Tax Evasion
This general term refers to a broad category of nonviolent misconduct involving commercial and financial fraud.
What is white-collar crime?
This federal law, also known as the Trademark Law Revision Act of 1988, allows civil suits for false or misleading advertising statements.
What is the Lanham Act?
Trading stocks based on material, nonpublic information is known as this type of substantive fraud.
What is insider trading
The two core conditions of an item that make introducing it into interstate commerce illegal under the FDCA.
What are adulterated and misbranded?
This foundational 1890 antitrust law prohibits combinations or conspiracies that unreasonably restrain interstate trade.
What is the Sherman Act?
These are the three essential elements the government must prove to convict someone of tax evasion.
What are (1) a tax deficiency, (2) an affirmative act of evasion, and (3) willfulness?
Under mail fraud statutes, private commercial carriers must cross state lines, but this carrier only requires an item mailed down the block.
What is the U.S. Postal Service?
This 2002 federal act dramatically expanded corporate governance, financial disclosure, and penalties for securities fraud.
What is the Sarbanes-Oxley Act (SOX)?
When ingredients in a food, drug, cosmetic, or device are poisonous, filthy, putrid, or contaminated, the item has undergone this.
What is adulteration?
An agreement between competitors at the exact same market level to charge the same price for similar products.
What is horizontal price-fixing?
Keeping a double set of books, concealing assets, or filing false returns are examples of this element of tax evasion.
What is an affirmative act?
Speech with a primarily economic motivation designed to sell a product, which still receives First Amendment protection.
What is commercial speech?
What is churning?
While misdemeanor FDCA violations are strict liability, felony convictions require prior violations or this mental state.
What is criminal intent (or willfulness)?
This act prohibits price discrimination and selling goods at unreasonably low prices to destroy competition.
What is the Robinson-Patman Act?
The specific items method provides direct evidence, while net worth, cash expenditures, and bank deposits methods provide this type of evidence.
What is circumstantial (or indirect) evidence?
This mail fraud prosecution theory was historically used primarily to protect citizens from dishonest public officials.
What is the Intangible Rights Theory?
The practice of selling securities with the agreement to repurchase them later to manipulate stock prices or skirt reporting rules.
What is parking?
For a corporate officer to face misdemeanor charges under the FDCA, they must bear this type of connection to the violation.
What is a "responsible relation"?
An arrangement where a buyer must purchase an unwanted secondary product in order to purchase the desired primary product.
What is a tying arrangement?
What is the Cash Hoard Defense?
What are Good Faith and the Statute of Limitations?
Name all three recognized common defenses to securities fraud.
What are (1) No knowledge, (2) Good faith, and (3) Reliance on counsel?
What is the defense of impossibility?
A conviction for an attempt to monopolize requires specific intent, unlawful means, and this standard of likelihood regarding market control.
What is a "dangerous probability" that a monopoly will occur?