Transcript Slide 1

FIFTEENTH EDITION
The
Legal & Regulatory
Environment of Business
Chapter 12—
Criminal Law and Business
REED
McGraw-Hill/Irwin
SHEDD
PAGNATTARO
MOREHEAD
Copyright © 2010 by The McGraw-Hill Companies, Inc. All rights reserved.
Introduction
 Criminal law provides a
means to punish wrongdoers
who affect ownership of
property.
 A crime is a wrong against
society.
 Federal & state penal codes
12-2
Learning Objectives
 To recognize the kind of acts that constitute
white-collar crimes.
 To explain Fourth, Fifth and Sixth Amendment
rights.
 To identify the elements of specific crimes.
 To understand how the same acts can give rise
to both civil and criminal liability.
 To realize the far-reaching impact of criminal
behavior on corporations and individuals.
12-3
Crime
Inherently Wrong
 Malum In Se
Deemed Wrong By
Legislature, e.g. –
White-collar crime
committed by:
•Business entities
•Officers
•Accountants
•Attorneys
•Desk workers
12-4
Crime Classifications
Felony
Misdemeanor
Indictment
Grand Jury
Information
Gov’t Charge
Fine Or
Imprisonment
Fine Or
Jail<1 yr.
12-5
Underlying Concepts
Crime
Intent
Willfully
Or
Knowingly
12-6
Pleas in Criminal Cases
Guilty
Not Guilty
Nolo Contendere
(“no contest”)
Criminal conviction may be basis for civil damages suit.
12-7
Grand Jury
 Constitution- 5th


Amendment
 23 Citizens
Determine Probable Cause
Presumption Of Innocence
 No Defense Counsel
 Subpoena Power
 Secret Proceedings
12-8
pop pop pop
QUIZQUIZQUIZ
Crimes punishable by one year or more
imprisonment are called _________.
a. Misdemeanors
b. Criminal indiscretions
c. Felonies
d. Indictments
12-9
Constitutional Protections
The Bill of Rights of the
U.S. Constitution
provide civil liberties that
protect persons from the power of
government, including persons
accused of crimes and protect
businesses
from excessive regulation.
12-10
Fourth Amendment
 Unreasonable search &
seizure - privacy
 Extends to certain civil
matters
 Expectation of privacy
 Generally assumed
 Not for some businesses
12-11
Fifth Amendment
 Self-Incrimination
• Protects accused from testifying
against self
• Does not protect against being
required to produce evidence
• Business records can be obtained
• Only protects sole
proprietorship entity
 Double Jeopardy
12-12
Sixth Amendment

Provides Protections To:

Speedy/Public Trial


Be Informed Of Charge



Trial By Jury
Confront Accuser
Subpoena Witnesses
Assistance Of Attorney
12-13
Specific Business Crimes
Fraud
Larceny
Conspiracy
RICO
Obstruction of Justice
Cyber Crime
False
Statement
Endangering Workers
12-14
think think think
TANK TANK TANK
Generally, when corporations are charged
with crime, corporate officers can
also be criminally charged.
a. True
b. False
12-15
think think think
TANK TANK TANK
Employees of some business do not
have 4th amendment protections
because of public policy considerations.
a. True
b. False
12-16
Specific Business Crimes
Fraud
Fraud
Conspiracy
Obstruction of Justice
False
Statement
•Must be Scheme
Larcenyto
Defraud
•Elements –
RICO
• Intent To
Mislead
• Misstatement Of Fraud
• Justifiable Reliance
Cyber Crime
• Injury
•Mail & Wire Fraud
•Securities Fraud
Endangering
Workers
•Health
Care Fraud
•Counterfeiting
•Bankruptcy Fraud
12-17
Mail and Wire Fraud
 Interstate communication
 Scheme to defraud- course of
action to deceive others
 Legal aspects- statement
(material fact) known to be
untrue or disregards truth
• Intent to defraud- act knowingly
• Good faith
12-18
Specific Business Crimes
Fraud
Conspiracy
Conspiracy
Larceny
More than
1 person agrees
to carrying out criminal
offense RICO
Each member is agent/
Obstruction of Justice
False
Statement
Cyber
Crime
Partner
of other
memberswillful member
Commit
overt actnot
Endangering
Workers
required to know details
12-19
Specific Business Crimes
Fraud
Conspiracy
Obstruction
of
Obstruction of Justice
Justice
False
Statement
Larceny
•Act committed
with intent
to obstruct legislative or
judicial process
RICO
• Integrity of
proceedings
• Examples:
•Clean
up files
Cyber
Crime
•Changing record of
phone conversation
•Shredding documents
Endangering
Workers
during pending
investigation
12-20
Specific Business Crimes
Fraud
Conspiracy
Obstruction of Justice
False
False
Statement
Statement
Larceny
• To Bank
•Financial statements
RICO
•Relate to
material fact
•To Federal Agency
Cyber
Crime
•Willfully
and
knowingly
•Relate to material
matter
•“Exculpatory Workers
no”
Endangering
12-21
Specific Business Crimes
• Larceny
– unlawful
Fraud
taking of property
•Robbery
•Burglary
Conspiracy
•Embezzlement
•Examples:
•Use of company
Obstruction
of Justice
property without
permission
•Padding expense
False
accounts
•Falsifying
time
Statement
records
Larceny
Larceny
RICO
Cyber Crime
Endangering Workers
12-22
Specific Business Crimes
LiabilityFraud
Larceny
•Use/invest income from
prohibited
activities
Conspiracy
•Acquire/maintain interest
in prohibited enterprise
Obstruction of Justice
•Conducts/participates in
RICO
RICO
Cyber Crime
prohibited enterprise
Prohibited
activity
False
•Pattern of racketeering
Statement
•Collection
of unlawful
Endangering Workers
debt
12-23
Specific Business Crimes
Fraud
• Hacker (cracker) –
unlawful
access to
Conspiracy
electronic information
•Obstruction
Id theft of Justice
• Electronic theft
•Trade secrets
•Personnel
Falserecords
•Customer lists
Larceny
RICO
Cyber Crime
Cyber Crime
Endangering Workers
Statement
12-24
Specific Business Crimes
Fraud
Larceny
• Assault & Battery
Conspiracy
RICO
•Obstruction
Safety Precautions
of Justice
Cyber Crime
• Accidental Homicide
• Occupational Safety
And Health Act
False
Statement
Endangering
Workers
Endangering
Workers
12-25
Aiding And Abetting
 Federal charge
 Assist in criminal act
 Participating in conspiracy
 State charge = accessory

Before crime

After the fact
12-26
Sentencing Guidelines
 Judges
•Loss of control
•Complexity
 Supreme court made advisory
 Reversed if unreasonable
12-27
Trends
 Sarbanes-Oxley Act
 Plea bargain with mid-level
employees in exchange for testimony
against top-level employees
 Forfeiture of assets
12-28