brokerages, tobacco companies, banks, and other large commercial enterprises.” (Schodolski, 2018).
Racketeering is no longer limited to organized crime. Health insurance companies and other legitimate
businesses are being accused of pressure tactics similar to those used in organized crime racketeering.
These claims involve allegations of lying about the actual cost of care, damaging the business for physicians,
bullying patients, and attempting to control the doctor-patient relationship through lies and pressure tactics.
Bribery
Bribery occurs when monetary payments, goods, services, information, or anything of value is exchanged for
favorable or desired actions. You can be charged with bribery for offering a bribe, or taking a bribe. Bribery is
illegal within the United States and outside of it. The Foreign Corrupt Practices Act prohibits bribery payments
by U.S. companies to foreign government officials with an intent to influence foreign business results. One
example of bribery would be a situation in which a pharmaceutical company offers special benefits to
individuals who agree to prescribe their medications.
Money Laundering
Money laundering refers to taking “dirty”money, or money obtained through criminal activities, and passing
it through otherwise legitimate businesses so that it appears “clean.” The money cannot be tied back to the
illegal acts. Clean money is money that was obtained through legitimate business functions.
Spamming
Sending unsolicited commercial email, or spam, is illegal. While the onus is on consumers to avail themselves
of whatever programs they can to block spam, laws are in place to discourage the sending of spam. The
following points are outlined in the anti-spam legislation in Washington state and are similar to other
legislation:
1.
Individuals may not initiate the sending or plan the sending of an email that misrepresents the sender as
someone he or she is not, represents the sender as being associated with an organization that he or she
has no association, or otherwise hides the identity of the sender or origin of the email. Email messages
may not have false or misleading information in the subject line of the message.
2.
Commercial emails must include the contact information of the sender and the receiver must be aware
that the message is from a commercial source.
States like Washington are putting legislation in place to reduce spam and asking consumers to take an active
role in addressing spam. In general, legislators realize that spam is a nuisance and are finding ways to hold
companies liable for sending spam messages.
Conclusion
It is important to know that not all people charged with business crimes or white collar crimes are necessarily
guilty. A person must be found guilty of the crime before he or she is convicted. Regardless, business crimes
and white collar crimes negatively impact the individual, the organization he or she worked for, the
community, and customers.
5.2
Civil vs. Criminal Liability
A legal case can be civil or criminal. Each case has different components and requirements. Before one can
Chapter 5 Criminal Liability
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