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As a general rule, an individual can engage in any type of conduct he or

she wishes unless there is a law prohibiting those

actions.

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Crimes against businesses include:

shoplifting, robbery, burglary, and employee

theft, which cost businesses billions of

dollars annually.

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Offenses committed by people in business dress.

Not usually physical violence but rather unethical activity,

fraud, or financial theft.

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Crawford was arrested walking from a commercial building that

had a courtyard. The police received a report of a burglary

in progress at the building. Defense argued that it was not

burglary because of the courtyard.

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What is the law in

Californiaon burglary?

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Every person who enters any room, shop or building with the intent to commit any

felony is guilty of burglary

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The courtyard is an integral part of the building. The offices had four

walls and a roof and the only entry was though the courtyard that had

locked gates on each end.

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Consider the following two cases…

A person gives his ATM card to a co-worker to withdraw $20 from his checking account. Instead, the

roommate withdraws $500.

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What crime has been committed?

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Taking and carrying away the property of another without consent and with the intent of depriving the other of the goods permanently

Larceny

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Refers topossession

and notownership

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Embezzlement occurs when someone takes

property entrusted to him or her with the intent to deprive the owner of the

property.

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An embezzler is lawfully entrusted with the property as opposed

to a thief who improperly obtains

possession of the asset.

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THEFT PLUS FORCE OR THREAT OF FORCE

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A pick pocket is usually

not robbery,but a purse snatch in which the

victim is knocked to the ground

would be.

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Unlawful to buy or receive stolen

goods knowing that goods are stolen

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This crime occurs when one uses the Internet to sell property gained

through unlawful means.

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also known as

SHOPLIFTING

Retail Theft

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Using the victim’s personal information to obtain a financial

advantage such as the misappropriation of a credit

card or money from a bank account.

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Now a federal crime under the Identify Theft

and Assumption Deterrence Act

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Birdsong burst through a gate separating the tellers from the

customers. He slammed the gate closed and threw a printer to the

ground before ordering the tellers to stand up and give him the money

from the teller drawers.

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A person is guilty of robbery when, in the course of

committing theft, he uses or threatens the use of physical force on another person with

intent to accomplish theft

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The defendant’s conduct must be objectively menacing. When a defendant demands money in making the demand and acts aggressively toward inanimate

objects nearby, that behavior can satisfy the requirement for

robbery.

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Agreement between two or more people

to commit a crime or to do a lawful act in an unlawful manner

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Allows the government to file charges against

anyone who has participated in the planning or commission

of a crime and to hold each liable for the actions

of the other.

MUST HAVE TWO PEOPLE

AGREE

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NEEDOVERT

ACT

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MUST DOSOMETHING IN

FUTHERANCE OFTHE CONSPIRACY

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Is it a defense thatthe person to the

conspiracy was toodrunk to have formedthe intent to conspireto commit the crime?

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The court in Hankinson v. Wyoming said that whether the

defendant was too drunk to form the requisite intent to commit the

crime is a juryquestion. Here, the defendant made

decisions that required some presence of mind. Therefore, thedefendant was guilty as charged.

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Illegal actions committed in

a business setting

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This includes such things as computer fraud, health

care fraud, securities fraud, insider trading, theft of trade secrets, embezzlement, and

tax evasion.

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.Have you ever heard of “payola” or “kickback?”

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.Bribery is the act of offering something

of value to another with the intent of influencing that person’s opinion or to have something done in return

by that entity.

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Examples would be giving money to a

juror to influence the vote, or paying a cop to

overlook a crime.

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The term originated during the days of Al

Capone when organized crime owned Laundromats

to dispose of money obtained by illegal means.

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The mob needed to show a legitimate source for their funds, so this was done by

buying legitimate businesses that would commingle the illegal earnings with the revenues received from

these businesses.

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Today, the law is called theMoney Laundering Control Act.

Its purpose is togo after the third party who claims ownership

to money obtained throughillegal means.

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A person charged with the offense does not have to commit the

crime which generated the illegal revenue.

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Facts:Awada owned a bar. He placed bets with Sabby. Sabby took checks given to him by another bettor to Awada who deposited the checks in his account ad gave the cash to Sabby

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There is absolutely no requirement that a defendant also be

involved in the underlying crime. Only

needs to know transaction is to conceal.

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Insider trading occurs

when corporate insiders,

such as officers, directors

and employees,

buy or sell stock in

their own companies.

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occurs when

a person buys or sells stock

while in possession of

information about the stock

that has not been made public .

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Would it be illegal if a

CEO tells a friend about

something in the company that

has not been made public and

the friend sells his shares of

stock in that company?

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Would it be illegal if a

a bank employee comes

into non-public information

about a business while

processing a loan application

and buys the stock

in that business?

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There are two theories

of insider trading:

1)The classical theory

and

2) The misappropriation

theory.

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The classical theory

imposes liability on

insiders who trade on the

basis of confidential

information obtained

by their positions

within the company.

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The President of a firm

knows that the FDA is not

going to approve a cancer

drug and immediately

sells his stock in the

company before the news is

made public.

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The misappropriation theory

imposes liability on

outsiders who trade on the

basis of confidential

information obtained

by reason of their relationship

with the person possessing

the information.

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“Tipping”

- providing confidential

Information to someone outside of the

Organization who then trades on

that information

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elementsTyler’s Sports Bar and Grill

needs to increase its revenues so

it decides to build a microbrewery.

A loan is needed, but the bar’s

financials will not support the

application. Joe Roberts

changes the financials

to reflect higher revenues.

Has he done anything illegal?

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Suppose you want to buy a home but

need to show extra income on your

loan application to qualify for

a mortgage. Therefore, your

father gives you a letter stating

that you work at his business

and make $25,000 a year when

you don’t work there. Is this illegal?

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This crime occurs whenever a person makes a

false statement of a material fact or overvalues property for purposes of inducing a bank to take

action.

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Does the bank have to rely on the false statement for

a person to be guilty of the crime?

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No. Whether the bankrelied on the statement

is irrelevant. The reason behind the law is that false

statements to federally insured banks can mislead

government auditors.

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Anything wrong with filing

a bankruptcy petition, overstating

your debts or understating

your assets? After all, you can’t

pay off your creditors, so why

does it matter?

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This crime occurs when a person

devises a scheme to defraud by:

filing a false bankruptcy

statement; filing a false document

in a bankruptcy proceeding; or

making a fraudulent representation

or claim in a bankruptcy case.

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This crime requires the accused to

have engaged in two or more instances

of racketeering and have

directly invested

in, maintained, or participated in a

criminal enterprise affecting

interstate or foreign commerce.

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Activities covered include:

Murder, kidnapping, gambling

arson, robbery, bribery, extortion,

Mail and wire fraud, obstruction of

Justice, witness intimidation,

Money laundering, embezzlement,

Etc.

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1) Scheme to defraud

2) Which involves the use of the mails

Or a wire communication

3) For the purpose of executing

the scheme.

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Even though a corporation

is a separate entity from

its officers and employees,

it may still be held liable

for the criminal actions of

its employees committed

within the scope

of the employment.

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Criminal liability arises

under the doctrine of respondent

superior. In other words, a

corporation can’t act on its

own, so it acts through its agents

and employees. Therefore, it

should be liable for those

criminal acts committed on

behalf of the business.

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When is an employee

acting within the

scope of authority for

a corporation to be liable

for criminal

activity?

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An employee is acting within the scope of

employment if the (1) the employee

has the authority to do the particular

corporate business which was

conducted criminally; (2) the employee

was acting in part in furtherance of

the business; and (3) corporate

management has authorized or tolerated

the criminal acts.

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A classic case would

be a bartender

serving alcohol to

a minor.

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Should a fraternity be

criminally liable if one

of its members puts beer

in a soda machine

at a pledge party and

a minor buys a beer?

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A fraternity held a rush at its

house, and the members put beer in a

soda machine. A 19 year old

then bought a beer. The fraternity

had voted not to provide beer at

rush, and the machine had been

moved to an area in which

the defendant did not have control.

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What did the

fraternity

argue?

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The individuals

responsible for making

beer available for sale to the

minor were not acting on

behalf of the fraternity or

within the scope of

their authority.

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The key for corporate liability is whether the agent is acting within the scope of

apparent authority. This occurs when the principal conducts itself in a way to cause a

third person to believe that the agent is authorized to act. Here, the defendant had

control over the soda machine and apartment. They also had interest in the proceeds, and a fraternity member was

making change for the machine. Many of the guests at the party were under 21, so

they should have known.

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HANDWRITINGHANDWRITING

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Marra, an accountant, refused to comply with an IRS subpoena asserting 5th

amendment rights. He was not being investigated, he was the

accountant for a company being investigated

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Are Fifth Amendment rights

violated since turning

Over documents would

Incriminate him?

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Marra must respond to each question and

request and raise his 5th amendment rights to

each.

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The victim said that

her assailant wore a

ski mask but had a tattoo

of a shark on his shoulder.

District Attorney wants

the defendant to remove

his shirt in court.

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Can Christopher be

forced to take off his

shirt in court for an

in-court identification,

or does that violate his

Fifth Amendment rights?

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While the in-court

identification may

incriminate him, he must

remove his shirt since

it is not testimony

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This Amendment deals with the law of search

and seizure

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•Prohibits unlawful search and seizures

•Warrants must be issued upon probable cause

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Generally, the policeneed a search

warrant to search a person or

his property.

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Officer must get written authorization

in form of search warrant based

upon probable cause.

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Search Warrant is specific as to

location and item.

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POST V. RUTTER

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After receiving a complaint of an administrative violation, the

defendant attempted to inspect plaintiff’s business. Plaintiff brought suit against defendant for violating his 4th

amendment rights

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Ohio’s statute authorizes warrantless searches. The defendant had a lessened

expectation of privacy. Such searches are necessary for

enforcement of the act. Plaintiff’s rights were not

violated.

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