Chinedu Okonkwo vs Jessica Tripp LEGL 2700 EXAM 3 Review

Mental state of the offender at the time of the crime (did they have a guilty mind)

Mens Rea

Refers to the act, was there a guilty act; they must have committed the crime voluntarily and must be conscious

Actus Rea

Skidmore vs Led Zeppelin, Skidmore claimed that Led Zeppelin copied a part of his song, Is the song substainailly similiar?

In this case, the part of the song was so common that it was ruled against Skidmore.

Intention to do the act that constitutes the crime

General Intent

Intention to achieve the harmful result

Specific Intent

Commenced by a Grand Jury Indictment

Felony

   Commenced when the government files a charge called an information

Misdemeanor

A written accusation by the prosecutor presented in court charging an accused person with a crime

An Information

Fine or imprisonment less than 1 year

Misdemeanor

Fine or Imprisonment 1 year or more

Felony

  Stands for no contest

  Allows for sentencing as if there had been a been a guilty plea,  Allows you to avoid the cost of trial

Nolo Centendere

Any illegal offense that occurs in a business or professional setting that is committed to harm the business or for personal gains

White Collar Crime

Defendant knew the statement was false or was recklessly indifferent regarding its truth

Fraud

Key Difference between civil vs criminal fraud?

In civil fraud it's related to contracts and torts. An example is a person buying a ring that was fake from a lady who said it was real but couldn't sue since he didn't rely on what she said. In criminal fraud, even if the person didn't rely on what the other person said, the other person can still be held guilty for that.

Plan designed to take from a person the tangible right of honest services

Scheme to defraud

 A person intentionally creates or reinforces an impression that is false

Theft by deception

Mail and Wire Fraud, Securities Fraud, Health Care Fraud, Counterfeiting, Bankruptcy Fraud are examples of what?

Theft by deception (Federal level)

Unlawful to use the U.S. Postal Service (or other any interstate carrier like FedEx or UPS) to defraud someone

Mail Fraud

Unlawful to use any electronic means of interstate communication (e.g., radio, tc, phone call, text message, fax, internet, email) to defraud someone

Wire Fraud

Making fake invoices and send them to your mail and act like you owe them money but you don’t is what?

Mail Fraud

Pretending to be the IRS and calling people saying they didn't pay their taxes and it'll be hard for them and people send money over is an example of what? (I do this sometimes)

Wire Fraud

What is a dfense to Wire/Mail Fraud

Good faith

Information on the wire fraud video we watched in class with AI

: A mother gets a phone call with a man who claims he's kidnapped her mother and demanded $1 million then $50,000. Her daughter wasn't kidnapped and begging for help. The man instead used AI to manipulate her voice. The mother called her daughter before paying the ransom money.

Rule 10b of the Securities and Exchange Commission and the Securities Exchange Act of 1934 make fraud in the purchase or sale of a security a federal crime

Securities Fraud

Billing for services not actually performed.

Health care Fraud

ABC Hospital charges $100 anytime a patient receives a needle through her veins (intravenous therapy/IVs) and charges $10,000 for delivering a baby (this includes all IV's necessary. Tonya goes to ABC Hospital to deliver her baby. She receives an IV to help induce labor. A few weeks later she receives a bill for $10,100. Is this legal?

This is illegal an example of unbundling

The use of an unauthorized access device including bank cards, plates, codes, account numbers, or other means to initiate a transfer of funds is outlawed

Counterfeiting

How much money does it need to be classified as counterfeiting and in what time epriod?

Must result in at least $1,000 being fraudulently obtained within a 1 year period

True or False? Securities Fraud is focused on communication. When someone finds another person's credit card there's no communication involved.

False (Wire Fraud is)

Certain conduct by the debtors, creditors, and others that are said to be a federal crime as per the U.S Code

Bankruptcy Fraud

intentional misrepresentation or withholding of a material fact that typically occurs through someone's silence)

Concealment

True or False? A person can be charged with conspiracy even if they don't know all the details of the unlawful scheme

True

   Any act knowingly committed by at least one of the conspirators in an effort to carry out or accomplish some objective of the conspiracy

An overt act

Two or more individuals knowingly agree on a plan or scheme or method for carrying out an illegal act

Conspiracy

If your friend asks you to help rob a bank and you say you'll help but the whole time you don't intend to and intend to turn your friend to the police, is this conspiracy?

No

If one of the people in your group goes to the store to get masks and another one goes to rob the bank, is this conspiracy

Yes

What if Fred drives the getaway car to the bank and parks it outside the bank so that Barney will have a means of escape? Do we have conspiracy?

Yes, since there's an overt act.

Fred and Barney agree to rob the bank is this conspiracy?

It's not conspiracy, since there was no overt act.

Women said a homeless man gave her $20 and had no money when she had no gas on the street and made a go fund me where she got over $400,000 but gave the homeless man $75,000 video, this is?

wire fraud, conspiracy to commit wire fraud, theft by deception

Commission of an act with the intent to obstruct or interfere with the legislative or judicial process

Obstruction of Justice

Asking someone to clean up your email files, asking or changing records of phone conversations is an example of?

Obstruction of Justice

Law aims to protect banks and ensure the accuracy of financial information

False Statement to a Bank

Telling a banking agent you're employed but you're not and lying about if it's your primary residence or not is what?

False Statement to a Bank

  Federal crime for anyone to willfully and knowingly make a false or fraudulent statement to a department or agency of the United States. , Must be related to a material matter

False Statement to a Federal Agency

a.     Unlawful taking of personal property with the intent to deprive the rightful owner of it permanently.

b.     Commonly referred to as theft or stealing

Larceny

True or False, Shoplifting is a common form of larceny.

True

Someone who's trusted has abused that trust and uses it for their own personal gain

Embezzlement

Aimed at preventing organized crime (You can take down the entire group at once)

Racketeer Influenced and Corrupt Organizations Act (RICO)

A RICO violation occurs when a person, in connection with an enterprise, engages in a pattern of racketeering activity. What's the minimum number of racketeering activities?

2

Person who intentionally accesses (or attempts to access) a computer without authorization or exceeds authorized access to obtain classified, restricted, or protected data

Cyber Crime

Hackers steal money, trade secrets, personnel records, customer lists, and company plans. Issuing corporate stock to yourself

Electronic theft

Using accessed information to commit fraud (using stolen information to create a new form of identity).

Identity Theft

Occupational Safety and Health Act of 1970 imposes criminal sanctions for:

  Willfully violating an OSHA standard that causes the death of an employee

    Giving advanced notice of an OSHA inspection

       Falsification of documents filed under OHSA

Is Bribery of a public official is legal under federal law?

NO

Bribery of a public official is illegal under federal law

Kickbacks

Bob filed for bankruptcy however he doesn't mention his Lake House on Lake Oconee in the Bankruptcy proceedings, The Lake House is later discovered by the mortgage company and included in the proceedings, what is bob guilty of?

Bob's guilty of concealment.

Gretchen has a device which can read the codes from people's bank cards while the cards are still in the victim's wallet or purse. She captures a code and then transfers the information to a blank card which she then uses to withdraw money from ATM machines. This is?

counterfeiting

Andrew posed as a salesman and called people to get their money.

Wire fraud

Protects individuals and corporations from unreasonable searches and seizures by the government

Fourth Amendment

Is the expectations of privacy at house, higher than at your job?

Yes

Can police can show up to someone's job and search them without a warrant

Yes

At the Atlanta International Airport a man on a trip from the Dominican Republic gets his luggage searched and the police talk to him in a condescending way. Is this allowed?

If you're at a certain checkpoint at the airport you're irrevocably consenting to a warranted search and you must comply.

In Riley v. California, a man was pulled over since his tag was expired and his driver license was suspended. They pat him down and find his cell phone and go through his cell phone. Is this allowed?

No, because there isn't a warrant to go through is cell phone

What does grand jury do?

 Determines if there is probable cause

Are Grand jury proceedings are completely confidential?

Yes, with the exception that it does go to trial and one of the witnesses you question says something completely different from what happened during the Grand jury proceeding or the witness says they don't remember.

  You have the right to remain silent

b.     Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any  questions.

c.     You have the right to have a lawyer with you during questioning. 

d.     If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish

e.     If you decide to answer questions now without a lawyer present you have the right to stop answering at any time

Miranda Rights

Does Mere silence invoke your Miranda Rights.?

No, you have to clearly articulate that you’re invoking your Miranda Rights.

  Individuals cannot be tried twice by the same governmental entity for the same crime based on the same factual situation (for criminal cases only)

Double Jeopardy

If there's the same case for a criminal case and then a civil case, is that double jeopardy?

That is not double jeopardy

If there's the same case for the state government and the federal government, is it double jeopardy?

That is not double joepardy

John killed Sara and there was no evidence, and because there was no evidence the court ruled John is innocent. If there's a video that comes out later that shows John killed Sara, is this double jeopardy

Yes it is

Speedy and public trial
ii. Trial by jury
iii. Confront the accuser
iv. Be informed of the charge against oneself
v. Subpoena witnesses in your favor

Sixth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

8th amendment

Punishment is cruel and unusual if:

Patently unnecessary
Inflicted completely in an arbitrary manner
Largely rejected by society
So severe as to degrade human dignity

Who are free to decide the duration of the sentences

Federal Judges

If Allen, Mary, and John agree to be in a program to manipulate the values of securities. Allen made several calls to securities in brokers in which he delivered false information about multiple companies. Before any further action, Mary and John stopped working with Allen. Are they guilty of conspiracy

They're still guilty of conspiracy

To promote the Progress of Science and useful Arts, by securing, for limited Times, to Authors and Inventors, the exclusive right to their respective Writings and Discoveries.

Intellectual Property Rights

Any form of knowledge or information that has economic value from not being generally known to others or readily ascertainable by proper means. The owner has to make reasonable efforts to maintain secrecy."

Trade Secrets

The Coca-Cola secret formula is an example of?

A trade secret

How do you establish that the Trade Secret Exists

The information must be secret and the business must take reasonable measures to keep it secret.

Can a client list memorized by a former employee be the basis of a trade secret violation?

Yes it can be a violation.

When one improperly acquires or discloses secret information

Misappropriation

Is making Chic-Fila from scratch misappropriation?

No

An order to refrain the one who misappropriated from using the trade secret or from telling others about it

Injunction

 an inventive act, and conveys a right to exclude others from making, using, sellingor importing the covered invention

Patent

A new function which last 20 years from the filing date

Utility Patent

An appearance of a product which lasts 15 years from the issue date

Design Patent

A new plant which lasts 20 years from the filing date

Plant Patent

Who evulates a patent?

Patene Examination

In 2011, what law did Obama sign for patents?

The America Invents Act (first change since 1999)

What did the America Invents act change

Switched from a first-to-invent system to a first-to-file system

Subject matter that CAN’T be patented

Laws of Nature
Natural phenomena
Abstract Idea
Mathematical algorithms or formulas

Subject Matter that CAN be Patented

Process (can be controversial)
Machine
Article of Manufacture
Composition of Matter (or improvement thereto)

Can the equation for E =MC^2 be patented

No it cannot

CLS Bank filed a lawsuit against Alice Corp that claiming that the system that Alice CORP used were an abstract idea and it is ineligible to recieve a patent, was thjis an abstract idea

hey ended up ruling that it was an abstract idea and the Alice corp was taken away.

If you currently have a patent, can someone challenge it and have it taken away.

Yes

Something new and different from the prior art

Novelty

Ability of an invention to produce surprising or unexpected results

Nonobviousness

How to determine Nonobviousness

You would ask experts in the relevant field whether they would consider the product to be obvious or non obvious

Must do something useful

Utility