Legal Studies 1101 Notes March 13 2014 I Criminal Trespass review from last class is when someone goes onto someone else s land without permission II Theft related offenses a Larceny i Definition Taking and carrying away of the property of another without consent an with the intent of depriving other of goods permanently ii Breaking down the definition 1 Possession vs Ownership 2 Permanently deprive a Is it Larceny is you lease a car for three years but then take it back in the middle of the night and lease it to someone else Yes the original leaser has possession even though they don t own the car a If an owner of a car leaves his keys in the car and you decide to take it around the block without permission but when you get back to the owners house the cops are there will you be charged with larceny No you did not have the intent to deprive the owner of the goods permanently It is a criminal offense but you might be charged with unauthorized use of a vehicle or joyriding b Would it be larceny if instead of bringing the car back to the driveway because you see the police you drive the car into water and park it there Yes it would be larceny You have now deprived the owner of his goods permanently iii iv Case Is it theft if a mechanic puts new brakes on the car but you then take the car from the mechanic without paying for the service Yes Case Is it theft if a group a thieves steals a truck from another group of thieves Is it larceny Yes and yes b Retail Theft Shoplifting c Embezzlement i Consequences will depend on the value of what is stolen i Occurs when someone takes property entrusted to him her with the intent to deprive the owner of the property ii This person has been lawfully entrusted with the property as opposed to taking something that doesn t belong to them as is the case with theft d Robbery i Different from theft as robbery involved force simply theft force or theft the threat of force ii Pickpocketing usually considered theft unless force or threat of force is used e Electronic Fencing i Occurs when a person uses the internet to sell stolen goods i Having your identity stolen for the purpose of the thief assuming f Identity Theft your identity ii Usually identities are stolen for financial purposes iii It is a federal crime under the Identity Theft and Assumption Deterrence Act From most common to least common types of identity theft Credit Card fraud Communication services bank fraud fraudulent loans iv g Receiving stolen property i Is it a crime to buy an expensive watch on the street corner Yes using sense you can come to the conclusion that someone selling a very expensive watch for a very low price is probably trying to sell you a stolen good It is a crime to buy or receive stolen goods knowing that they are stolen h Conspiracy ii i The agreement between two or more people to commit a crime or to do an unlawful act in an unlawful manner iii ii The government can file charges against any person who participates in the planning or commission of a crime and is able to hold each person liable for each others actions Can a husband and wife be charged with conspiracy or are they considered one person due to a special relationship A husband and wife can be charged with conspiracy special relationship does not apply iv The agreement 1 There must be an agreement before an arrest can happen 2 The law requires that a person performs an overt act over an agreement v The penalty for conspiracy is double the penalty for the crime committed ex You receive 20 years for robbery you will then receive an additional 20 years for conspiracy a A crime committed in a business environment includes medicare fraud health care fraud tax evasion embezzlement b Payola or a Kickback i Bribery the act of offering something of value to another with the intent of influencing that person s opinion or to have something done in return by that entity c Money Laundering i Hiding money ii The Money Laundering Control act exists in order to file charges against the third party person who is filtering money obtained by illegal means through a business enterprise III White Collar Crime iii A person charged with money laundering does not have to be the person committing the crime that makes the illegal money just the person who is operating the business enterprise through which the money is flowing through d Insider Trading i When a cooperate insider has knowledge of something that is going to happen in a company that has not yet been made public and uses this information to buy or sell stocks in the company Citation Hodge Jr Samuel D Law for the Business Enterprise 2nd Edition McGraw Hill 2011 Print