| Criminal Misapplication |
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| Criminal misapplication of funds of a financial institution is a federal crime. In order for the prosecution to be successful in a prosecution for criminal misapplication, it must show that a nexus existed between the misapplication and the defendant's status with the financial institution.
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| Factual Stipulations in Criminal Trials |
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| A stipulation is an agreement between adverse parties as to the definition or identification of a statement or pieces of evidence that are material to the case. Trial judges typically accept stipulations of fact presented by parties. However, it is within the trial judge's discretion to reject the stipulated fact if fact sought to be admitted is not relevant or constitutes a legal conclusion. When the trial court accepts a stipulated fact, the party that had the burden of proof with respect to the stipulated fact is relieved from presenting a foundation to establish that fact during the defendant's trial. More... |
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| Criminal Violations of the Resource Conservation and Recovery Act of 1976 |
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| The Resource Conservation and Recovery Act of 1976 (RCRA) is an Act that regulates the generation, regulation, storage, disposal, and transportation of hazardous waste. Hazardous waste is defined as specific chemicals contained on EPA lists. Hazardous waste also includes waste that is ignitable, corrosive, reactive, or toxic. The Act requires that hazardous waste be treated, stored, and disposed of only at facilities that have an Environmental Protection Agency (EPA) waste permit. More... |
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| CONDUCT & CAUSATION |
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| A defendant's conduct does not constitute a criminal offense unless the conduct is prohibited by a statute, a municipal ordinance, or a rule. The word "conduct" means an act or a failure to act. The word "conduct" also includes the defendant's mental state. The word "act" is defined as a voluntary movement of the defendant's body. The word "act" includes speech. More... |
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| Customs Fraud and Evasion Practices |
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| Double invoicing is a procedure in which the importer and foreign exporter agree to divide the per-unit cost between two invoices. Only one invoice is presented at entry. The second invoice for the balance is forwarded to the importer, either before or after entry, and is paid separately. The customs officials are able to detect the improper value of goods listed on an invoice if they are well seasoned in their work. The double invoicing scheme will work if all of the documents are altered properly.More... |
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