1. Prentice Hall © 20051 PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 4E, by Henry R. Cheeseman Chapter 7 Business Crimes and Criminal Law

2. Prentice Hall © 20052 What Is a Crime? A crime is a violation of a statute for which the government imposes a punishment

3. Prentice Hall © 20053 Parties to a Criminal Action Plaintiff In a criminal lawsuit, the government (not a private party) is the plaintiff Defendant The accused is the defendant

4. Prentice Hall © 20054 Classification of Crimes Felonies Misdemeanors Violations

5. Prentice Hall © 20055 Essential Elements of a Crime Criminal act Defendant must have actually performed the prohibited act Actual performance is called actus reus (guilty act) Criminal intent Defendant must be found to have possessed the requisite state of mind when the act was performed The state of mind is called mens rea (evil intent) Strict liability (liability without fault) Some states impose criminal liability without a finding of mens rea (intent)

6. Prentice Hall © 20056 Stages of Pretrial Criminal Procedure Arrest Indictment or information Arraignment Plea bargaining

7. Prentice Hall © 20057 Criminal Trial All jurors must unanimously agree before the accused is found guilty of a crime If even one juror disagrees, the accused is not guilty If all jurors agree the accused did not commit the crime, the accused is innocent

8. Prentice Hall © 20058 Crimes Affecting Business Robbery Burglary Larceny Theft Receiving stolen property Arson Forgery Extortion Credit card crimes Bad checks

9. Prentice Hall © 20059 White-Collar Crimes Embezzlement Criminal fraud Mail fraud Wire fraud Bribery Racketeer Influenced and Corrupt Organizations Act (RICO)

10. Prentice Hall © 200510 Inchoate Crimes Inchoate crimes include incomplete crimes and crimes committed by nonparticipants Examples include Criminal conspiracy Attempt to commit a crime Aiding and abetting the commission of a crime

11. Prentice Hall © 200511 Computer Crimes Federal and state governments have enacted laws that address computer crimes Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 Electronic Funds Transfer Act

12. Prentice Hall © 200512 Constitutional Safeguards

13. Prentice Hall © 200513 Federal Antiterrorism Act of 2001 Is a response to the terrorist attacks on the World Trade Center in New York on September 11, 2001 Assists the government in detecting and preventing terrorist activities and investigating and prosecuting terrorists Features include a special intelligence court, a national search warrant, roving wiretaps, sharing of information, detention of non- citizens, bio-terrorism provisions, and anti- money laundering provisions