BCOR 320 1nd Edition Lecture 15Crimes that harm businesses:Larceny -- The trespasser taking personal property with the intent to steal it.Fraud -- Deception for the purpose of taking money or property from someone.- Includes bank fraud, wire and mail fraud, insurance fraud, Medicare fraud.Arson – malicious use of fire or explosives to destroy property.Embezzlement -- Fraudulent conversion of someone else’s property already in the defendant’s possession. Wire Fraud and Mail Fraud - Wire and mail fraud are additional federal crimes involving the use of interstate mail, telegram, telephone, radio, or television to obtain property by deceit.Theft of Honest Services - The theft of honest services statute prohibits public and private employees from taking bribes or kickback.Crimes committed by businesses:1. If someone commits a crime within the scope of his employment and to benefit the corporation, the company is liable. 2. Punishment- Fines are most common punishments—appropriate since this hurts the profit.3. Compliance programs—if a company has a valid, functioning plan to prevent and detect criminal behavior, the judge must reduce the penalty of a crime of an employee.4. Racketeer Influenced and Corrupt Organization Act- Creates both civil and criminal law liabilities.- Is aimed at organized crime -- those involved with a series of illegal acts.5. Money Laundering -- using the profits of criminal acts to promote more crime or concealing an illegal source of money.- Commonly associated with the illegal drug trade.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.Federal Sentencing Guidelines• In 1984 Congress passed the Sentencing Reform Act which created the U.S. Sentencing Commission to standardize sentences for federal crimes– Guidelines became effective in 1987– Guidelines established range of penalties for each federal crime and thereby established mandatory sentences from which judges could notdeviate.• 2005 the U.S. Supreme Court (U.S. v. Booker) held certain provisions of guidelines were unconstitutional permitting judges to depart from the mandatory sentence if it is reasonable to do so. • In 2009 U.S. Supreme Court considered Guidelines again (Nelson v. U.S.)holding that a federal sentencing judge cannot presume a sentence within Guidelines is reasonable and must consider certain factors.• When a business is the defendant these factors include:– Company’s history of past violations– Management’s cooperation with the federal investigation– The extent to which the business has undertaken specific programs and procedures to prevent criminal activities by its employees.RICO—Racketeer Influenced and Corrupt Organization ActRico prohibits using two or more racketeering acts to accomplish certain goals. Racketeering Acts:- Include embezzlement, arson, mail fraud, and wire fraud- To violate RICO, there must be two or more of these actsGoals that violate RICO:- Using criminal money to invest in or acquire a business- Maintain a business using criminal activity- Operate a business using criminal
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