978-1305575080 Chapter 7 Solution Manual Part 2

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C. Money laundering

1. Money Laundering Control Act

2. Financial transactions to conceal source of funds

3. USA Patriot Act (2001) imposed more restrictions and greater penalties for money laundering

4. Bank Secrecy Act – coordinates with Money Laundering Control Act to be sure large deposits and

movement of funds is covered

D. Racketeering

1. RICO – Racketeer Influenced & Corrupt Organizations Act

2. Criminal liability for pattern of racketeering

E. Bribery

1. Giving property to a person to influence that person’s judgment

F. Commercial bribery – paying to obtain business

G. Extortion and blackmail

1. Extortion – illegal demand by a public officer; obtaining anything of value by threat

H. Corrupt influence

1. Improper political influence – holding an interest in an enterprise seeking favor

3. Foreign Corrupt Practices Act

b. Grease or facilitation payments are permitted

i. Can pay to secure a permit or license

I. Counterfeiting

1. Making, with fraudulent intent, a document or coin that appears to be genuine, but is not

J. Forgery

1. Fraudulently making or altering an instrument of commercial paper

K. Perjury

1. Knowingly giving false testimony under oath

L. False claims and pretenses

1. False claims: making a claim for payment – e.g., false claim file with an insurance company

2. Obtaining goods by false pretenses

a. Getting goods with bad check or fraudulent credit card

3. Unauthorized use of an ATM

M. Bad checks

1. Knowledge of insufficient funds with intent to defraud

N. Credit card crimes

1. Theft or unauthorized use

O. Embezzlement – conversion of another’s property by a person to whom it has been entrusted

P. Obstruction of justice – Sarbanes-Oxley

1. Increases penalty for destroying documents and evidence, i.e., obstruction of justice

Q. Corporate fraud – Sarbanes-Oxley

1. Creates new form of mail and wire fraud

DISCUSSION POINTS: Sports & Entertainment Law

Cycling Through Federal Funds

Discuss with the students the false claims act and the fact that Mr. Armstrong had certified that he was in compliance

with the rules of cycling all throughout USPS sponsorship. He was receiving money under false pretenses. The

federal government is unforgiving when it has paid believing the recipient to be honest – hence the treble damages.

Mr. Armstrong’s defense in the case is that the federal government had to know, but just did not want to investigate.

However, the judge has ruled that the case could proceed because of Mr. Armstrong’s signature on the agreement

regarding following the rules.

R. The common law crimes

1. Larceny

a. Taking personal property of another with wrongful intent to deprive the owner of title

2. Robbery

a. Taking of personal property by force or fear

3. Burglary

a. Breaking and entering of dwelling of another with intent to commit a felony

4. Arson

a. Malicious burning

5. Riots and civil disorders

III. What are Computer Crimes?: Criminal Law and the Computer

A. What is a computer crime?

Crime committed using a computer or by a person with knowledge of a computer

B. Computer as victim

1. Theft of hardware

2. Theft of software

C. Unauthorized use of computers

1. Taking information

CASE BRIEF: New Jersey v. Riley

988 A.2d 1252 (N.J. 2009)

FACTS: Sergeant Kenneth Riley used videos of a fellow officer, not for training purposes, but for purposes

ISSUE: Did Riley’s access and use of computer data constitute the crime of unauthorized use of

computers?

REASONING: The court held that what Riley did was a violation of workplace policies but did not fit within the

D. Computer raiding

E. Diverted delivery by computer

1. Goods

DISCUSSION POINTS: E-Commerce & Cyberlaw

They Were Bullies: Mean Girls in Cyberspace

Discuss with the students how the law had to catch up with technology. Discuss the ethical issues in such conduct.

F. Economic espionage by computer

1. Economic Espionage Act (EEA) – federal law makes it a crime to copy, duplicate, sketch, draw,

2. Penalties of $500,000 and/or 15 years for individuals; $10 million for organizations

G. EFT crimes – unauthorized use or transfer

music

I. Spamming

1. New statutes are evolving

IV. Criminal Procedure for Business: What are the Steps and Rights of Those Charged With Crimes?

A. Fourth Amendment rights

1. Search warrants must be based on probable cause required for searches

4. Protections for privileges

CASE BRIEF: U.S. v. King

509 F.3d 1338 (11th Cir. 2007)

FACTS: In February 2003, while serving as a civilian contractor, Michael D. King resided in a dormitory at

the Prince Sultan Air Base in Saudi Arabia. During his stay in the dormitory, King kept his personal

laptop computer in his room and connected it to the base network. All users of the base network

signed agreements indicating that they understood their communications over and use of the base

network were subject to monitoring.

An enlisted airman was searching the base network for music files when he came across King’s

computer on the network. The airman was able to access King’s hard drive because it was a

ISSUE: Was there an illegal search and seizure of King’s dormitory and computer?

REASONING: The court held that there was no Fourth Amendment violation because the investigators did not

search King’s files or computer initially to discover the pornographic materials. They merely had to

access the universally accessible files of the military base. King had no expectation of privacy in

whatever was posted on the shared drive. The search of his home computer and files in his room

was with a warrant that was based on probable cause obtained from public access to the files.

B. Fifth Amendment rights

1. Need not be a witness against yourself

C. Due process

1. Criminal procedure safeguards

2. Right to know charges

ANSWERS TO QUESTIONS AND CASE PROBLEMS

1. Criminal culpability. No, ignorance of the law is not an excuse. Flinn is still liable. Before doing business, check

2. Crime v. civil action. No, the customers cannot bring a criminal action because enforcement of laws is the

responsibility of the state. Enforcement of rights under the laws can be done by individual citizens. If the citizens

3. Larceny. Yes. Although some people regard shoplifting as not serious, it comes within the definition of larceny. It

is a taking of personal property from the owner with the intent to deprive the owner of that property. Leaving the

store is often proof of intent; but, it is not the only proof. The use of the torch in this case shows intent. While

4. Responsibility of intoxicated person for criminal acts. No. Voluntary intoxication is not a defense to the

commission of a crime. There are some exceptions to this when the crime by its nature requires a specific intent,

5. Fraud; criminal intent. Yes, the good doctor committed the crimes of fraud and mail fraud. He knew that he had

not performed the services, yet he billed for them anyway. The Medicare claim forms expressly required the

6. Fraud; criminal intent. No, they are not correct. Convictions for conspiracy to defraud the Food and Drug

Administration (FDA) were sustained by evidence that defendant and coconspirator, knowing their marketing

scheme contravened the law, repeatedly instructed persons to whom they sent unauthorized literature touting

That defendant be legally responsible party was not required element of offense of causing unapproved medical

devices and drugs to be introduced into interstate commerce when defendant’s own conduct of causing

7. Criminal responsibility; corporate crime. Responsible-corporate-officer doctrine applied to impose misdemeanor

criminal liability on president of corporate general contractor for the corporation’s violation of state building code

8. Money laundering. Durham should be concerned that his gallery and auctions are being used to launder money.

9. Intent element of larceny. No. An intent to permanently deprive the owner of the owner’s property is essential to

the crime of larceny. This intent was apparently lacking, as Jennings had always made payment of the proper

10. Money laundering. The banks could be held liable if they were not following a money-laundering prevention

program. Banks have to have programs that track such large transfers of cash in order to prevent the problems.

11. Actus reus. The court held that the revocation of the license was not justified because the toddler could not have

the requisite mental intent to violate the gambling laws. Further, the actual act itself by the toddler was not a

12. RICO. No, proof of a tie-in to organized crime is not required, on-going crime of fraud is sufficient. [Banderas v.

13. RICO. The shares of stock were not the instrumentality of a crime, but may have been property used in the

14. Criminal Culpability. The jury returned a verdict of guilty against both Ms. Erickson and Mr. Mitchell on all three

counts. The two appealed. The court affirmed the decision. There are three requirements for conviction of

obstruction of justice: (1) There must be a pending judicial proceeding; (2) the defendant must have knowledge

LAWFLIX

Double Jeopardy (2000) (R)

Have the students discuss whether Ashley Judd is indeed correct in saying she cannot be retried for the murder of

Columbo (1st – 6th Seasons) (NR)

Detective Lieutenant Columbo is a brilliant sleuth, but there are portions in episodes that find him lax on Fourth and

Firewall (2006) (PG-13)

Harrison Ford plays a banker whose life and family are taken over by high-tech thieves who have tapped into his

management system for classroom use.