Prentice Hall © PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 4E, by Henry R. Cheeseman Chapter 7 Business Crimes and Criminal Law

Prentice Hall © What Is a Crime? A crime is a violation of a statute for which the government imposes a punishment

Prentice Hall © Parties to a Criminal Action Plaintiff In a criminal lawsuit, the government (not a private party) is the plaintiff Defendant The accused is the defendant

Prentice Hall © Classification of Crimes Felonies Misdemeanors Violations

Prentice Hall © Essential Elements of a Crime Criminal act Defendant must have actually performed the prohibited act Actual performance is called actus reus (guilty act) Criminal intent Defendant must be found to have possessed the requisite state of mind when the act was performed The state of mind is called mens rea (evil intent) Strict liability (liability without fault) Some states impose criminal liability without a finding of mens rea (intent)

Prentice Hall © Stages of Pretrial Criminal Procedure Arrest Indictment or information Arraignment Plea bargaining

Prentice Hall © Criminal Trial All jurors must unanimously agree before the accused is found guilty of a crime If even one juror disagrees, the accused is not guilty If all jurors agree the accused did not commit the crime, the accused is innocent

Prentice Hall © Crimes Affecting Business Robbery Burglary Larceny Theft Receiving stolen property Arson Forgery Extortion Credit card crimes Bad checks

Prentice Hall © White-Collar Crimes Embezzlement Criminal fraud Mail fraud Wire fraud Bribery Racketeer Influenced and Corrupt Organizations Act (RICO)

Prentice Hall © Inchoate Crimes Inchoate crimes include incomplete crimes and crimes committed by nonparticipants Examples include Criminal conspiracy Attempt to commit a crime Aiding and abetting the commission of a crime

Prentice Hall © Computer Crimes Federal and state governments have enacted laws that address computer crimes Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 Electronic Funds Transfer Act

Prentice Hall © Constitutional Safeguards

Prentice Hall © Federal Antiterrorism Act of 2001 Is a response to the terrorist attacks on the World Trade Center in New York on September 11, 2001 Assists the government in detecting and preventing terrorist activities and investigating and prosecuting terrorists Features include a special intelligence court, a national search warrant, roving wiretaps, sharing of information, detention of non- citizens, bio-terrorism provisions, and anti- money laundering provisions