Cyberterrorism is the act of hacking into government computer systems, but under the Patriot Act also extends to hacking into and damaging any networked computer. It is punishable by up to twenty years in prison. Cyber sleuthing laws were also taken into account, and it was determined that Federal agents can gather information about suspected terrorists once they have a court order. The information must be relevant to an ongoing investigation, and enables the agent to track the sites being visited, and the names and organizations that are corresponded with via email. In order to see the contents of the emails additional authority is required. Federal agents are also able to obtain court orders for roving wiretaps on individuals suspected of terrorist activities. The law enables them to listen in on any of the phones the suspect uses.

In 2006 the Patriot Act was reenacted, with some sections of the original law deleted or amended. One of the most significant changes was the creation of a new Assistant Attorney General for National Security. This had the effect of consolidating previously disparate national security and intelligence operations.

The act is a controversial one, with many believing that it violates the constitution. In particular, it has expanded the rights of law enforcement to seize and search which seems to violate the right to privacy. It is also contested that the vagueness of the definition of “domestic terrorism” means that those using their First Amendment rights in expressing disagreement with government policies could fall into this category. Some attorneys have suggest that the act does away with the right to the due process of law, particularly in the case of immigrants. At the end of the day it is down to federal agents and judges to exercise the new powers in a legitimate fashion, but this leaves the act open to interpretation that violates the constitution.

If an innocent mistake is made then this is not a crime of false pretenses because the perpetrator either has to know that he is lying for gain, or be found to be reckless with regards to whether the information is a lie. Prosecutors can find it difficult to prove charges of reckless misrepresentation because it means that the defendant does not care one way or the other about the accuracy of the information, and it can be hard to establish that the defendant had no information regarding the inaccuracy used to secure ownership.

In the crime of false pretenses the misrepresentation must relate to a fact, either from the past or in the present. Just making a false promise about something, even if there is no intent to keep it, is not sufficient to constitute misrepresentation in the context of this crime. The criminal must also make an affirmative statement – he must make a false statement, as simply allowing the victim to believe something false without correcting them is insufficient to be charged with the crime of false pretenses (unless the defendant can be shown to have created this false impression). Other conditions for the crime are that there must be intent to defraud, and the misrepresentation must be a material reason for the victim to transfer ownership of the property.

Some of the different types of fraud are bankruptcy fraud, securities fraud, identity theft, insider trading, credit card fraud, telemarketing fraud, money laundering, home repair fraud, and embezzlement. But only the circumstances discussed in this article will lead to charges of a crime of false pretenses. This is not a crime that is typically discussed as one of the types of computer crimes, but some internet fraudsters may augment their online crime with activities that fall under the definition of false pretenses.

Embezzlement is a crime committed by people in positions of trust who have the ability to take lawful possession of property. These include public officials, brokers, trustees, employees etc. These individuals then convert the ownership to take control of the property for their own benefit, and in so doing they go beyond the terms that their position of trust afforded them. Basically they are taking somebody else’s property. In criminal cases proving that the property belonged to another party can be tricky. For example, if the embezzler was a co-owner prior to the embezzlement it may be easier to prove fraud than embezzlement.

The intent to defraud must be present at the time ownership was converted. If the defendant believed they have a right to the property they could use a ‘claim of right’ defense and be acquitted. If the criminal had the intent to convert ownership as soon as they were trusted with the property then it may be the case that they are guilty of larceny by trick, rather than embezzlement.

Embezzlement is not considered to be one of the many types of computer crimes, but access to computer files is often a key part of embezzlement cases. Computer forensics are sometimes used as key parts of evidence, and the property that has been embezzled can be traced through computer-initiated wire transfers.

To protect yourself from embezzlement, particularly if you are an employer, you should be on the look out for warning signs such as delays in bank deposits and documents that have gone missing. Regular account reviews should be undertaken to look for things such as drops in profits, duplicate payments, outstanding bills, and differences in accounts payable and receivable. Some of the other tell take signs are big increases in business with one customer, and missing petty cash. The most obvious signs are if your employee is overspending on luxury items, or has the same address as the vendor!

Accounting discrepancies are often the key evidence in the felony embezzlement (whether the defendant is charged with a felony varies by state). The recovery of records as swiftly as possible, and organizing them in a coherent fashion, is key to building a strong case. Often it is the case that an employer discovers the evidence, and then has to determine whether to manage the issue internally, file a civil suit, or deliver the evidence to the pubic authorities.

An advanced phishing scam will set up a web site made to look like a legitimate site, for example, a replication of a bank or e-commerce site. More common is a simple email encouraging you to click on a link. The email will state something like, “We suspect an unauthorized transaction on your account. To ensure that your account is not compromised, please click the link below and confirm your identity” or, “During our regular verification of accounts, we couldn’t verify your information. Please click here to update and verify your information.” Even if these are emails from a known source they are fake – these days internet fraudsters are able to send emails that makes it look like they came from an email address that you know.

If you get these emails you should never reply, and certainly not click on the links. Just clicking on the links could infect your computer with a virus that then logs your key strokes and sends the data back to the fraudster. Cutting and pasting the link into your web browser is just as dangerous. In order to protect your computer you should use anti-virus and anti-spyware software, as well as a firewall, and ensure that you update the programs regularly.
In addition to fake web sites and emails you may suddenly see a pop-up on your computer requesting that you update information – you should not click these even if they use threatening warning language.

A good rule of thumb is to never email personal information, and if you receive any email asking you to do so consider it a scam. Email is not a secure means of communication at all, particularly if you are using POP3 technology. If you are in any doubt about a communication the best thing is to phone the company. There is no foolproof method of protecting against internet fraudsters, and they are getting more and more sophisticated. The best advice is to be a sophisticated internet user, be familiar with what scams look like, and use adequate security software.

How do you prevent identity theft?

The first thing you need to do is familiarize yourself with the way thieves go about stealing identities. The information they are typically after is your name, credit card details, banks data, and social security number. Identity theft is the misuse of your personally identifying information such as your name and Social Security number, credit card numbers, or other financial account information. The criminals use a range of techniques: dumpster diving, skimming, pretexting, phishing, address changing, bribery, and plain old stealing!

How the Criminals Operate
Dumpster diving is the traditional approach which involves thieves rummaging in your garbage for useful data. Skimming is where criminals use a storage device to make a copy of your card when they are processing a legitimate payment. Pretexting is the use of false pretenses to get your information, such as claiming that you credit card details are needed in order to claim a prize. Another tactic employed by criminals is to complete a change of address form to divert your mail to another address, and thus gain access to credit card statements. If people, such as employees, have access to your personal data then criminals may bribe them for access to the data. Finally, some thieves simply steal your wallet.

How to Protect Yourself
So now you know the tricks of the thieves, how do you prevent identity theft?

• The first thing to do is carefully monitor your personal information so that you can quickly identify any irregularities.
• Never give personal information without being certain of the other party. If you get an email requesting personal information and are in doubt about its legitimacy you should phone the institution to ensure that it is genuine. It is very unlikely that any company would ask you to provide information via email.
• Be vigilant with your social security number, and never carry it around with you
• You should shred all papers with personal information on them before you dispose of them.
• Do not click on links in emails that you are unsure of. Even if an email looks like it comes from a known address it may be disguised, so if the body of the email (the contents, the nature of the request, the wording) seems unusual the do not click.
• When using passwords make them as secure as possible. They should be a combination of numbers and letters, and not relate to birthdays, names etc.
• To protect your computer use firewalls, anti-spyware, and anti-virus software.
• Keep your personal data safe and protected.

Even with all these prevention methods in place you should keep an eye out for identity theft. If your bills are not arriving on time, your credit is being denied, you receive letters about purchases you did not make, or you receive an unexpected billing statement, these are all signs that you could be a victim of identity theft.

How do you prevent identity theft if you are already a victim? You defend it vigorously to stop things getting worse. You should immediately inform all the financial institutions you work with, file a police report, inform the major credit bureaus, and report it to the Federal Trade Commission. You should work with an attorney to prepare identity theft affidavits which inform all the financial institutions and credit bureaus that you are a victim of fraud. This affidavit will include a copy of the police report. Finally, if you are looking for more help with identity theft check this related article.

The biggest problems with this type of crime are the ease with which they can be conducted and the low chance of being caught. Identity theft is an anonymous crime where the criminal and victim don’t meet, and the only trace of the crime is an electronic one which requires sophisticated detection methods. Furthermore, because of the lack of violence in the crime it is not one that carries stiff penalties. Also, unless multiples cases are solved at the same time the criminal is only usually found to have stolen a relatively small amount of money. This can be frustrating for law enforcement as the criminals often steal multiple identities, but manage to evade detection on most of them.

The criminals target securing personally identifying information, such as the victim’s name, credit card number, or social Security number, and then go to commit fraud. Typically the criminal will quickly set up a phone and credit card in the victim’s name, and even rent a property. This base gives a veil of legitimacy from which they can go on to commit a range of crimes. The crime can go undetected for extended periods of time as it is not until something like a credit card statement arrives that the victim realizes what has happened.

It is not a victimless crime where the expenses are picked up by the credit card companies. Instead people suffering identity theft can find that their credit records are wiped out, and they are unable to secure loans. Sometimes victims are arrested for crimes they did not commit.

From a legal point of view there are four distinct forms of identity theft: identity cloning, synthetic identity theft, financial identity theft, and criminal identity theft. The Identity Theft and Assumption Deterrence Act was passed in the late 1990s. The Act makes it a federal crime to know about, unlawfully transfer, or possess identification documents.

With identity cloning the criminal is seeking to conceal his own identity by using somebody else’s. This is usually to avoid detection for another crime. Synthetic identity theft is where the criminal simply makes up part or all of an identity; again this is usually to avoid detection for another crime. Financial identity is the most commonly understood, and is where credit cards are or loans are taken out in the victim’s name. Criminal identity theft is where somebody charged with a crime gives somebody else’s details. Sometimes these people are still punished for the crime, but emerge from prison with a clean criminal record.

If you find yourself a victim and needing help with identity theft then you should immediately inform all the financial institutions you work with, file a police report, inform the major credit bureaus, and report it to the Federal Trade Commission. You should work with an attorney to prepare identity theft affidavits which inform all the financial institutions and credit bureaus that you are a victim of fraud. This affidavit will include a copy of the police report.

A racket is an illegal business, such a loan sharking (loaning money to individuals with illegally high interest rates). Engaging in a racket is racketeering.  Racketeering is a legal tern used to describe businesses or a structured group of people who make their money or profits by means of illegal activity.   The term has been traditionally associated with organized crime.  There are two elements included in racketeering crimes. First there has to be a continuous pattern of illegal activity. Second, the activities are conducted as part of a venture that is owned or controlled by the people who are committing the illegal acts.  The term “pattern” for the purposes of this article is paramount in the investigation and prosecution of this offense. It is also a key element to defending a charge of racketeering.  There must be two incidents of illegal activity within a ten year period to obtain a racketeering charge.

According to the U.S. Federal Bureau of Investigation, the government passed the Racketeer Influenced and Corruption Organizations Act or RICO act in the 1970’s to control the activities of organized crime.  They use RICO to define racketeering as a criminal enterprise composed of any group of six or more people, where one of the six occupies a position of organizer, a supervisory position, or any other position of management with respect to the other five, and which generates substantial income or resources, and is engaged in a continuing series of violations of the law. The different violations of the law include both federal and state crimes all of which are felonies when applied to racketeering charges.

Racketeering charges have been used against many different types of enterprises including: the mafia, police departments, insider trading by investment firms, major league baseball, insurance companies, companies that hire illegal immigrants, and street gangs.

Twenty seven states have racketeering laws to date. The wording of state statues may be different than that of federal statures but the elements of the racketeering are the same. The states tend to use racketeering laws to enable victims to collect financial damages, by having all convicted parties forfeit any profits or property. The state statues are also used at times to limit and break up street gang activity.  Prosecutors often use the statues to obtain longer prison sentences and for sentencing enhancements.

The punishment for violating the criminal provisions of racketeering and the RICO Act is exceptionally severe. If convicted, a defendant is fined and sentenced to not more than 20 years in prison for each RICO violation. Furthermore, the defendant must forfeit any interest, claim against, or property or rights over the criminal enterprise, and any property that is obtained from racketeering.

Racketeers are caught in a number of ways. Government agents who suspect an organization begin surveillance to try and show a pattern of activity. They often obtain court orders to tap the phone lines or to send in auditors. Sometimes an undercover agent will be sent in to try and infiltrate the organization. In other cases law enforcement will attempt to find a person within the organization to work with agents to obtain evidence for prosecution.  When many people involved with a racketeering enterprise are arrested, the government sometimes makes a deal to with one party to “roll over” or to “turn States Evidence” and testify against the other principals involved in exchange for immunity or a reduced sentence.

It requires a great deal of work to defend a charge of corruption crime, however, it is the prosecution’s job to prove that someone was involved with the criminal activity. There are typically multiple defendants in a racketeering case. If a party can show that were not aware of any criminal activity (in a case such as an investment company) then they can be relieved of criminal liability.  Entrapment can be used as a defense if it can be shown that the person was approached by a government agent to commit a racketeering related crime and they did not originally have the intent to do so. Likewise, if the government fails to show a pattern of behavior an acquittal is likely.

Federal Racketeering Crimes

• Bribery
• Sports Bribery
• Counterfeiting
• Embezzlement of Union Funds
• Mail Fraud
• Wire Fraud
• Money Laundering
• Obstruction of Justice
• Murder for Hire
• Drug Trafficking
• Prostitution
• Sexual Exploitation of Children
• Alien Smuggling
• Trafficking in Counterfeit Goods
• Theft from Interstate Shipments
• Interstate Transportation of Stolen Property

State Racketeering Crimes

• Murder
• Kidnapping
• Gambling
• Arson
• Robbery
• Bribery
• Extortion
• Some Drug Charges

Perjury is defined as willfully giving incomplete, misleading, or simply false testimony while under oath. It is usually used to refer to a court trial. There is also perjury by making false statements in some official capacity. Some legal documents are signed “under penalty of perjury,” meaning that if someone lies about anything on that form, they could face perjury charges.

There are two elements that are required to charge a person with perjury. The first element is intent. The person who is perjuring themselves must intend for the lie to be deliberate and not accidental or unknowing. If the witness believes that he or she is telling the truth, the testimony is not perjury, although it may cause confusion during a legal proceeding or for a jury, it is not a crime. The second element is that the lie during testimony must be relevant to the trial by having a direct impact on the outcome. If the witness lies about something which is not relevant, such as their age it is not seen very favorably but it is not perjury. Outside of the courtroom if someone falsifies information on a document such as a tax return and the document states “under penalty of perjury” it is in fact perjury. The crime of getting another person to commit perjury is called subornation of perjury. If a person who is giving testimony during a criminal proceeding and later changes their statement during testimony they can escape the charge of perjury.

Most people who are charged with perjury are caught because of other evidence or testimony that conflicts with the statements or written declarations of the person being charged. In the case of a written declaration “under penalty of perjury” facts come to light that do not support the claims of the person who signed or authenticated a document to be true. An example of this would be falsifying tax documents; if it comes to light the person knowingly hid said income they could be charged with perjury. In legal proceedings, if other witnesses or evidence conflicts with the original statements made by a person and the other witnesses or evidence is credible then a person may be charged with perjury.

The penalties for perjury vary from state to state. Perjury charges are rarely prosecuted, but if they are and the person is convicted, they can face a significant fine as well as jail time. In California the punishment ranges from fines and probation and no jail time first time offender up to four years in state prison. In Virginia perjury is a class 5 felony which is punishable with a great deal of discretion on the part of the judge. The sentence ranges from six months in the county jail (maximum), a fine of not more than $2,500 or a state prison sentence from one to ten years.

Federal law defines perjury as a felony and provides for a prison sentence of up to five years in prison. Federal tax law provides criminal penalties of up to three years in prison for violation of the tax return perjury statute. The most serious charge of perjury occurs when false statements or testimony result in the death of another after the fact. If that is the case a person could potentially face the death penalty in some jurisdictions.

Perjury is a fairly uncomplicated crime and as such perjury cases can be defended. It is up to the prosecuting agency to prove that statement made or documents signed were done so with specific intent to perjure. A person could feasibly contend that they believed that the testimony given and or documents signed were to the best of their knowledge truthful and forthright at the time testimony or signatures were given. If the person is on the stand, they can still recant or change their testimony while they are under oath and will not be charged.

There are many potential illegal activities that involve the use of computers. As advances in technology progress so does the sophistication of the perpetrators. According to the FBI, in the year 2000, eighty five percent of surveyed businesses stated that they had been a victim or criminal activity through the use of computers. The types of computer crimes and be broken down into two categories: crimes that target computers or networks and crimes that are facilitated by the use of a computer. The individual must “willfully” or “knowingly” commit the acts to satisfy the intent element of the crime.

Crimes that are committed against computers or computer networks include the sending out of computer viruses. Viruses infect your machine by attaching themselves to programs, files, and start-up instructions. Hacking or cracking is unauthorized access to or modification a computer, program or software. Again the intent is to vandalize, destroy programs or data. Spamming is the sending of unsolicited emails and bulk messages indiscriminately resulting in slower computer or server performance and the appearance of prank emails. A denial of service attack occurs when an internet server is flooded with a nearly constant stream of non-legitimate requests for web pages, thereby denying other users an opportunity to download a page and also possibly crashing the web server.

Many computer crimes are committed with the intent to engage in some form of illegal activity through the use of the computer and more precisely the internet. Phishing involves the use fictitious e-mails and websites which are designed to deceive recipients into revealing personal information such as credit card numbers, account usernames and passwords and social security numbers. By imitating trusted sites phishers are able to convince up to five percent of recipients to respond to them according to U.S. Department of Justice. Computer fraud is the act of using a computer to commit a deception in order to secure unfair or unlawful gain. Cyber stalking is an activity in which a “cyber stalker” follows a victim’s online activity to gather information, threaten or to arrange “real life” contact or generally harass a victim. Identity theft is similar to fraud in that someone steals the identity of another by using their credit card, drivers’ license, social security or other personal identification numbers. When creating a new identity, the perpetrator uses the information to open new accounts. With capture identity theft, the perpetrator uses the information to access existing accounts and makes fraudulent transactions. Cyber terrorism in general, can be defined as an act of terrorism committed through computer resources to incite actions of political groups and carry out terrorist threats. Internet child pornography, and the distribution of it, is one of the most targeted activities for investigation by both federal and state law enforcement agencies. A similar crime is that of the online predator who is an adult internet user who exploits vulnerable teens, usually for sexual or other abusive purposes.

Offenders are caught through a variety of methods. Undercover sting operations and reporting from internet service providers are the most effective. Tips from the public or reports from consumers are an effective source of information. The federal government strives to keep up with the latest technology to keep a step ahead of fraudulent computer use.

The FBI and the Secret Service investigate computer crimes that involve interstate issues such as homeland security, banks, brokerages and the stock market. If a person intentionally access a computer system in order to profit or gain access to information that is otherwise restricted the penalties range from one year in prison for just accessing the computer to life imprisonment or the death penalty if a death or threat to national security occurs.

State sentences vary based on the nature of the crime and the amount of “damage” that ensues. Penalties range from misdemeanors to include one year or less in jail to harsher sentences for more severe crimes including life imprisonment in some states.

Defending certain types of computer crimes is possible but becomes increasing more difficult as the charges become more severe. Many defendants agree to a plea bargain, which basically amounts to pleading guilty to a lesser offense; this is especially true if the accused can lesser their charges from federal to state statues. Another strategy involves the intent offense. If for example, a person is charged with a computer crime such as cyber stalking, a possible defense would be that the accused had no intention of stalking a victim and thought that their communication was merely a method to communicate with the victim thereby lacking the intent to commit the crime.

Extortion is defined as the act of obtaining money or property from someone by threatening either the victim or a related party of the victim with; injury or bodily harm, accusing them of a crime, threatening to defame or damage their reputation or threatening to expose a secret. Extortion requires that the individual sent the message “willingly” and “knowingly” as elements of the intent to commit the crime. The extortionist also has to actually put the victim in fear that they will indeed carry out his or her threat for it to be a crime. Money or property does not have to actually be exchanged. The simple threat of violence or a legal action which seeks payment of money or property in order to stop action is enough for a person to be charged with the crime.  It is interesting to note that the message only has to be sent to the victim, even if they do not receive it, to commit extortion.

Extortion by a public official is a similar charge with the exception being that the extorter commits the crime while in a position of authority. According to jrank.org, there are four basic ways in which a public officer commits extortion. The officer might demand a fee not allowed by law and accept it under the guise of performing an official duty. They might take a fee higher than that allowed by law. In this case the victim must at least believe that he or she is under an obligation to pay some amount. A third method is for the officer to receive a fee before it is due. The crime is committed regardless of whether the sum taken is likely to become due in the future. It is not criminal, however, for an officer to collect a fee before it is due if the person paying so requests. Finally, extortion may be committed by the officer’s taking a fee for services that are not performed. The service refrained from must be one within the official capacity of the officer in order to constitute extortion.  In the U.S. extortion may also be charged as a federal crime if the perpetrator uses a phone, mail, computer or internet to engage in the act.

Extortionists are typically caught when the victim notifies law enforcement. When the crime is committed by electronic means, government agencies track the offender though internet services providers, the postal service or the telephone company. Occasionally they will pose as the victim to try and lure the extortionist into a meeting or other type of transaction.

Most extortion charges are felonies and the penalties vary from state to state. Punishments are dependent upon a number of factors including the amount of money involved and the nature of the threat.  The penalties range from one year in prison and a fine or both on the lower end of the spectrum for first time offenders. Harsher penalties for more severe threats and higher dollar amounts and can be as long as seven years in prison.  Federal penalties range from one year in prison and a fine up to five years and a ten thousand dollar fine. If the extortion is committed by a public official federal sentences are invoked as well as forfeiture of the office that the offender holds.

Defending a charge of extortion is not impossible.  An affirmative defense, which switches the burden of proof from the prosecution to the defense, is one possible scenario. If a person who acts under an honest belief that he or she has a right to the money or property taken then there was no crime actually committed. Say for example that a convenience store owner thinks that a customer stole something and demands that the customer pay for the items or else call the police and have the customer arrested for shoplifting. The store owner genuinely believes that the money is owed and therefore no crime has been committed. What it means to extort is argued on a daily basis in US courtrooms.