Criminal Law

Quiz

• Closed book/closed notes

• Phones & computers put away

• You may collaborate with your team

• You are responsible for the answers on

your quiz

• You do not have to choose the same

answers as your team

Civil vs. Criminal Law

Civil Criminal

Offense Against

Individual State (“Against the peace and

dignity of the state of Alabama”)

Who brings suit

Victim (“Plaintiff”) District Attorney, Attorney General,

or US Attorney (“State” or “US”)

Burden of Proof

“Preponderance of

the Evidence”

(More likely than not)

“Beyond a reasonable doubt”

(As certain as possible)

Remedy Compensation Punishment

Criminal liability

Criminal act (actus reus)

Criminal intent (mens rea)

purpose

knowledge

recklessness

negligence

strict liability

Concurrence of act & intent

Vicarious

Liability

• US v. Park (1975)

Types of

crimes

• Violent:

– robbery

– rape

– murder

– assault

Types of crimes, cont’d • Property:

– larceny

– burglary

– arson

– receiving stolen property

– forgery

– obtaining goods through false pretenses

White-collar crime

• Embezzlement:

– Person entrusted with another’s property

– Fraudulent appropriation

cc licensed ( BY NC SD )

flickr photo by xiaming:

http://flic.kr/p/LkRKE

Mail/wire fraud

• Mailing a writing

• For executing a scheme to defraud

• Organizing a scheme to defraud

cc licensed ( BY NC ) flickr photo by Darwin Bell: http://flic.kr/p/4bnpSn

Mail/wire fraud

• U.S. v Multivend, LLC, et al.

• Alleged scam involving vending

machine franchises

• 10 defendants, including sales staff

& technical support

• conspiracy to commit mail/wire

fraud; enhanced penalty for

telemarketing: up to 10 years

cc licensed ( BY NC ) flickr photo by Darwin Bell: http://flic.kr/p/4bnpSn

• Crime = offering

– Public officials

– Commercial bribery

– Foreign officials

Bankruptcy fraud

• False claims

• Fraudulent transfer

• Fraudulent concealment

Insider trading • Non-public financial information

• Personal gain

Theft of Trade Secrets • Economic Espionage Act of 1996

Money Laundering

Smurfing

cc licensed ( BY ND ) flickr photo by Asrar Makrani: http://flic.kr/p/a6tYWT

Photo credits • Crime scene: http://www.flickr.com/photos/heikol/

• Banksy Rat: http://www.flickr.com/photos/denial_land/

• Violent crime: http://flickr.com/photos/doctorow/

• Property crime: http://flickr.com/photos/jaumedurgell/

• Mail slot: http://flickr.com/photos/darwinbell/

• Bribery & Bankruptcy: http://flickr.com/photos/dokas/

• Wall Street: http://flickr.com/photos/23148104@N07/

• Coke v Pepsi: http://www.usageorge.com/

• Money laundering: http://flickr.com/photos/eleda/