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Crimes & Torts
Question | Answer |
---|---|
Crime | Violation of the law that is punished as an offense against the state or government. |
Misdemeanor | Criminal offense with a sentence of less than one year that is neither treason nor a felony. |
Felony | Criminal offense that is punishable by confinement in prison for more than one year or by death, or that is expressly stated by statute to be a felony. |
Federal Sentencing Guidelines | Federal standards used by judges in determining mandatory sentence terms for those convicted of federal crimes. |
White-Collar Crime Penalty Enhancement Act of 2002 | Federal reforms passed as a result of the collapses of companies such as Enron; provides for longer sentences and higher fines for both executives and companies. |
White-Collar Crimes | Crimes that do not use nor threaten to use force or violence or do not cause injury to persons or property. |
Conspiracy | Agreement between two or more persons to commit and unlawful act. |
Racketeer Influenced and Corrupt Organizations (RICO) Act | Federal law, initially targeting organized crime that has expanded in scope and provides penalties and civil recovery for multiple criminal offenses, or a pattern of racketeering. |
Predicate Act | Qualifying underlying offense for RICO liability. |
Bribery | Is the act of giving money, property, or any benefit to a particular person to influence that person's judgement in favor of the giver. |
Extortion | Illegal demand by a public officer acting with apparent authority. |
Blackmail | Extortion demands made by a nonpublic official. |
Foreign Corrupt Practices Act (FCPA) | Federal law that makes it a felony to influence decision makers in other countries for the purpose of obtaining business, such as contracts for sales and services; also imposes financial reporting requirements on certain US corporations. |
Forgery | Fraudulently making or altering an instrument that apparently creates or alters a legal liability of another. |
Uttering | Crime of issuing or delivering a forged instrument to another person. |
Perjury | Consists of knowingly giving false testimony in a judicial proceeding after having been sworn to tell the truth. |
Embezzlement | Statutory offense consisting of the unlawful conversion of property entrusted to the wrongdoer. |
Computer Crime | Is used to refer to a crime that can be committed only by a person having some knowledge of the operation of a computer. |
Economic Espionage Act (EFA) | Federal law that makes it a felony to copy, download, transmit, or in any way transfer proprietary files, documents, and information from a computer to an unauthorized person. |
Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act | Allows private companies to bring suit against spammers for their unauthorized use of internet service providers. |
Fourth Amendment | Privacy protection in the US Constitution; prohibits unauthorized searches and seizures. |
Search Warrant | Judicial authorization for a search of property where there is the expectation of privacy. |
Fifth Amendment | Constitutional protection against self-incrimination; also guarantees due process. |
Miranda Warnings | warnings required to prevent self-incrimination in a criminal matter |
Due Process | The constitutional right to be heard, question witnesses and present evidence. |
Sixth Amendment | The US Constitutional amendment that guarantees a speedy trial. |
Counterfeiting | Is making, with fraudulent intent, a document or coin that appears to be genuine but is not because the person making it did not have the authority to make it. |