Minimum 200 word essay on Administrative Agencies

Minimum 200 word essay on Crimes

*online book access available*

1

David P. Twomey – Boston College

Marianne M. Jennings – Arizona State University

Stephanie Greene – Boston College

© 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed.

© 2017 Cengage Learning. All Rights Reserved.

© 2017 Cengage Learning. All Rights Reserved.

Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition

2
Chapter 6
Administrative Agencies

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Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition
LEARNING OUTCOMES
Describe the nature and purpose of administrative agencies
Discuss the legislative or rulemaking power of administrative agencies
Explain the executive or enforcement function of administrative agencies
Discuss the judicial power of administrative agencies including the rule on exhaustion of administrative remedies
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© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition
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6-1 Nature of the Administrative Agency
6-1a Purpose of Administrative Agencies
An administrative agency is a government body that administers and implements legislation.
Created to carry out general policies specified by Congress
Examples include SEC, CPSC, FDA
Governed by administrative law

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6-1 Nature of the Administrative Agency
6-1b Uniqueness of Administrative Agencies
Combine legislative, executive, and judicial powers
6-1c Open Operation of Administrative Agencies
Public has ready access to administrative agency activities
Open records
Open meetings
Public announcement of agency guidelines

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6-2 Legislative Power of the Agency
6-2a Agency’s Regulations as Law
Agencies cannot act beyond their scope of authority
Authority is not limited to the technology in existence at the time the agency was created
Example: Massachusetts v. EPA—Court held that the EPA must curb greenhouse gases due to the Clean Air Act

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6-2 Legislative Power of the Agency
6-2b Agency Adoption of Regulations
Congressional Enabling Act
Agency Research of the Problem
Proposed Regulations
Public Comment Period
At least 30 days
Options after Public Comment
Agency can pass, promulgate, or withdraw the rule.

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6-3 Executive Power of the Agency
6-3a Enforcement or Execution of the Law
Agency has the power to investigate to determine law and rule violations and to determine if additional regulations are needed

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6-3 Executive Power of the Agency
6-3b Constitutional Limitations on Administrative Investigation
Inspection of Premises: Allowed without a warrant unless dangerous to health or safety
Production of Papers: The 4th and 5th Amendments cannot be invoked
Inspections and Reports: The agency may require submission of periodic reports

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6-4 Judicial Power of the Agency
6-4a The Agency as a Specialized Court
Beginning Enforcement – Preliminary Steps
A private individual or agency may file a written complaint, which is served/answered
The Administrative Hearing
No right to jury; administrative law judge (ALJ) hears the case
Not subject to the rules of evidence

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6-4 Judicial Power of the Agency
6-4a The Agency as a Specialized Court, Cont.
Streamlined Procedure: Consent Decrees: Practical devices used to resolve disputes
The Hearing Process: Interveners, interested third parties, can also participate
The Administrative Agency Decision: Files an opinion with the findings of facts and reasons for the decision

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6-4 Judicial Power of the Agency
6-4b Punishment and Enforcement Powers of Agencies
Penalty
Cease-and-Desist Order

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6-4 Judicial Power of the Agency
6-4c Exhaustion of Administrative Remedies
No judicial review until after the agency’s final decision unless
there is no opportunity for relief
irreparable injury is possible
an appeal to the agency would be useless
substantial constitutional question exists

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6-4 Judicial Power of the Agency
6-4d Appeal from an Administrative Agency Action
Procedural Issues
Substantive Law or Fact Issues
Ultra Vires or Beyond the Jurisdiction of the Agency
Arbitrary and Capricious (ex. Hornbeck Offshore Services v. Salazar)
Constitutional Rights

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Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition
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1

David P. Twomey – Boston College

Marianne M. Jennings – Arizona State University

Stephanie Greene – Boston College

© 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd 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.
Twomey – Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed.

© 2017 Cengage Learning. All Rights Reserved.

© 2017 Cengage Learning. All Rights Reserved.

Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition

2
Chapter 7
Crimes

© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition
LEARNING OUTCOMES
Discuss the nature and classification of crimes
Describe the basis of criminal liability
Identify who is responsible for criminal acts
Explain the penalties for crimes and the sentencing for corporate crimes
List examples of white-collar crimes and their elements
3

© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition
LEARNING OUTCOMES
Describe the common law crimes
Discuss crimes related to computers
Describe the rights of businesses charged with crimes and the constitutional protections afforded them

4

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7-1 General Principles
7-1a Nature and Classification of Crimes
A crime is conduct that is prohibited and punished by a government.
Classified as common law or statutory
Misdemeanors are punishable by less than one year in prison.
Felonies are punishable by more than one year in prison.

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7-1 General Principles
7-1b Basis of Criminal Liability
Mental State
Act or Omission (actus reus)
7-1c Responsibility for Criminal Acts
Corporate liability: Corporations are held liable for the acts of their employees.
Officers and Agents of Corporations: Can be liable for employees’ conduct if they knew and failed to act.

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7-1 General Principles
7-1c Responsibility for Criminal Acts, Continued
Federal Laws Targeting Officer and Director Criminal Responsibility: Penalties and jail terms have increased, but there must be proof of fraud.
Penalty for Crime: Forfeiture

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7-1 General Principles
7-1c Responsibility for Criminal Acts, Continued
Penalties for Business/White-Collar Crimes
Computing New Penalties for Corporations
Corporate Integrity Agreements
Federal Sentencing Guidelines
Officer and Executive Banishment from Business Fields
Mandatory Sentences for Officers of Corporations Who Mastermind Crimes
Sarbanes-Oxley Reforms to Criminal Penalties
Creative Penalties for White-Collar Crime

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7-1 General Principles
7-1d Indemnification of Crime Victims
Penalties are paid to the government, who may use fines to assist victims.
Defendants may be ordered to pay restitution.

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7-2 White-Collar Crimes
7-2a Conspiracies
Agreements to commit an unlawful act
7-2b Money Laundering
Money Laundering Control Act prohibits knowingly participating in a financial transaction designed to conceal the source of the funds.
The Patriot Act expands coverage to all financial transactions.

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7-2 White-Collar Crimes
7-2c Racketeering
Racketeer Influenced and Corrupt Organizations (RICO) Act: Designed to prevent those involved in organized crime from investing money obtained through racketeering in legitimate businesses.
Criminal and Civil Applications
Expanding Usage: Predicate act, qualifying underlying offense.

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7-2 White-Collar Crimes
7-2d Bribery
The act of giving money, property, or a benefit to a person to influence their judgment
7-2e Commercial Bribery
An agent for another is paid or given something of value to make a decision on behalf of the principal that benefits the party paying the agent.

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7-2 White-Collar Crimes
7-2f Extortion and Blackmail
Extortion: When a public officer makes an illegal demand.
Blackmail: Extortion demands made by a nonpublic official.
7-2g Corrupt Influence
Improper Political Influence
Foreign Corrupt Practice Act: Federal antibribery and anticorruption statute.

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7-2 White-Collar Crimes
7-2h Counterfeiting
The fraudulent making of a document or coin that appears to be genuine but is not
7-2i Forgery
Fraudulent making or material altering of an instrument that attempts to create or change a legal liability of another
Uttering: Issuing or delivering the forged instrument.

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7-2 White-Collar Crimes
7-2j Perjury
Knowingly giving false testimony in a judicial proceeding under oath
7-2k False Claims and Pretenses
False Claims
Obtaining Goods by False Pretenses
False Information Submitted to Banks

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7-2 White-Collar Crimes
7-2l Bad Checks
Passing a check with intent to defraud or knowing that there are insufficient funds
7-2m Credit Card Crimes
Stealing a credit card, possessing the card of another without that person’s consent
7-2n Embezzlement
Fraudulent conversion of another’s property

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7-2 White-Collar Crimes
7-2o Obstruction of Justice: Sarbanes-Oxley (SOX)
Altering, destroying, falsifying with intent to obstruct the administration of any matter within the jurisdiction of any U.S. department of agency
7-2p Corporate Fraud (SOX)
A new form of mail/wire fraud, corporate officers must certify financial statements when issued

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7-2 White-Collar Crimes
7-2q The Common Law Crimes
Larceny: Taking another’s personal property with fraudulent intent.
Robbery: Taking personal property from the victim by force or threat.
Burglary: Breaking and entering the dwelling of another to commit a felony.
Arson: Malicious burning.
Riots and Civil Disorders

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7-3 Criminal Law and the Computer
7-3a What is a Computer Crime?
A crime that can be committed only by a person having some knowledge of the operation of a computer
7-3b The Computer as Victim
Theft of Hardware
Theft of Software
Intentional Damage

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7-3 Criminal Law and the Computer
7-3c Unauthorized Use of Computers
The unlawful use of a computer belonging to someone else
7-3d Computer Raiding
Taking information from a computer without the consent of the owner
7-3e Diverted Delivery by Computer
Using a computer to misdirect deliveries

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7-3 Criminal Law and the Computer
7-3f Economic Espionage by Computer
The Economic Espionage Act: Stealing or communicating a trade secret.
7-3g Electronic Fund Transfer Crimes
The Electronic Fund Transfers Act: Using a counterfeit or stolen card to obtain money or goods in excess of a specified amount through an electronic fund transfer system.

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7-3 Criminal Law and the Computer
7-3h Circumventing Copyright Protection Devices Via Computer
The Digital Millennium Copyright Act: Circumventing encryption on copyrighted material.
7-3i Spamming
Controlling the Assault of Non-Solicited Pornography and Marketing Act: Allows companies to bring suit against spammers.

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7-4 Criminal Procedure Rights for Businesses
7-4a Fourth Amendment Rights for Businesses
Search and Seizure: Warrants: Government agencies must obtain warrants before searching and seizing property.
Exceptions to the Warrant Requirement
Emergencies and plain view
Business Records and Searches
Protections for Privileged Records and Documents

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7-4 Criminal Procedure Rights for Businesses
7-4b Fifth Amendment Self-Incrimination Rights for Businesses
Self-Incrimination: Applies to individuals only, not businesses.
Miranda Rights: Warnings given to those who face custodial interrogation for criminal proceedings.

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7-4 Criminal Procedure Rights for Businesses
7-4c Due Process Rights for Businesses
Due Process: 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.

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