Law 3220 1st Edition Lecture 7 Outline of Last Lecture I 2 Types of Crime II Crime Categories III When a crime happens IV Criminal Negligence V Evidence Outline of Current Lecture I II III IV Types of White Collar Crimes Federal Sentencing Guidelines Tort Negligence and Damages Current Lecture Prosecutor solicitor district attorney people who defend the government in a criminal case Double Jeopardy If guilty could go to jail prison be on probation pay a fine White collar crime Intentional financial crime Anti trust laws against monopolies price fixing Ex All gas stations agree to charge 5 a gallon Bankruptcy Fraud Lie about your assets so bank doesn t take them to sell off your debt or creditors pressuring bankrupt people Bribery Credit card fraud Computer and Internet fraud These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Economic Espionage breaking into someone s company and stealing secrets for economic advantage Environmental Crimes Data Fraud Bank fraud changing paperwork Government fraud Healthcare Fraud overbilling ordering multiple tests doctors referring Insider Trading Insurance Fraud Falsified claims etc Mail Fraud Money laundering take illegally obtained money from drugs prostitution etc and making it good money covering it up Federal regulations put in place to make it harder to do Banks help to keep track Telephone Telemarketing Fraud Security Fraud Australians worked in China at a mining resource company 4 employees arrested for taking bribes and stealing commercial secrets from the Chinese Chinese trials are private Australian prime minister complained about the lack of transparency men were convicted Moral when you re in another country you have to follow that country s laws Racketeering bribery corruption tax evasion etc Made RICO law incorporates all fraud very broad used against terrorists Internal Fraud fraud that occurs inside the company Rigging payroll falsified reimbursement expenses stealing from accounts Tax evasion not a crime not to pay your taxes is a crime not to file your taxes Two British men coming here had their laptops seized coming across the border Federal Sentencing Guidelines Give a factor for each conviction which allows the punishment to be concluded Advisory not mandatory Two guys had an extreme investment scheme one guy got a 45 year sentence one guy got a 10 year sentence appealed first guy hid money and put it in secret accounts second guy froze the money and cooperated therefore difference sentences Tort Civil wrong Civil law comes from common law Restitution In a civil case have to pay for the damages you caused compensation Can use civil and criminal law in conjunction to really punish someone Have intentional ex Punching someone tort and unintentional negligence tort Businesses are a target for lawsuits Negligence breach of a legal duty owed to another that causes harm Have to prove the following four things to sue for negligence 1 Duty 2 Breach of that duty 3 Proximate Cause 4 Damages Strict Liability doesn t matter if you meant or didn t mean to do something but because it happened you re liable How do businesses become involved in a tort case 1 Employees 2 Product 3 Another business Rule of tort get compensated ONLY for damages caused by the opposing party Civil laws vary from state to state Tort Standard How a reasonable person acts Punitive Damages More fines to a guilty person to deter their conduct Gross Negligence Careless reckless disregard of others Ex Distracted driving and hit someone International Perspective New Zealand common law system abandon court suing have a board that pays for injuries