1. Law for Business Mr. Bernstein Criminal Law and Procedures, pp 76-83 October 8, 2014

2. Law for Business Mr. Bernstein Crimes: Punishable Offences Against Society, Not Just the Victim Elements of a Crime Duty must exist Duty must be violated, through act or omission Criminal intent must exist Classification of Crimes Felonies – punishable by >1 year in prison or >$1,000 fine Misdemeanor – less serious 2

3. Law for Business Mr. Bernstein Criminal Conduct can be against: A person Property The government Public Peace Realty Consumers Decency 3

4. Law for Business Mr. Bernstein Business-Related Crimes – Non-violent, not physically destructive Antitrust laws (Anti-competitive behavior) Evading TaxesFalse Pretenses (Fraud) CorruptionEmbezzlement LarcenyReceiving Stolen Property ForgeryBribery Computer CrimeExtortion ConspiracyVicarious Liability 4

5. Law for Business Mr. Bernstein In the USA: Constitutional right to be represented by an attorney Accused must be guilty beyond a reasonable doubt In many European countries: The accused is NOT presumed innocent until proven guilty Victims and their families can be investigated Judges can exam and cross-examine witnesses There is no “Taking the 5 th ” (protection against self- incrimination) Testimony based on hearsay and opinion is allowed 5

6. Law for Business Mr. Bernstein Defenses to Criminal Charges State bears burden of proving guilt beyond a reasonable doubt Procedural defenses Substantive defenses Self-defense Insanity Immunity Plea Bargaining 6

7. Law for Business Mr. Bernstein Sound advice to all citizens Study business law enough to identify activities considered criminal (…which can vary by state…) Never intentionally do something criminal Never misrepresent a fact in a business deal Never threaten others with an illegal act If arrested, immediately contact an attorney Know your rights and don’t be afraid to use them 7