intro to law outlines

• administrating and implementing legislation, members are appointed
• adopt regulations to fill in gap left by Congress, interpret or clarify the law

law governing those agencies

• open records
• open meetings (sunshine act of 1976)
• public announcement of agency guidelines

• all proposed rules by published in the trade
• journals of those trades that will be affected

• propose
• regulations that must be published and accessible to public

things in plain view

can be seen from a public place

• penalties
• cease and desist order: stop a practice that it decides is improper

• 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.

• improper use of interstate commerce
• securities crime: to protect investing public

misdemeanors are less than one year in prison; more serious crimes are called felonies

• mental state
• act or omission: writing a check which you know has no funds in it

increases penalties substantially

gov’t was not able to prove guilt beyond a reasonable guilt.

business crimes without physical threats or acts

agreement between two or more parties to commit an unlawful act or use unlawful means to achievean otherwise lawful result

federal sentencing guidelines: permit judge to put company on probation based on whether company had prevention programs in place

• 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

officer makes an illegal demand

making demands that would be extortion if made by public official and includes matters that would damage the victim's personal or business reputation

• Antibribery and
• anticorruption statute covering these U.S companies’ international operations

• legal payments to speed up or ensure performance
• of normal gov’t duties

• the crime of issuing or delivering a forged
• instrument to another person

• knowingly giving false testimony in a judicial
• proceeding after having been sworn or having affirmed to tell the truth

• offense consisting of the unlawful conversion of
• property entrusted to the wrongdoer

• 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

injury to persons or damage to property

• 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

• 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

dwelling house of another with intent to commit a felony

• 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

• generally form of crime in itself under common law concepts of disturbing the
• peace

• 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