1. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 1 David P. Twomey - Boston College Marianne M. Jennings - Arizona State University David P. Twomey - Boston College Marianne M. Jennings - Arizona State University © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

2. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2 Chapter 8 Crimes Crimes

3. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 3 A.General Principles 1.Nature and Classification of Crimes 2.Basis of Criminal Liability 3.Responsibility for Criminal Acts 4.Indemnification of Crime Victims

4. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 4 A. General Principles [LO.1 – LO.4] 1.Nature and Classification of Crimes: –Crime is conduct that is prohibited and punished by a government. –Classified as common law or statutory law. –A misdemeanor is punishable by a fine or less than a year in prison. –Felonies are crimes that are punishable by imprisonment or death and include serious business crimes.

5. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 5 A. General Principles (A) (A) Mental State The defendant does not have to know that the act is criminal; it is sufficient that the act was done voluntarily. (B) Act or Omission An act or omission of a required act must actually take place. For example, writing a bad check or failing to file your income tax is a crime. B. Basis of Criminal Liability: Harm Harm may occur, but it is not an essential element for an act to be classified as a crime.

6. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 6 A. General Principles 3.Responsibility for Criminal Acts: (A)Corporate Liability. – Corporations are responsible for the acts of their employees and their failure to act. –  U.S. v. Erickson: Obstruction of justice requires a pending judicial proceeding of which the defendant has notice and acts of corruption with the specific intent to obstruct justice. The general manager acted corruptly to protect her job and the owner acted to protect his company’s contracts.

7. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 7 A. General Principles 3.Responsibility for Criminal Acts: (B)Officers and Agents of Corporations. – Managers may be held responsible for the criminal acts of their employees if they authorized the conduct or knew of it and failed to act reasonably to prevent it. –  United States v. Park: Corporate officers can be held criminally liable for the conduct of others if they fail to take steps to eliminate the criminal activity.

8. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 8 A. General Principles 3. Responsibility for Criminal Acts: (C)Federal Law Targeting Officer and Director Criminal Responsibility. – Penalties and jail terms have been increased but there must be proof of fraud. (D)Penalty for Crimes: Forfeiture. (E)Penalties for Business and White-Collar Crimes. – Continual processes of developing penalties for corporations and white-collar crimes to serve as a deterrent and lead to business culture changes.

9. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 9 A. General Principles 3.Responsibility for Criminal Acts: (E)(1)Computing New Penalties for Corporations. –Can be a percentage of net income. (E)(2) Corporation Integrity Agreements. – Used to put companies on probation. (E)(3) Federal Sentencing Guidelines. –Mandatory prison sentences for officers and directors who commit crimes while leading their corporations. (E)(4) Mandatory Sentences for Officers of Corporations Who Mastermind Crimes.

10. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 10 A. General Principles 3. Responsibility for Criminal Acts: (E)(5) Sarbanes-Oxley Reforms to Criminal Penalties. –White-Collar Crime Penalty Enhancement Act of 2002 increased fines and jail time and executives must reimburse illegal earnings. (E)(6) Creative Penalties for White-Collar Crime. 4.Indemnification of Crime Victims: – Penalties are paid to the government who may use fines to assist victims. – Defendants may be ordered to pay restitution.

11. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 11 B.White-Collar Crimes 5.Conspiracies 6.Crimes Related to Production, Competition, and Marketing 7.Money Laundering 8.Racketeering

12. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 12 B. White-Collar Crimes 9. Bribery 10. Commercial Bribery 11. Extortion And Blackmail 12. Corrupt Influence 13. Counterfeiting

13. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 13 B. White-Collar Crimes 14.Forgery 15. Perjury 16. False Claims and Pretenses 17. Bad Checks 18. Credit Card Crimes

14. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 14 B.White-Collar Crimes 19. Embezzlement 20. Obstruction of Justice: Sarbanes- Oxley (SOX) 21. Corporate Fraud: SOX 22. The Common Law Crimes

15. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 15 B. White-Collar Crimes [LO.5 – LO.6] White-collar crime is generally business crime. 5.Conspiracies: –Agreements between two or more people to commit an unlawful act or acts. 6.Crimes Related to Production, Competition, and Marketing: (A) Improper Use of Interstate Commerce. (B) Securities Crimes.

16. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 16 B. White-Collar Crimes 7. Money Laundering: –Money Laundering Control Act prohibits knowingly participating in a transaction designed to conceal or disguise the source of funds. –Patriot Act & Bank Secrecy Act made substantial changes and amendments designed to curb the funding of terrorist activities in the United States. –Patriot Act expanded coverage from banks and financial institutions to include all financial transactions and additional types of accounts.

17. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 17 B. White-Collar Crimes 8.Racketeering: – The Racketeer Influenced and Corrupt Organizations (RICO) Act was designed to prevent those involved in organized crime from investing racketeering funds in legitimate businesses. (A) Criminal and Civil Applications. Convictions may result in a $25,000 fine & up to 20 years in prison as well as forfeiture of property. (B) Expanding Usage. Civil RICO actions have been successful against business entities.

18. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 18 B. White-Collar Crimes 9.Bribery. 10.Commercial Bribery. 11.Extortion and Blackmail: (A)Extortion: Public officer making an illegal demand. (B)Blackmail: Extortion demands made by a nonofficial.

19. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 19 B. White-Collar Crimes 12.Corrupt Influence: (A)Improper Political Influence. (B)Foreign Corrupt Practices Act. –Antibribery and anticorruption statute covering international operations. –Doesn’t prohibit grease or facilitation payments. 13. Counterfeiting.

20. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 20 B. White-Collar Crimes 14.Forgery: –Forgery consists of signing another’s name with intent to defraud, making an entire instrument or altering an existing one. –Issuing or delivery of a forged instrument is the crime of uttering a forged instrument. 15.Perjury: –Penalties increased substantially under SOX.

21. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 21 B. White-Collar Crimes 16.False Claims and Pretenses: (A)False Claims. (B)Obtaining Goods by False Pretenses. (C)Unauthorized Use of Automated Teller. (D)False Information Submitted to Banks. 17.Bad Checks. 18.Credit Card Crimes.

22. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 22 B. White-Collar Crimes 19. Embezzlement. 20.Obstruction of Justice: Sarbanes-Oxley (SOX): –Felony for anyone “to alter, destroy, mutilate, conceal, cover up, falsify or make a false entry with the “intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States.”

23. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 23 B. White-Collar Crimes 21. Corporate Fraud: SOX: –SOX created a new form of mail and wire fraud based on new requirements of corporate officers to certify their financial statements when issued. 22.The Common Law Crimes: (A)Larceny. (B) Robbery. (C)Burglary. (D) Arson. (E)Riots and Civil Disorders.

24. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 24 C.Criminal Law and the Computer 23. What is a Computer Crime? 24. The Computer as Victim 25. Unauthorized Use of Computers 26. Computer Raiding 27. Diverted Delivery by Computer

25. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 25 C.Criminal Law and the Computer 28. Economic Espionage by Computer 29. Electronic Fund Transfer Crimes 30. Circumventing Copyright Protection Devices via Computer 31. Spamming

26. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 26 C. Criminal Law and the Computer [LO.7] 23. What is a Computer Crime? –A computer crime is committed only by a person having knowledge or use of a computer. –Computer crimes can be committed against the computer, using the computer or through the computer. 24. The Computer as Victim: (A)Theft of Hardware. (B)Theft of Software. (C)Intentional Damage.

27. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 27 C. Criminal Law and the Computer 25. Unauthorized Use of Computers. 26. Computer Raiding. 27. Diverted Delivery by Computer. 28. Economic Espionage by Computer. –Economic Espionage Act: Felony to steal, appropriate, or take, copy, duplicate, sketch, draw, photograph, download, upload, alter, destroy, replicate, transmit, deliver, send, mail, or communicate a trade secret.

28. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 28 C. Criminal Law and the Computer 29. Electronic Funds Transfer Crimes. 30.Circumventing Copyright Protection Devices via Computer: –Federal offense to circumvent encryption devices that prevent unauthorized copying of copyrighted material. 31.Spamming.

29. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 29 D. Criminal Procedure Rights For Businesses 32. Fourth Amendment Rights for Businesses 33. Fifth Amendment self-Incrimination Rights For Businesses 34. Due Process Rights for Businesses

30. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 30 32.Fourth Amendment Rights for Businesses: (A)Search and Seizure: Warrants. The Fourth Amendment protects against unreasonable searches. Search warrants must be obtained.  Georigia v. Randolph: When a man objects to the search of his home, his spouse cannot over rule the decision. Betrayal by a spouse or other person does not affect the consent exception to the Fourth Amendment’s right to privacy. D. Criminal Procedure Rights for Businesses [LO.8]

31. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 31 32.Fourth Amendment Rights for Businesses: (B)Exceptions to Warrant Requirement. Emergencies and “plain-view” which allows officials to take property anyone can see.  Dow Chemical Co. v. United States: EPA did not need explicit statutory provisions to use methods of observation commonly available to the public. (C) Business Records and Searches. (D)Protections for Privileged Records and Documents. D. Criminal Procedure Rights for Businesses

32. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 32 33.Fifth Amendment Self-Incrimination Rights for Businesses: (A)Self-Incrimination. The Fifth Amendment protects against self-incrimination. Applies to individuals only, NOT corporations. (B)Miranda Rights.  Dickerson v. U.S.: Dickerson confessed to a robbery when he was not in custody or even a suspect. US Supreme Court held his confession could not be used because he was not given his warnings. D. Criminal Procedure Rights for Businesses

33. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey-Jennings, Anderson’s Business Law and the Legal Environment, 21 st Ed. Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22 nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 33 34. Due Process Rights for Businesses. –Due Process is the right to be heard, question witnesses, and present evidence before any criminal conviction. –Sixth Amendment guarantees that the entire process will be completed in a timely fashion because this amendment guarantees a speedy trial. D. Criminal Procedure Rights for Businesses