NO Plaguarism
ffi to, Review
i What lwo elements must exist belbre a person can be held liable lbr a crime? Can a corporation commil cnmes? .:', What are five broad categories of crimes? What is u'hite-collar crime?
-::. What defenses mrght be raised by criminal defendants to avoid liabiliry for crlminal acts? ;:, What constitutional safeguards exist Lo protect persons accused ol crimes?
tl. How has the lnrerner expanclcd o1-tprtrtunities lor identity theft?
, e Questions and case Problems
L / .; . i Types of Cyber Crimes. The following siruarions are simrlar, \h ' huL rrch replesents a variation ol a particular crime. Iclen-
ti[1' the cnnre and pornt our the dilferences in the r.aria-
tions
L Chen, posing fraudulentl1, n5 Diarnond Credit Card f Crr., sends an e-marl to Emr11,, 51311n* that rhe conlpany
has obsen'ecl sr-rspicious activity in her account and has
lrozen the account. The e-mail asks her to reregrster
her credit-card number ar-rd passrvord to reopen the account.
j, Clainring lalsely to be Big Br-ry Retail Flnance Co., Con,
./ n(r-scnLls an e mail to Dino, asking l'rrm to confirm or r-rpdate his personal secllnt). information to prer.ent his
Big Buy accounr from being cLscontinued.
3. Felicia posts her rdsume on Gor\fubrk.com, an online : ,_ job postrng srLe, seekrng a posrtion in busrness ancl nranage rial hnance and accounting. Hayde n, ,,vho nris-
re presents hin'rsell as an emplo;,rlent olficer with lnter-
national Bank & Commerce Corp., sends her an e-mail
asking lor more personal information.
;q1; Question with Sample Answer. Cyber Scam. Ka1ia, a
,[Ji .Lu,1e,rt at Learnwell Universitl. orves $20,000 in
Lrnpaicl turtLon. I1 Ka1,la docs not pay the tuitron,
./ *,
Learnr.r,ell r'vill not allou, her to graduate. lo obtarn the lunds to pa),the debr, she sends e-mail letLers ro people
that she does not personallr- knor.v asking lor financial help
to sencl Milo, her disabled chi1d, ro a special schooll In real, itr, Ka)la has no chilclren. ls rhrs a cr-imel Ilso, rvhich onel
-For a sample answer to Queslion 6-2, go to Appendix E at the end of this text.
White-Collar Crime. Helm Insrrucrion Co. in N1aumee. Ohro, makes custom electrical control s).stems. In Sep- tember 1998. Helm hired Prtrick Walsh ro *,ork as cornp- troiler. Walsh soon der-eloPed a close relationship wrth Richarcl Wilhelm, Helms president, rvho granted \Valshs
request to hire Shari Pnce as an assrstant. Wilhelm was not a\'are that Walsh and Price rvere engaged in an extramariral alfarr. Over the next {ive years, \hlsh ancl Price spenr more than $200,t10t1 ol Helms ntoney on themselvcs. Arnong other things, Whlsh dreu, unauthorizecl checks on Helm's accounts to pa1'his personal credir cards and issued to Price and himseil unauthorized salarv increases, or.enrme
pa)'ments, ancl tuitron reimhursement pa\Tnents, altcring
Helm's recorcls to hide the payments. Alter an urvcstigrtion,
l{e[m ollicials conlronred Walsh. He deniecl rhe aflair wirh Price, claimed that his unauthorized r-rse of Helms funds
r.vas an "interest-free loan," and argued that it r,vas less o[ a
burclen on the company ro pay his credir cards than to give
him the salary increases to whrch he lelt he was entitled.
Z@lll >'r r:h'rt 'rimetlrtl hc't'm
/ N Dlr*:+ll!-\\'rlsir' I lr ohro App 3Ll Ir,l ). Boo
\/ 2d jlIroDisr 2007rl
E-+. Credit Cards. Oleksiy Sharapka ordered merchandise
online using stolen creclit cards. He had the rlcms sent to
outlets o[ Ivlail Boxes, Etc., and then arrangecl lor some-
one to cleliver the items to his house. He subsecluentll
shipped the goods o\.erseas, primar-i1y to Russia. Sharapka
u.as indicted in a lederal districr court. At the time of his
arrest, gor,ernment egents founcl in his possession, among
other thinss, more thirn tl'rree hr-rndred stolen crecLt-carcl
numbers. including numbers rssnecl bv American Express.
There was er-rdence Lhat he had used more than ten of the American Express numbers to buy' goods worth between
$400,000 and $l million from aL least fourteen r-endors.
Dld Sharapka commit anr. crrmesl Il so, rvho rvere hrs vic
tirns? Explain. IUnitrd Srares v. Shcuupha,526 Illd 58 (IsL
Cir 2008)l
n..:r. lntellectual Property. Jirl Klirnecek rvas a n.iember ol a group that or-errode coplright protection in mories. vrdeo
games, and soltrvare, and macle them availahle lor down-
loacl online. Klimecek bought ancl rnsLallecl hardrvare and
so[tware [o ser LLp a compu[er sen'er and paid hall ol the monthl). sen-ice charges to connect the sen,er to the Inter-
net. He knerv that users around the rvorld could access the server to upload and dorvnload copyrighted works (drscussecl rn Chapter 8). He obtarned access to Czech
movies ancl ntusic to tnake them avaiiable. Klimecek r,vas
indicted in a lederal clistrict court for copyrighr rnlnnge-
ment. He ciaimed that he had not undersLood the lr_r11
scope of the operation. Did Klimecek commrt a crime? If so, r,r.:rs he a "minor particip2-rnt" entiLled to a reduced
sentencel Explzrin. lUnitt'd Stcfes v Kiirncceh, _ F3d _ (7th Cir 2009)l
"i.-.' gry Case Problem with Sample Answer. Fourth
,lII, Amendment. Three police officers. including \,laria
Trerizo, were on patrol ln Tucson, Anzona. near a