1. Immigration, Cyber Crime, and White Collar Crime Chapter 17

2. Criminalization of Immigration Law Immigration Law is a civil regulatory system, not criminal Laws act as a screening process for non citizens – Determines if allowed to enter and why – How long they can stay and when they must leave

3. Criminalization of Immigration Law Visa Basics – Alien-a person who is not a citizen of the country they are in and do not have same rights as a citizen – Green card-document that indicates the holder’s status as a lawful permanent resident – Permanent resident-alien who has been granted permission by USG to live an work in U.S. on a permanent basis

4. Criminalization of Immigration Law Removal Basics – Removal-process used by the government to expel an alien from the U.S. – criminal convictions can remove permanent residents 11.2 million illegal aliens in U.S. – Most law abiding besides the immigration violation

5. Criminalization of Immigration Law Regardless of citizenship status, anyone in the U.S. is protected by the 4 th, 5 th, and 6 th amendment during criminal trials BUT, these rights are NOT applied in immigration law because it is a ADMINISTRATIVE/CIVIL trial/proceeding 2005, Operation Community Shield, identified street gang members and ICE removed based on their immigration status

6. Criminalization of Immigration Law 2008 Secure Communities program – Info of all arrested in U.S. sent to DHS, if found to be a criminal offender or immigration violator, they ICE will send a detainer – Detainer-document that gives ICE custody over immigration law violator after criminal case is disposed of Those programs were looked upon as incentive to arrest suspected aliens on minor charges

7. Criminalization of Immigration Law Half of all illegal border crossings occur on Arizona’s border – Passed S.B. 1070 Required state and local LEO’s to check immigration status of person stopped for other reasons, must have REASONABLE SUSPICION Makes criminal violation those non citizens not carrying a green card or visa Illegal for illegal immigrants trying to find employment – Racial profiling became a concern with this bill

8. Cyber Crime Why does it occur? – Access and Anonymity – Not new crime, just a new vehicle – Cyber crime- crime that occurs online in virtual community Computer Crime- wrongful act that is directed against computers and parts that involves the wrongful use or abuse of computers and software

9. Cyber Crime Three categories 1.Computer/Software is the object of the crime; stealing the computer/software 2.Computer is the subject of the crime; breaking into the computer 3.Computer is the instrument of the crime; use of computer

10. Cyber Crime Consumer fraud-misrepresentation made over the internet with intention of deceiving Identity theft-theft of personal info; name, ssn, O/L # Phishing-sending unsolicited email that claims to be from a legitimate organization in an attempt to acquire passwords or credit card info Cyber bullying

11. Cyber Crime In The Business World – Hackers-person who uses one computer to break into another – Botnet-network of computers appropriated without the knowledge of their owners and used to spread harmful programs – Virus-program that replicates over a network and interferes with the normal use of computer, must be attached to another program – Worm-program that replicates over a network and interferes with the normal use of computer without being attached to another file

12. Cyber Crime Theft of intellectual property – Intellectual property-property resulting from intellectual, creative processes Crimes against the community – Online pornography—child pornography Speed-can pass material quickly over long distances Security-risk of being discovered is decreased Anonymity-can hide behind a screen name

13. Cyber Crime Gambling – Is illegal, or states regulate it – Gambling sites are usually located offshore/out of country in which no one has jurisdiction/authority over it – 2006 Congress passed a law not allowing credit card transactions to these sites

14. Cyber Crime Cyber forensics-application of compter technology to finding and utilizing evidence of cyber crimes Digital evidence-information or data of value in a criminal investigation that is either stored or transmitted by electronic means Physical geography does not exist in cyberspace which causes problems of jurisdictional responsibility

15. Cyber Crime Many LEA’s have created cyber crime units solely responsible for investigating cyber crimes Online security systems developed in private sector is a billion dollar industry Encryption-process of which message is transmitted into a form or code that only the sender and receiver intend not to be understandable by a third party

16. White Collar Crime Any acts of lying, cheating, stealing Usually involves – Deception – Abuse of trust – Concealment and conspiracy Usually does not target an individual but a large group (society/environment)

17. White Collar Crime Corporate Violence-physical harm to individuals or the environment that occurs as the result of corporate policies or decision making – Company deliberately selling faulty heart defibrillators to correct irregular heart beats causing death

18. White Collar Crime Most white collar crimes are covered by administrative laws/regulations – Regulation-governmental control of society through rules and laws that is generally carried out by administrative agencies EPA, FDA, OSHA – Compliance-state of operating in accordance with government standards – Racketeering-criminal action of being involved in an organized effort to engage in illegal business transactions Conviction of tobacco companies for misleading americans about possibility of addiction