This is a draft cheat sheet. It is a work in progress and is not finished yet.
Statutes
18 U.S.C §1341 |
Frauds and Swindles |
* whoever |
* devises scheme/artifice to defraud |
* by means of false/ fraudulent pretenses |
* placed in any form of mailing system |
fined/jailed up to twenty years or both |
knowingly causes to be delivered by mail |
fined not more than 1M or jailed up to thirty years or both if in connection w/ major disaster |
Statues
18 U.S.C §1951 |
Foreign Corrupt Practices Act |
Hobbs Act |
* unlawful |
* whoever |
* certain classes of persons/entities |
* obstructs/ delays/ affects |
* to make payments to |
* commerce by |
* foreign govt officials |
* robbery/ extortion |
* to assist/retain business |
fined/jailed up to twenty years or both |
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Statutes
18 U.S.C §201 |
18 U.S.C §666 |
Bribery of Public Officials |
Theft/ Bribery of Federal Funds |
* directly/indirectly |
* whoever |
* corruptly |
* being an agent |
* gives/offers/promises |
* embezzles/ steals/ obtains by fraud |
* any public official |
* converts to any person other than rightful owner |
* anything of value w/ intent to |
* or intentionally misapplies property |
* influence official act |
* is valued at 5k or more and |
* commit/aid/collude/allow fraud |
* is owned/operated/ under care/control of such org |
* to induce public official to do/omit act in violation of lawful duty |
OR * corruptly solicits/demands/ accepts anything of value |
fined/jailed up to two years or both |
* intending to be influenced/rewarded |
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* in connection w/ any business trans. |
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* of such org |
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* involving anything of value of 5k or more |
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fined/jailed up to ten years or both |
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Extortion
*obtaining property of another
* w/ consent
* induced by wrongful use of actual/threatened force, violence/fear or
*under color of official right |
Quid Pro Quo
Essential for extortion conviction |
Structuring
* Intent to evade the reporting reqs of financial institutions
* knowingly act to deprive govt of info to which it is entitled |
Bribery
*payment induced to a person in a position that will sway their actions
* must show a link b/w an act that benefits/advances the intention behind the value given |
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Bribery vs. Gratuity
* before official act |
* after official act |
* 15 year penalty |
* 2 year penalty |
False vs. Fraud
* objectively inaccurate |
* may be true but used to mislead |
Corporate Liability
Tort Theory of Liability |
-- "acts of an agent, done for benefit of the Principle and within the scope of their employment, are imputed to the Principle" |
Respondeat Superior |
-- examines whether an agent was acting within the scope of his/her authority and on behalf of the corporations |
"willful blindness can be used to support element of knowledge" [knowledge can be inferred from circumstantial evidence] |
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