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Copyright 2010 by South-Western/Cengage Learning
Chapter 7 Business Crime
Copyright 2010 by South-Western/Cengage Learning
Copyright 2010 by South-Western/Cengage Learning
Bernard Ebbers – Worldcom
Copyright 2010 by South-Western/Cengage Learning
Andrew Fastow – Enron
Copyright 2010 by South-Western/Cengage Learning
Richard Scrushy – HealthSouth
Copyright 2010 by South-Western/Cengage Learning
Jeffrey Skilling – Enron
Copyright 2010 by South-Western/Cengage Learning
John Rigas – Adelphia
Copyright 2010 by South-Western/Cengage Learning
Martha Stewart
Copyright 2010 by South-Western/Cengage Learning
Samuel WaksalImclone Systems
Copyright 2010 by South-Western/Cengage Learning
Copyright 2010 by South-Western/Cengage Learning
Sanjay KumarComputer Associates
Copyright 2010 by South-Western/Cengage Learning
Calisto Tanzi – Parmalat
Copyright 2010 by South-Western/Cengage Learning
Bernie MadoffBernie Madoff
Copyright 2010 by South-Western/Cengage Learning
Dennis Kozlowski – Tyco
Copyright 2010 by South-Western/Cengage Learning
Copyright 2010 by South-Western/Cengage Learning7-16
Business Crime Business Crime ElementsElements
• Criminal Intent—Scienter or Mens Rea– State of mind required to commit a crime
– For corporations—prove intention on behalf of directors• To prosecute, must show individual intent• Can establish by showing their knowledge
of actions and failure to object
Copyright 2010 by South-Western/Cengage Learning7-17
Business Crime Business Crime ElementsElements
• Case 7.2 United States v Ahmad (1996)– What is the difference between
knowledge of the law and knowledge of the conduct?
– Why is Ahmed’s testimony that he thought he was discharging water significant?
Copyright 2010 by South-Western/Cengage Learning7-18
Business Crime Business Crime ElementsElements
• Actus Reus—The Act of the Crime– Intent alone is not a crime; the act must
be committed– The required conduct described for each
crime– Sometimes a failure to act may
constitute a crime—for example, failure to pay taxes
Copyright 2010 by South-Western/Cengage Learning7-19
• The Megan Meier Suicide
• State Crime Statutes
• Still Evolving
• Prevent Postings That Humiliate and Degrade
CyberbullyingCyberbullying
Copyright 2010 by South-Western/Cengage Learning7-20
Procedural RightsProcedural Rights
• Fourth Amendment Rights:– Privacy amendment
– Search warrant procedures• Must be based on probable cause• Must be issued by a disinterested magistrate• If searches are done improperly, evidence is
inadmissible at trial
Copyright 2010 by South-Western/Cengage Learning7-21
• Fifth Amendment Rights:– Protection against self-incrimination
– Given to natural persons - not to corporations• Corporate officers can assert it to
protect themselves but not corporate records
Procedural RightsProcedural Rights
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