What Is Solicitation And Why It’s A Crime

Solicitation would be the act through which a person is swayed or otherwise convinced to do a crime or be a part of a criminal activity, without which he may not have been mixed up in crime. For example, supplying a big incentive for carrying out a crime. In the United States, solicitation could be the term of a criminal offense, an inchoate offense that is made up of person offering cash or something else of worth in order to provoke or cause another to commit a criminal offense with the precise intent that the person solicited make the crime. In the USA, the word “solicitation” indicates some sort of industrial element, consideration, or transaction. In some other common law nations around the world, the problem is different. Where the substantive criminal offense is not committed, the charges are drawn through incitement, conspiracy, and attempt. Next, if the substantive offense is determined, the accusations are drawn from conspiracy, counseling and procuring (see accessories), and the substantive crimes as joint principals (see common purpose).

A person is guilty of solicitation to commit a criminal offense if, with all the purpose of endorsing or facilitating its commission, he commands, encourages or requests another person to engage in specific conduct which may constitute such criminal offense or an effort to do such crime or which may determine his complicity in the commission or attempted commission.

It is immaterial that the actor ceases to communicate with the individual he solicits to do the criminal offense if his behavior was fashioned to influence this type of communication. The offense of criminal solicitation is the actual soliciting, or trying to engage another to do a crime, not necessarily the following commission of the crime. Consequently, the defendant may be convicted of soliciting, even though the individual declines and the solicited crime has never been perpetrated, as long as the motive that that crime be committed is present.

Immediate request, plea, or entreaty; enticing, asking. This is the criminal offense of advocating anyone to do an illegal act. The term solicitation can be used in many different legitimate contexts. A person who asks someone to do an unlawful act has committed the criminal act of solicitation. A worker who has agreed in an employment agreement not to solicit business after leaving behind her employer then mails a letter to customers asking for business may be sued by the previous employer for breaking the non-solicitation terms of the agreement. The letter comprises a solicitation. However, if the person had placed a newspaper advertisement, this would not have been a solicitation because a solicitation must be addressed to a particular person.

In most cases, solicitation is about motive. A court will analyze the method a worker utilizes to get hold of and get in touch with previous customers and detect his or her intent that way. Judge Kocoras once said that solicitation doesn’t need “an express request for business.” Contact which is more harmless and oblique can rise to the level of “solicitation.” Courts also have held that an employee cannot make contact and advise a customer that following a particular period of time, she or he will be able to assist that client again. The solicitation of future business is not exempt.

How to Prevent Embezzlement in Your Organization

Embezzlement is an act of unlawful misappropriation of property by a person to whom it has been entrusted or is in his care/custody. In many cases embezzlement by employee does not become public and the employee is fired without any reason and charges are not filed. Embezzlement is like a parasite which eats your business. Internal control measures not only make embezzlement difficult but they could also make management aware to embezzlement when it occurs.

Few internal control measures against embezzlement are as follows:

Whenever possible, segregate duties and responsibilities. If one person has access to, or processes an entire transaction, the risk of fraud is high. If possible rotate duties.

Another method that deter embezzlement is to regularly and unexpectedly move funds from one advisor or entrusted person to another when the funds are supposed to be available for withdrawal or use, this will ensure that full amount of funds is available and no fraction of it is embezzled by the person to whom it has been entrusted.

Conduct periodic surprise internal audits. These are most effective after identifying high risk areas. Surprise internal audit can acts as a deterrent to embezzlement.

Other step which may be taken to prevent embezzlement is to follow careful recruitment procedures, while hiring employees for position of trust. The typical background check involves employment and education verification, reference checks, criminal conviction checks, drug screening and a credit check.

Explain ethics of organization to each and every employee from top to bottom. Explain them that there minutes activities are monitored. Employees who believe that they are being monitored are less likely to steal.

Information on White Collar Crimes

White-collar crimes once referred to illegal acts committed by business people in the course of their employment. However, now any non-violent and sophisticated economic crime would qualify as a white-collar crime. As a rule, white-collar crimes verlap with corporate crime because the opportunity for fraud, bribery, insider trading, embezzlement, computer crime, and forgery is more available to white-collar employees.

White-collar crimes are usually associated with business and do not involve violence or bodily injury to another person. Those crimes generally associated with lending institutions which involve bank fraud, such as making false statements to obtain a loan, filing false reports or returns with government agencies, embezzlement, using the mail or wire communications to defraud, and paying or accepting bribes are considered to be white-collar crimes.

Depending upon whether state or federal laws have been violated, white collar crime may be prosecuted in state or federal courts. The penalties for such crimes usually vary, but in some cases they may be as severe as those prescribed for violent crimes. In any case it is wise to talk with an attorney before answering any questions, if you are questioned by a law enforcement officer or another governmental agent about possible criminal conduct.

Visit New York Attorneys at http://www.nylawprofessionals.com for any law assistance.

Law Enforcement Articles – Factors Inhibiting Confessions

When we interview someone, we must take into consideration the factors which may prevent, or at least hinder, obtaining an admission and/or confession.

Without addressing the basic reasons that someone is denying involvement or knowledge, our efforts will surely fail.

Remember, the people we are interviewing have generalized fears and some very specific fears about the interview process.

They may have the following fears:

o Fears concerning legal sanctions and the fear of “getting a criminal record” for 1st time offenders.

This fear is prevalent in inexperienced offenders and those who are na├»ve regarding the criminal justice system. It is exacerbated by the current trend to publish suspect’s names and photos in the newspapers of America.

o Concern about one’s reputation or standing in the community (may be especially important in publicized or sensitive cases such as Child Abuse, Rape, Embezzlement).

This also is a very real fear when someone may lose professional licenses or privileges as a result of confessing (Doctor, Lawyer, Teacher, Nurse, etc).

This is a very real fear which needs to be addressed before any meaningful communication is achieved with the suspect.

Typically, the interviewer needs to emphasize the need to “do the right thing” and “tell the truth” while minimizing the consequences.

o Not wanting to admit to oneself what they have done – known as self-denial.

Denial is a huge impediment to obtaining a confession. People simply don’t see themselves as capable of doing “bad” acts and equate admissions of involvement as admissions that they are ‘bad” people.

A very effective tactic for the interviewer is to contrast the act with the person. In other words, “you did a bad thing, you aren’t a bad person.”

o Embarrassment in front of friends and family.

This is a lot like self-denial, only it involves standing in a family/friend situation.

Assure the person to be interviewed that true friends and family will stand by someone who makes a mistake, as long as they admit the mistake.

o Fear of rejection and not wanting to hurt loved ones.

o Fear of retaliation – especially prevalent in drug cases and gang-related cases, where fear is actual, not theoretical.

It is possible that interviewees may be in extreme physical danger if they cooperate with the
It is beneficial to point out that they may be viewed as a “snitch” just because they are being interviewed, regardless of what they tell you. In other words, it may already be too late, so they may as well cooperate to ensure that the person they are afraid of ends up in jail.

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