Case 2: Soliciting Funds
Scenario 2 – Soliciting Funds
1. The crime in which Tarrance committed had a specific intent (mens rea – guilty mind) when he copied his employer’s customer database on a USB drive and created a fictional business.
“Under the federal Industrial Espionage Act of 1996, knowingly stealing, soliciting, or obtaining trade secrets by copying, downloading, or uploading via electronic means or otherwise with the intention that it will benefit a foreign government or agent is a crime. This act also applies to the stealing or purchasing of trade secrets by U.S. companies or individuals who intend to convert trade secrets to the economic benefit of anyone other than the owner” (Twomey & Jennings, 2017, p.172).
“The Economic Espionage Act (EEA) is a …show more content…
§1693(n.)) makes it a crime to use any counterfeit, stolen, fraudulently obtained card, code, or devise to obtain money or goods in excess of specified amount through an electronic fund transfer system” (Twomey & Jennings, 2017 p.123).
Tarrance committed this infringement, with the intent to utilize the donor’s funds. In addition, he intentionally (actus rues – guilty act) committed robbery, forgery under false pretense to utilize several donors credit card. By knowingly committing a criminal liability (act of omission), Tarrance foreseeability of his action was also an act of negligence (causation). (Twomey & Jennings, 2017, p. 143).
2. Yes, there is a correspondent civil action between the company in which Tarrance worked for and Donors. A private dispute can be initiated and pursued by the Donors, for the company negligence on not providing/ensuring that their personal information, was protected. The Federal Trade Commission Act is the federal consumer protection statute which prohibits unfair or deceptive practices. The FTC goal is to protect consumers, prevent fraud, deception and unfair business practices in the marketplace. In addition, The Consumer Privacy Protection Act of 2015 was introduced in the Senate in April 2015, …show more content…
Authorizes the Department of Justice (DOJ) to commence a civil action to enjoin unauthorized persons or entities from accessing or transmitting computer commands commonly referred to as botnets that would impair the integrity or availability of 100 or more computers used by financial institutions or the federal government or that affect interstate or foreign commerce or communications during any one-year period, including by denying access to the computers, installing unwanted software, or obtaining information without authorization. Allows DOJ to enjoin the alienation or disposal of, or to seek restraining orders prohibiting the disposal of, property obtained as a result of such a violation” (congress.gov
1. The crime in which Tarrance committed had a specific intent (mens rea – guilty mind) when he copied his employer’s customer database on a USB drive and created a fictional business.
“Under the federal Industrial Espionage Act of 1996, knowingly stealing, soliciting, or obtaining trade secrets by copying, downloading, or uploading via electronic means or otherwise with the intention that it will benefit a foreign government or agent is a crime. This act also applies to the stealing or purchasing of trade secrets by U.S. companies or individuals who intend to convert trade secrets to the economic benefit of anyone other than the owner” (Twomey & Jennings, 2017, p.172).
“The Economic Espionage Act (EEA) is a …show more content…
§1693(n.)) makes it a crime to use any counterfeit, stolen, fraudulently obtained card, code, or devise to obtain money or goods in excess of specified amount through an electronic fund transfer system” (Twomey & Jennings, 2017 p.123).
Tarrance committed this infringement, with the intent to utilize the donor’s funds. In addition, he intentionally (actus rues – guilty act) committed robbery, forgery under false pretense to utilize several donors credit card. By knowingly committing a criminal liability (act of omission), Tarrance foreseeability of his action was also an act of negligence (causation). (Twomey & Jennings, 2017, p. 143).
2. Yes, there is a correspondent civil action between the company in which Tarrance worked for and Donors. A private dispute can be initiated and pursued by the Donors, for the company negligence on not providing/ensuring that their personal information, was protected. The Federal Trade Commission Act is the federal consumer protection statute which prohibits unfair or deceptive practices. The FTC goal is to protect consumers, prevent fraud, deception and unfair business practices in the marketplace. In addition, The Consumer Privacy Protection Act of 2015 was introduced in the Senate in April 2015, …show more content…
Authorizes the Department of Justice (DOJ) to commence a civil action to enjoin unauthorized persons or entities from accessing or transmitting computer commands commonly referred to as botnets that would impair the integrity or availability of 100 or more computers used by financial institutions or the federal government or that affect interstate or foreign commerce or communications during any one-year period, including by denying access to the computers, installing unwanted software, or obtaining information without authorization. Allows DOJ to enjoin the alienation or disposal of, or to seek restraining orders prohibiting the disposal of, property obtained as a result of such a violation” (congress.gov