proceedings are open for the public to attend? True or False

False - They are closed to protect the accused.

Resource Video: https://thebusinessprofessor.com/initiating-criminal-charges/

The ___________ is the first court proceeding for a defendant that takes place with 24-72 hours of arrest.

During the initial appearance, the judge will:

review the defendant’s rights; review whether probable cause exists to detain the individual on the subject charges; ensure that the defendant’s 5th Amendment right against self-incrimination is preserved.

Resource Video: https://thebusinessprofessor.com/arraignment-and-initial-appearance/

The _____________ is the judicial proceeding that officially starts the trial process, in which the court officially informs the defendant of the charges against her.

If the grand jury hands down an indictment, the defendant may voluntarily appear before the court (without arrest) for a combined initial appearance and arraignment. True or False

The _____________ protects individuals against “unreasonable search and seizure”.

The police must obtain a court order before searching the individual’s body or any physical location where the defendant has an expectation of privacy. True or False

To obtain a search order, the government must demonstrate to a judicial official (generally a magistrate judge) that there is __________.

probable cause to believe that the suspect or private location contains evidence of a crime.

Resource Video: https://thebusinessprofessor.com/4th-amendment-search-and-seizure-protections/

The government does not have to secure a search warrant before searching private property in the following circumstances:

There are “Exigent circumstances”; within the suspect’s “Grab area”, at a point of“US Entry/Exit”

Resource Video: https://thebusinessprofessor.com/4th-amendment-search-and-seizure-protections/

Electronic surveillance generally requires a search warrant if surveilling a space where an expectation of privacy exists. True or False

The expectation of privacy only applies individuals - NOT businesses. True or False

The more heavily regulated the business industry, the less it is afforded privacy protections against search. True or False

If the government violates an individual’s 4th Amendment rights by conducting an unlawful search and seizure, the evidence uncovered in the search is _________

Not admissible at trial against the accused.

Resource Video: https://thebusinessprofessor.com/4th-amendment-search-and-seizure-protections/

The “exclusionary rule” exists to prevent the government, which has an interest in using seized evidence for prosecution of criminal law offenders, from __________

Infringing upon a defendant’s constitutional rights in pursuit of criminal law enforcement.

Resource Video: https://thebusinessprofessor.com/4th-amendment-search-and-seizure-protections/

The following are exceptions to the exclusionary rule for unlawful searches, if the government:

relied in good faith on a search warrant from the court that was later deemed invalid; or would have found the evidence uncovered in an unlawful search anyway.

Resource Video: https://thebusinessprofessor.com/4th-amendment-search-and-seizure-protections/

The __________ provides several procedural, Federal due process rights to citizens.

The 5th Amendment provides that anyone tried of a capital or infamous crime must receive a presentment or indictment by a ___________.

The 5th Amendment protects against an accused from being compelled to testify against herself. True or False

The 5th Amendment protects against being compelled to produce evidence in an investigation. True or False

The 5th Amendment protection agains self incrimination protects testimony that is related to:

An incriminating assertion of fact or the disclosure of information.

Resource Video: https://thebusinessprofessor.com/5th-amendment-criminal-law-protections/

The protection against compulsory self-incrimination does not apply to business entities. True of False

The 5th Amendment protection stating that No “person shall be subject for the same offense to be twice put in jeopardy of life or limb” is known as:

Protection Against Double jeopardy

Resource Video: https://thebusinessprofessor.com/5th-amendment-criminal-law-protections/

The 6th Amendment provides numerous procedural protections for someone who is subject to the prosecutorial process. These protections include:

Speedy and Public Trial; Trial by Jury; Being Informed of Charges, Ability to Confront One’s Accuser; Right to Subpoena Witnesses or Evidence; Right to Counsel.

Resource Video: https://thebusinessprofessor.com/6th-amendment-protections-criminal-law/

An individual, upon being charged with a crime, may request an expedited trial before a jury of her peers. This right prevents:

Unduly long detention without proceeding with prosecution

Resource Video: https://thebusinessprofessor.com/6th-amendment-protections-criminal-law/

The right to have a jury trial does not extend to:

administrative hearings, certain Article I hearings, juvenile proceedings, and certain misdemeanor cases.

Resource Video: https://thebusinessprofessor.com/6th-amendment-protections-criminal-law/

The right of a defendant to be fully informed of the nature and extent of charges brought against them prohibits the Government from:

Later bring those charges based on the same conduct.

Resource Video: https://thebusinessprofessor.com/6th-amendment-protections-criminal-law/

Anyone accused of a crime has a right to confront (and cross-exam in court) anyone accusing her of the charged criminal activity. True of False

The _________ provides any defendant with the opportunity to call in witnesses to give testimony or evidence at trial if those witnesses or evidence are relevant to the charged criminal conduct.

Defendants have the right to be represented by a licensed attorney in any case that has:

the possibility of imprisonment

Resource Video: https://thebusinessprofessor.com/6th-amendment-protections-criminal-law/

The __________ prohibits the Federal Government from imposing “excessive bail, excessive fines, and cruel and unusual punishment” on individuals pursuant to criminal prosecution.

Some of the more common types of named criminal offenses against someone else’s property include:

Lacey, Robbery, Burglary, Extortion, Embezzlement, and Fraud

Resource Video: https://thebusinessprofessor.com/crimes-against-property-of-others/

_____________ is the unlawful taking (theft) of personal property with the intent to permanently deprive the rightful owner of it.

_____________ is theft through violence or threat.

_____________ is theft by breaking into a building (sometimes at night) with intent to commit a felony therein.

_____________ is the unlawful obtaining of another’s property though coercion, such as the threat of violence.

_____________ is the theft of money by an individual entrusted to hold it.

______________ Are crimes that involve deceiving someone to unlawfully take possession of her property.

Fraud, False Pretenses, and Theft by Deception

Resource Video: https://thebusinessprofessor.com/crimes-against-property-of-others/

___________ is the unlawful taking of another’s property through intentional misrepresentation.

The following types of knowing and willful conduct constitute fraud:

Falsifying, concealing, or covering up any trick, scheme, or device; Making any material false fictitious, or fraudulent statement or representation about a material fact; or Making or using any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.

Resource Video: https://thebusinessprofessor.com/activity-constituting-fraud/

Charges, commonly known as “false pretenses” and “theft by deception”, generally constitute the following types of conduct:

Intentionally creating or reinforcing an impression that is false; Failing to correct an impression that is false and that the person does not believe to be true if there is a confidential or fiduciary relationship between the parties; Preventing another from acquiring information that is relevant to a transaction; and Failing to disclose a known lien or other legal impediment to property being transferred.

Resource Video: https://thebusinessprofessor.com/activity-constituting-fraud/

_________ in one’s actions is a defense to the allegations.

If an individual’s lacks of due care in making a statement that is unknowingly incorrect, is could constitute fraud. True of False

False - Accidental or reckless statements are not fraud. It must be intentional.

Resource Video: https://thebusinessprofessor.com/good-faith-as-a-defense-to-fraud-charge/

__________ is illegal to use the US postal service or electronic means of interstate communication to carry out a scheme to defraud.

Fraudulent conduct in the purchase or sale of securities is may illegal under these Acts.

Securities Acts of 1933 and the Securities Exchange Act of 1934.

Resource Video: https://thebusinessprofessor.com/common-types-of-business-fraud/

Flashcards - Study Practice - Part 2

__________ Fraud is when an insured makes a fraudulent claim for benefits under an insurance policy.

___________ generally involves making fraudulent claims for payment or reimbursement of healthcare expenses.

Healthcare fraud (prosecution usually falls under the False Claims Act)

Resource Video: https://thebusinessprofessor.com/common-types-of-business-fraud/

___________ is the knowing concealment of transactions or property ownership in an attempt to illegally avoid paying federal, state, or local taxes.

___________ involves an agreement between individuals to commit a crime.

Conspiracy is a separate charge or crime than the crime agreed to by the parties. True or False

Each person in the conspiracy MUST know all of the details of the intended course of action. True of False

False - All details are not necessary. Only need agreement on activity known to be illegal.

Resource Video: https://thebusinessprofessor.com/conspiracy-as-a-criminal-charge/

The formal elements of a conspiracy charge are as follows:

Multiple people; Common Plan; Willfully involved; Overt Act in furtherance of plan; Purpose to promote plan

Resource Video: https://thebusinessprofessor.com/conspiracy-as-a-criminal-charge/

____________ is an intentional act carried out with the intent to obstruct the legislative or judicial process.

__________ involves making a knowingly and willful misstatement to a federal agency or federally insured financial institution.

Two common types of false statement include:

False Statement to a Federal Agency; False Statement to a Bank

Resource Video: https://thebusinessprofessor.com/false-statement-as-a-criminal-charge/

___________ involves providing assistance to someone accused of a crime.

Aiding and abetting (or “Accessory”)

Resource Video: https://thebusinessprofessor.com/aiding-and-abetting-or-conspiracy-to-a-crime/

Aiding and abetting is the result of assisting with a criminal activity, such as:

assistance preparing to commit the crime, covering up the criminal activity, or evading law enforcement.

Resource Video: https://thebusinessprofessor.com/aiding-and-abetting-or-conspiracy-to-a-crime/

____________ means that the individual helps in preparation of the criminal activity.


____________ means that the individual helps conceal or cover up the crime.

___________ characterizes crimes by criminals of high socioeconomic status or individuals who hold high-ranking, professional positions, such as corporate executives.

A corporate official CANNOT be charged with a crime for conduct committed in furtherance of her job duties. True or False

Conduct by business officials that endanger workers may be criminal in nature. True or False

This federal law prohibits Offering, receiving, or soliciting something of value for the purpose of influencing the action of an official in the discharge of her public or legal duties.


This law imposes criminal and civil liability upon those businesspersons who engage in certain prohibited activities that directly affect interstate commerce.

Racketeer Influenced and Corrupt Organizations Act (RICO)

Resource Video: https://thebusinessprofessor.com/racketeer-influenced-and-corrupt-organization-act-rico/

Elements of a RICO action include:

Involvement in an Enterprise; a Pattern of Racketeering

Resource Video: https://thebusinessprofessor.com/racketeer-influenced-and-corrupt-organization-act-rico/

_____________ is a federal law that provides criminal and civil sanctions for those who commit fraud against the US Government.

The False Claims Act (FCA)

Resource Video: https://thebusinessprofessor.com/the-false-claims-act/

A special type of civil action ___________ allows a civil plaintiff to bring an action against a company on behalf of the Federal Government.

“Qui Tam” or “Whistleblowing”,

Resource Video: https://thebusinessprofessor.com/the-false-claims-act/

Individuals reporting criminal fraud against the government and those bringing Qui Tam actions may receive a portion of the proceeds recovered by the government. True or False

______________ is a set of federal laws addressing criminal and unethical conduct of public company boards and management, and addresses the accounting and auditing practice of firms servicing these public companies.

The Sarbanes-Oxley Act (SOX)

Resource Video: https://thebusinessprofessor.com/sarbanes-oxley-act/

The criminal sanctions under the statute are as follows:

Corporate and Criminal Fraud Accountability Act of 2002”; the "White Collar Crime Penalty Enhancement Act of 2002”.

Resource Video: https://thebusinessprofessor.com/sarbanes-oxley-act/

______________ Is criminal activity where a person intentionally accesses a computer without authorization or exceeds authorized access to obtain classified, restricted, or protected data, or attempts to do so.

Common defenses to criminal conduct include:

Negating Mental Capacity; Negating the Required Level of Intent; Duress, Necessity, Entrapment, Justification

Resource Video: https://thebusinessprofessor.com/common-defenses-to-criminal-conduct/

Criminal statutes carry numerous forms of punishment or sanction for criminal conduct including:

Fines, Incarceration, Loss or right to vote, Loss of right to own firearms, Loss of driving privilege.

Resource Video: https://thebusinessprofessor.com/types-of-punishment-for-criminal-activity/

___________ theory states that an individual should suffer or incur some harm for her conduct.

___________ theory states that imposing sanctions on conduct will prohibit that type of conduct.

____________ theory says that society should be protected against individuals who commit a crime for a specific period of time.

____________ theory states that an individual receives sanctions with the purpose of allowing the individual time to mentally process her actions.

____________ theory states that the victim deserves to be made whole (or as close as possible) from the criminal activity.

The federal sentencing sentencing guidelines for federal crimes are mandatory in all cases. True or False

False - they are discretionary

Resource Video: https://thebusinessprofessor.com/federal-sentencing-guidelines/

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