...Criminal law, also known as penal law, refers to different jurisdictions of various bodies of rules whose general characteristic is incomparable and often impose punishment for failure to comply. Criminal punishment includes execution, loss of liberty, government supervision (either parole or probation), or fines depending on the offense and jurisdiction. Murder is one example of some of the archetypal crimes, but the acts that are prohibited are not entirely consistent between different criminal codes, and even among a particular code lines may be confused as civil infractions give rise to criminal consequences. Criminal law is typically enforced by the government. Civil law, or branch of law, deals with disputes between organizations and/or individuals, in which compensation may be given to the victim. Civil courts provide a confabulation for deciding disputes involving torts (such as libel, accidents and negligence), contract disputes, property disputes, the probate of wills, trusts, commercial law, administrative law, and other private matters that involve private parties and organizations. An action by an individual against the attorney general is a civil matter, but if the state is represented by the attorney general or other agent from the state and takes action against an individual, this is no longer civil law but instead this is now public law. The objective of civil law differs from other law. Civil law attempts to right a wrong, settle a dispute, or honor an...
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...Embezzlement is a white collar crime, it mostly occurs in corporations when a person uses funds or assets of the employer for an individual interest. Embezzlement is also common when we refer to the misappropriation of public funds. They usually occur when the person has permissible access to the property and funds, as he or she has been entrusted with it’s handling and care. With embezzlement it is a serious crime that will carry penalties in both the civil and the criminal courts. Employees who care for public funds are most likely to be given a harsh punishment, keeping in mind the severity and repercussions of the crime. There are three major differences between the civil court and the criminal court in embezzlement. First, in civil law, a case would start when a complaint is filed by a party, which maybe an individual or an organization, a company, or a corporation that is against another party. With civil fraud trials they are typically started by the party that is suffering the loss and it may result in a judgment for reimbursement for actual losses and attorneys’ fees. With civil trials they do not result in imprisonment. With criminal fraud it involves the violation of a law enacted by the state or federal legislation. Criminal fraud is prosecuted by the state and may result in punishment, such as fines, restitution and prison time. With the government and enterprises are spending millions of dollars each year to ensure that their information infrastructure, and...
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...prison ( any theft is a misdeamenor ) - A felony is a crime that is punishable by imprisonment or death Bassis of criminal liability - A mental state is the defendant does not have to know that the act is criminal; it is sufficient that the act was done voluntarily . - Act of omission – an act or omission of a required act must actually take place - Harm may occur but ir is not a required element for an act to be classified as a crime Responsibility for criminal acts - Corporate liability - Officers and agents of corporations may be held responsible for the criminal acts of their employees. Liability may attach when employees fail to act. U.S. v Erickson convictions were upheld; defendents intentionally backdated documents. - penalty for crime: forfeiture is a penalty for a crime - penalties for business and white collar crimes Courts now apply percentage of revenues when calculating corporate fines and penalties Mandatory prison sentences for officers. US senstencing commission. - Sarbances oxley basically was criminal fraud and white collar crime Substantically increases penalties for corporate crimes Mail and wire fraud penaties Indemnification of crime victims - Penalties are paid to the government - Action for damages. Victims can bring civil lawsuit against wrongdoer. - Indemnification of unjustly convicted White collar crimes - Conspiracies - Crimes...
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...Ethical Issues – Bill Services There are many ethical issues going on with Bill that will affect his business and our firm legally and financially. Here are some of the issues: 1) He is planning on filing for divorce. His wife, Rotunda is a large and violent woman who has spent every penny Bill has made over the years. She has a moustache, missing a few front teeth and generally not a nice person. Ethical issues: Bill and Rotunda’s marriage seemed to change after the birth of their last child. Rotunda’s personality changed and she even put on extra weight. Rotunda continued to spend every penny of her husband’s hard earned money. Ethically, he has every right to want to file for divorce. Bill using the fact that she has a moustache and missing teeth are not a factor here. The mention of Rotunda being violent could be an issue as the divorce proceedings are under way. Choosing to divorce a person should be based on something that isn’t going quite right. You do not need to have a specific reason at all to request a divorce, but most states do have the option of using one of the grounds for divorce as your reason. Having one of these reasons can help your case, but if the two of you are not happy, then a no fault divorce would be the way to go. You are both on level ground and can go your separate ways without your record being tarnished. Choosing to get a divorce is not always an easy decision for...
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...Fraud 6 Sentencing 9 Conclusion 10 Endnotes 11 Introduction Crime is such a general word, and describes a whole conundrum of activities that are seen as unlawful. The oxford dictionary defines crime as “an action of omission which constitutes an offence and is punishable by law”. There are many different types of crimes, and they are classified based on the seriousness of the crime. Minor crimes/offences, for example a traffic offence, are called misdemeanors. More serious crimes, like murder, are called felonies and are punishable by more than a year in prison. When people hear the word crime, they most often associate it with a dangerous, violent act. There are crimes that are not violent in nature, but are still considered criminal acts because of their nature and their purpose. White-collar crime is one of those types of crimes that are non-violent but have a great impact on its victims. What is White-Collar Crime? White-collar crime is “generally identified as non-violent crimes that public officials and business people commit predominantly for their own personal gain”. Edwin Sutherland came up with the term “white-collar crime” to explain the crimes that both middle class and upper class people committed in the course of their business activities. White-collar crime is so often neglected as crime, that many people don’t even consider it as a crime until they are the victims. People don’t understand that the effects of white-collar crime are much higher than...
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...Ashley Mayes Criminal Law Essay 3 23 February 2014 Ashley Mayes Criminal Law Essay 3 23 February 2014 Crimes against Property: Larceny Crimes against Property: Larceny Crime against property means a crime that destroys or deprives an owner of property against the owner's will. These crimes are considered less serious than violent crimes, or crimes against persons. Crimes against property are not as obvious as they sound. Although they deal with damage or theft of physical property, sometimes they also involve harm or threat to individuals. When people are involved, the penalties for crimes against property can increase a great deal. The crime I am going to specifically talk about is larceny. I will discuss the physical properties of it, the statutes in the state of Ohio, and the common law definition of larceny. Larceny is a crime against property, and is a form of theft. It is the” unlawful taking, and carrying away of another’s tangible personal property with intent to deprive the rightful owner of the same. “It is also considered a crime against possession. The taking element requires that the offender take actual physical control of the property without the consent of the owner. If the offender merely deprives the victim of possession, it is not larceny. The offender must have gained control over the property and that control must be complete. The offender must have taken the property with the intent to steal it. And the intention required is one intended...
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...generic definition of the law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force.”(Melvin, p. 4, 2011) This happens to be one of the most commonly recognized definitions.” Principally law delivers a structural method of solving disagreements concerning individuals that tend to not follow the guidelines and protocols that are set within the government. Due to the fact that the build of American law is so diverse, business law is divided into three categories; Criminal verses Civil Law, Substantive verses Procedural law, Public verses Private law. Criminal verses Civil laws are pertaining to the criminal or civil class of law. Criminal law is for the safety of society. The purpose of criminal law is to protect individuals and businesses from criminal activity, such as robbery, larceny or embezzlement. If a person breaks the law usually violators could possibly be subject to fines and/or incarceration. “Civil laws are designed to compensate parties (including businesses) for losses as a result of another’s conduct.” (Melvin, p. 18, 2011). “Substantive law provide individuals with rights and create certain duties” (Melvin, p. 18, 2011) whereas procedural law gives structure for pursuing...
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...–Chapter #19 Assignment #2 7/25/2010 1. Describe a crime. Who are the parties to a criminal action? A crime is any act done by a person in violation of those duties that he or she owes to society and for the breach of which the law provides a penalty. The parties in a criminal action are the plaintiff which is the government represented by the prosecuting attorney and the defendant who is the person or business accused of the crime. 3. Describe the difference between the following classifications of crimes: felonies, misdemeanors and violations. Felonies are the most serious of crimes, usually punishable by imprisonment, whereas misdemeanors are less serious crimes that are punishable by fines or less than 1 year in prison. Violations are not felonies or misdemeanors and the penalty is usually a fine. 4. Define Actus Reus? Define Mens Rea. What is a non-intent crime? Give an example. Actus Reus- guilty act Mens Rea- state of mind, evil intent A non-intent crime is a crime that imposes criminal liability without finding intent or mens rea. A death of a pedestrian due to a person’s reckless driving would be considered a non-intent crime. They could be found guilty of involuntary manslaughter and sentenced to prison. 5. What is the difference between criminal and civil law? What is the jury vote required for each? What is the standard of proof for each? Civil Law- Action is brought by a Plaintiff, trial by jury, except in actions of equity, a preponderance...
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...BUS 3305 Unit 2 Week 2- Written Assignment: During this week’s written assignment, I will share three different scenarios. Then, I will discuss which of the three concepts: litigation, ADR, or criminal prosecution is the appropriate plan of action for the predescribed scenarios. I will also attempt to cite information from the textbook to support any of my positions. However, my personal preference is paraphrasing. Other requirements for this assignment will include to produce an essay of at least 1,500 words. This paper should be 12-point font size, Times New Roman font, and I am to include a list of any outside resources that I used during this assignment. Adele is a secretary for her company. As part of her responsibilities, she can...
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...Chapter 1 Discussion Questions 1. Fraud always involves deception, confidence, and trickery. The following is one of the most common definitions of fraud: a. “Fraud is a generic term, and embraces all the multifarious means which human ingenuity can devise, which are resorted to by one individual, to get an advantage over another by false representations. No definite and invariable rule can be laid down as a general proposition in defining fraud, as it includes surprise, trickery, cunning and unfair ways by which another is cheated. The only boundaries defining it are those which limit human knavery.” Fraud is deception that includes the following elements: 1. 2. 3. 4. 5. 6. 7. 3. a. Employee Embezzlement: In this type of fraud, employees deceive their employers by taking company assets. Embezzlement can be either direct or indirect. b. Management Fraud: Distinguished from other types of fraud both by the nature of the perpetrators and by the method of deception. In its most common form, management fraud is deception perpetrated by top management’s manipulation of financial statements. The victims of management fraud are typically stockholders, lenders, and others who rely on financial statement information. c. Investment Scams or Consumer Scams: A type of fraud that is perpetrated when fraudulent and usually worthless investments are sold to unsuspecting investors. d. Vendor Fraud: Perpetrated by vendors; comes in two main varieties: fraud perpetrated by vendors acting alone, and fraud...
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...individuals who are 40 years old plus. This protection is for employees as well as job applicants. This act makes it is unlawful to discriminate against an individual due to their age. The ADEA is applicable to employers with 20 plus employees. Some possible legal ramifications for violating this act is that the employer may be forced to provide back pay, benefits and other forms of compensation that was lost as a result of discrimination. The employer may be required to reinstate or promote the employee, or pay front pay if such a move is judged to be impractical. In addition, Texas state laws allows for compensatory damages. Those damages may not exceed $50,000 for each complainant of an employer that has less than 101 employees. The Civil Rights Act of 1964 was enacted...
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...Final Review for ACCT 436 M/C题： 1. Racketeer Influenced and Corrupt Organization (RICO) -Act that lists more than 30 different state and federal crimes for which the violation of any two in a related pattern over a 10-year period can lead to criminal and/or civil liability with criminal penalties of fines up to $25,000 and 20 years in prison; part of the Organized Crime Control Act (OCCA) of 1970. -The act was designed to combat organized crime, forbids certain organized gambling, and to allow the prosecution of criminal leaders who may not have been directly involved in a series of criminal acts but whose criminal organization carried out the details. 2. Benford’s Law (1)定义：A fraud indicator that predicts the relative incidence of first digits of numbers in certain types of random data. (2)Benford Analysis Benford analysis presents another interesting approach to fraud detection. Its general use is to determine the likelihood that fraud exists in records. This technique is based on Benford’s law, named after Frank Benford who realized that the likelihood that numbers 1, 2, 3, 4, 5, 6, 7, 8, and 9 will appear as the first digit in numbers occurring in a random data set conforms to a predictable pattern. That is, the number 1 is more likely to appear as the first digit in a number than is the number 2. The pattern of likelihood (Figure 6.6) continues with other digits: The number 2 is more likely to appear as a first digit than 3, 3 is more likely to appear as a first...
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...1. Actus reus is the Latin term used to describe a criminal act. Every crime must be considered in two parts-the physical act of the crime (actus reus) and the mental intent to do the crime (mens rea). Преступление — это общественно опасное, противоправное, виновное деяние дееспособного лица, за которое предусмотрено уголовное наказание. Crime - is socially dangerous , illegal , guilty act capable person, which provides criminal penalties. Crimes are defined by criminal law, which refers to a body of federal and state rules that prohibit behavior the government deems harmful to society. If one engages in such behavior, they may be guilty of a crime and prosecuted in criminal court. In today’s society, criminal behavior and criminal trials are highly publicized in the media and commonly the storyline in hit television shows and movies. As a result, people may consider themselves well-informed on the different types of crimes. However, the law can be quite complicated. There are many different types of crimes but, generally, crimes can be divided into four major categories,personal crimes, property crimes, inchoate crimes, and Statutory Crimes: * Personal Crimes – “Offenses against the Person”: These are crimes that result in physical or mental harm to another person. Personal crimes include: * Assault * Battery * False Imprisonment * Kidnapping * Homicide – crimes such as first and second degree, murder, and involuntary...
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...on display recently as the regulated are pushing back against the tough stance taken on corporate misconduct. In October 2013, Mary Jo White, the Securities and Exchange Commission chairwoman, spoke at the Securities Enforcement Forum about a new approach based on the “broken windows” theory of enforcement in which the police pursue minor infractions to send a message about compliance with the law. This is one way to prevent crime by the white collar criminal as mention in our class material. Crime prevention, or the intervention to prevent a crime from occurring, can be achieved in two ways: by changing the offender’s disposition or by reducing his or her opportunities. The focus of the situational crime prevention is correspondingly based on the belief that crime can be reduced effectively by altering situations rather than an offender’s personal dispositions. Celia Ampel reporter from The South Florida Business Journal: South Florida residents charged in $1.2M money laundering scheme Reporter: 2014. White collar criminal leave their victims penniless after fraudulent behavior of securities transactions. This related to the material we discuss on how white collar crime can destroy their victims financially. South Florida men were charged Tuesday with helping pull off a $1.2 million money laundering scheme that targeted retirement funds. John A. Cavallo, 39, and Allen Franks, 73, of Palm Beach County were charged, along with Colin A. Smith, 37, of Broward County. Franks...
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...Good question are white collar offenses committed by government agencies and corporation different or/ and similar from organized crimes? White Collar Crimes was founded by Edwin Sutherland in 1939, from crimes that were committed by higher, respected people in their occupation. Therefore, this is something that has been going on for decades. Since then the definition has changes somewhat and even to wanting to change the name of it. Most crime of hat of white collar that is committed is fraud, bribery, counterfeiting, forgery and embezzlement 2008 (Humphrey & Schmalleger, 2012). White collar crimes and organized crimes are definitely similar because no matter how it is looked at, it is still a crime. Mainly, these crimes committed by white...
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