What are business related crimes?
A business, like any person, is subject to general criminal law. Some crimes, however, are found more frequently in the business than elsewhere. Business firms are frequently the victims of crimes such as robbery, burglary, shoplifting, employee pilferage, passing bad checks, vandalism, receiving stolen property, and embezzlement. Less frequently, but often with much larger sums of money involved, business persons and firms may commit crimes. Because such criminals are generally well-educated, respected members of the community, the offenses are called white-collar crimes. These criminals exploit their victims through concealment and deceit.
Common examples of white-collar crimes are income tax evasion, consumer fraud, cheating with false weighing machines, conspiring to fix prices, bribery, and embezzlement. Normally no physical violence is involved in crimes of this nature. Thus, courts tend to be more soft with the criminals, punishing them with fines or short prison sentences. Here are some of the common business-related crimes:
Larceny
Larceny (commonly known as theft) is the wrongful taking of money or personal property belonging to someone else. Variations of larceny include robbery (taking property person in immediate presence and against the victim's will, and by force or by causing fear) and burglary (entering a building with the intent to commit a crime). Other types of larceny include shoplifting, pickpocketing, and purse snatching.
Larceny may be either a felony or a misdemeanor. The Classification is determined by the value of the property stolen and the circumstances surrounding the act. However, burglary is always a felony. In addition, if the burglar sells the stolen goods, he is guilty of two crimes - burglary and selling stolen property.
Receiving Stolen Property
Knowingly receiving stolen property is an offense separate from larceny. It consists of receiving, concealing, or buying property known to be stolen, with intent to deprive the rightful owner of the property. One who receives stolen property is known as a fence (скупщик краденного). Special statutes deal with the fencing of types of property that are commonly stolen, such as motor vehicles and valuable airplane, ship, or truck cargoes.
False Pretenses
One who obtains money or other property from another person by lying about a past or existing fact is guilty of false pretenses (also known as false representation). This crime differs from larceny because the victim parts with the property voluntarily. False pretenses is a type of fraud.
Forgery
Forgery is falsely making or altering any writing (for example the signature of another person). In forgery there must be intent to defraud either the person whose name is signed or someone else. The most common forgeries are found on checks when one has signed another's name without permission to do so. Forgery also includes altering a check, such as when one changes «$7» to «$70» and «Seven» to «Seventy». Forgery is usually a felony.
Bribery
Briberyis offering or giving to a government official money or anything of value which the official was not authorized to receive in order to influence performance of an official duty. Accepting the money or offer is also bribery.
Extortion
Extortion(commonly known as blackmail) is obtaining money or property from a person by wrongful use of force, fear, or the power of office. The extortionist (blackmailer) may threaten to inflict bodily injury on the victim or a close relative of the victim. Sometimes the extortionist threatens to expose a secret crime if payment is not made. Kidnapping is a related crime.
Conspiracy
Conspiracyis an agreement between two or more persons to do an unlawful criminal act, or to do a lawful act by unlawful means. Usually the agreement is secret. Depending on the circumstances, the crime may be either a felony or a misdemeanor. Business executives of competing corporations sometimes conspire to fix prices or to divide markets.
Arson
Arsonis the willful and illegal burning of a building. Under early common law, the courts sought primarily to protect human life. Therefore, arson was limited to the malicious burning of another’s home. This definition has since been extended to include other structures. Arson has been committed when someone intentionally starts a fire or causes an explosion that results in any burning.