-
administrative agency
- administrating and implementing legislation, members are appointed
- adopt regulations to fill in gap left by Congress, interpret or clarify the law
-
administrative law
law governing those agencies
-
public access to activity of agencies
- open records
- open meetings (sunshine act of 1976)
- public announcement of agency guidelines
-
Regulatory Flexibility act
- all proposed rules by published in the trade
- journals of those trades that will be affected
-
Federal
Register Act
- propose
- regulations that must be published and accessible to public
-
Aerial inspection
things in plain view
-
search warrant not required when subject matter
can be seen from a public place
-
what are the punishments of the agency?
- penalties
- cease and desist order: stop a practice that it decides is improper
-
-
no right or trial by jury before an agency.
- Agency may b authorized to make an initial determination without holding a
- hearing (versus hearing before making a decision in the judicial court). When
- administrative action involves only individuals rather than classes of persons,
- agency must have some sort of hearing before its decision.
-
crimes related to production, competition, and marketing
- improper use of interstate commerce
- securities crime: to protect investing public
-
misdemeanors and felonies
misdemeanors are less than one year in prison; more serious crimes are called felonies
-
criminal liability
- mental state
- act or omission: writing a check which you know has no funds in it
-
White Collar Crime Penalty Enhancement Act of
2002
increases penalties substantially
-
person acquitted is not entitled to compensation
-
acquittal means
gov’t was not able to prove guilt beyond a reasonable guilt.
-
white collar crimes
business crimes without physical threats or acts
-
conspiracies
agreement between two or more parties to commit an unlawful act or use unlawful means to achievean otherwise lawful result
-
reforming penalties for crimes
federal sentencing guidelines: permit judge to put company on probation based on whether company had prevention programs in place
-
Money Laundering
Control act
-
Prohibits the
- knowing and willful participation in any type of financial transaction
- involving unlawful proceeds when the transaction is designed to conceal or
- disguise the source of the funds
-
extortion
officer makes an illegal demand
-
blackmail
making demands that would be extortion if made by public official and includes matters that would damage the victim's personal or business reputation
-
Foreign Corrupt
Practices Act
- Antibribery and
- anticorruption statute covering these U.S companies’ international operations
-
grease payments
- legal payments to speed up or ensure performance
- of normal gov’t duties
-
Forgery
- the crime of issuing or delivering a forged
- instrument to another person
-
perjury
- knowingly giving false testimony in a judicial
- proceeding after having been sworn or having affirmed to tell the truth
-
Embezzlement
- offense consisting of the unlawful conversion of
- property entrusted to the wrongdoer
-
Corporate Fraud
- Sarbanes-Oxley
-
- If corporate
- officer fails to comply with all the requirements for financial statement certification
- or certifies financial statements that contain false info, the officer and
- company have committed corporate fraud
-
-
use of force or threat of force or cause
injury to persons or damage to property
-
larceny
- wrongful or fraudulent taking and carrying away
- of the personal property of another by any person with a fraudulent intent to
- deprive owner of such property
-
robbery
- taking of personal property from the presence of
- the victim by use of force or fear (when the person does not knw the property
- is being taken, the offence is larceny
-
-
breaking and entering during the night into the
dwelling house of another with intent to commit a felony
-
arson
- willful and malicious burning of another’s
- dwelling
- arson is a felony, so if someone is killed in
- the resulting fire, the offense is murder under the felony-murder rule
-
-
assembling and engaging in civil disorders is
- generally form of crime in itself under common law concepts of disturbing the
- peace
-
computer crime
- refer to a crime that can be committed only by a
- person having some knowledge of the operation of a computer
- need to adopt statutes, only that conduct covered by the statue can be
- punished as the crime
|
|