CDI3 Midterm Flashcards

(128 cards)

1
Q

• Large-scale robberies involving multiple suspects or criminal syndicates
• Example: Bank robberies, ATM jackpotting, or coordinated armored truck heists

A

Syndicated or Organized Robbery

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2
Q

• Digital theft of money or assets through hacking, phishing, ransomware
• Example: Unauthorized access to online banking systems or cryptocurrency wallets

A

Cyber-Enabled Property Crimes

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3
Q

• Software piracy, counterfeit goods, patent or copyright violations on a commercial scale
• Often involves international smuggling or black-market operations

A

Intellectual Property Theft

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4
Q

Theft of paintings, religious artifacts, antiques, or museum items
• Often linked to international trafficking networks

A

Art, Cultural, or Heritage Property Theft

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5
Q

Concealing or disguising the origin of property or money gained from illegal activities
• Involves complex financial transactions, shell companies, or foreign accounts

A

Money Laundering of Stolen Assets

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6
Q

Theft of paintings, religious artifacts, antiques, or museum items
• Often linked to international trafficking networks

A

Art, Cultural, or Heritage Property Theft

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7
Q

Staged theft, arson for profit, or exaggerated damage claims
• Requires forensic accounting, interviews, and coordination with insurers

A

Insurance Fraud (Property-Related)

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8
Q

• Theft or misuse of company/government funds by trusted personnel
• Often uncovered in corporate audits or whistleblower reports

A

Large-Scale Embezzlement and Financial Fraud

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9
Q

Illegal mining, logging, land grabbing, or destruction of protected resources
• Usually involves corruption, forgery, and violations of environmental laws

A

Environmental Property Crimes

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10
Q

• Property destruction using fire to collect insurance or for intimidation
• Investigations require fire forensics and links to criminal intent

A

Arson for Profit or Linked to Organized Crime

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11
Q

Key Characteristics That Make These “Special Crimes”:

A

• Organized group involvement
• Use of advanced technology or tools
• High-value or high-profile targets
• Inter-jurisdictional or international in scope
• Complexity requiring multi-agency investigation (e.g., cyber units, financial intelligence,
forensic experts)

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12
Q

refers to large-scale theft crimes planned and executed by a
group of individuals or a criminal syndicate, acting in concert with clear coordination, often targeting
high-value assets or institutions.

A

Syndicated or Organized Robbery

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13
Q

crime is premeditated, systematic, and carried out by 3 or more persons acting as a band or syndicate, making it more dangerous and damaging to society.

A

Syndicated or Organized Robbery

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14
Q

robbery
committed by a band (group of 4 or more armed individuals) is considered an?

A

aggravating
circumstance, leading to higher penalties.

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15
Q

crime is premeditated, systematic, and carried out by 3 or more persons acting as a band or syndicate, making it more dangerous and damaging to society.

A

Syndicated or Organized Robbery

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16
Q

which is usually committed by one or two individuals, often
spontaneously.

A

Simple robbery

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17
Q

treated as a modern form of traditional property crimes (like theft,
fraud, and extortion) that have been enhanced or carried out using cyber tools and digital technologies.
They are “enabled” by technology — meaning the crime is not new in essence, but the modus operandi
has evolved because of the internet, computers, and networks.

A

Cyber-Enabled Property Crimes

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18
Q

Cybercriminals steal financial assets or valuable data by compromising digital systems.
These actions violate property rights and often involve unauthorized access, deception, or coercion.

A

Digital Theft of Money or Assets

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19
Q

Gaining unauthorized access to computer systems, such as online banking platforms,
corporate networks, or cryptocurrency exchanges, to transfer funds or steal assets.

A

Hacking

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20
Q

Tricking victims (via fake emails, websites, or messages) into disclosing login
credentials, which are then used to access their accounts.

A

Fishing or phising

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21
Q

Deploying malicious software to encrypt victims’ data, then demanding payment )often in cryptocurrency) for decryption — a form of digital extortion

A

Ransomware

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22
Q

Challenges for Investigators

A

Attribution: Offenders often hide their identities using VPNs, proxies, or fake accounts.
• Jurisdiction: Perpetrators and victims are often in different countries.
• Evidence Preservation: Digital evidence is fragile and must be collected properly to maintain
integrity and admissibility in court.
• Technical Complexity: Investigators must understand encryption, blockchain, and network
protocols

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23
Q

refers to creations of the mind—such as inventions, literary and
artistic works, designs, symbols, names, and images—that are legally protected through
copyrights, trademarks, patents, and trade secrets.

A

Intellectual property

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24
Q

occurs when someone uses, copies, sells, or distributes such
protected works without the owner’s permission, violating IP laws.

A

Intellectual property theft

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25
Unauthorized copying, distribution, or use of software programs.
Software piracy
26
Manufacturing and selling fake products that imitate branded or patented goods.
Counterfeit goods
27
When someone produces or sells a patented invention without authorization.
Patent infringement
28
When protected works like books, movies, music, or art are copied or distributed illegally
Copyright infringement
29
Why It Often Involves International Smuggling or Black-Market Operations
Organized crime groups produce goods in countries with lax enforcement and smuggle them into high-demand markets. • Black markets thrive because of lower prices and demand for “cheap” alternatives. • Ports, free-trade zones, and online marketplaces make it easier to distribute counterfeit or pirated goods globally. • The supply chains are complex, often involving shell companies and money laundering.
30
refers to the illegal taking, trafficking, or destruction of artworks, antiquities, and culturally significant artifacts that belong to a nation, community, or institution.
🏛️ Art, Cultural, or Heritage Property Theft
31
Paintings, sculptures, drawings, photographs, decorative arts, and other works of visual or fine art
Art property
32
Objects that have significance for a particular group’s traditions or way of life, such as ritual masks, manuscripts, or music instruments.
Cultural property
33
Sites, monuments, or objects designated as part of a nation’s or humanity’s heritage (e.g., UNESCO World Heritage Sites). These are often: • Kept in museums, galleries, archives, churches, and historic sites. • Protected by national and international laws.
Heritage property
34
Why it Requires Special Investigation Art and heritage crimes are not ordinary thefts because:
1. 2. 3. 4. High Value but Hard to Sell: These items often have immense black-market value but are difficult to sell openly because of their uniqueness. Organized Crime Links: Networks of smugglers, corrupt officials, and dealers often facilitate their illicit trade. Cross-Border Dimension: Many stolen items are trafficked internationally, requiring international cooperation. Damage to Culture and History: Even if recovered, the damage to the community’s history and culture may be irreparable.
35
process of concealing, moving, and integrating illegally acquired funds or properties into the legal economy to make them appear legitimate.
Money laundering of stolen assets
36
Why IMoney laundering of stolen assets a Special Crime Investigation? It is treated as a special crime because of:
The scale of harm — it enables large criminal enterprises, robs governments of resources, and erodes public trust. Complexity of schemes — money is layered through shell companies, offshore accounts, and legal businesses. Transnational nature — stolen assets often cross borders, making recovery and prosecution more difficult. Requirement for expertise — investigators need specialized knowledge of finance, law, and forensic accounting. 🔍
37
Injecting stolen money into the financial system (e.g., deposits, buying high-value goods).
Placement
38
Obscuring the origin through complex transactions: multiple transfers, shell companies, foreign accounts.
Layering
39
Reintroducing the “cleaned” funds into the economy (e.g., investments, businesses, luxury assets).
Integration
40
Main law criminalizing money laundering. • Declares money laundering a crime independent of the predicate offense (e.g., even if theft is unproven yet, laundering proceeds of theft can already be charged).
Republic Act No. 9160,
41
cash and equivalent transactions exceeding ₱500,000 in one banking day, or those suspected to involve unlawful activity. ✅ Freezing and forfeiture of assets linked to unlawful activit
Covered transactions
42
Covered institutions must report large and suspicious transactions to the?
Anti-Money Laundering Council (AMLC).
43
Terrorism Financing Prevention and Suppression Act of 2012 • Focuses on freezing and recovering assets used for or derived from terrorism.
Republic Act No. 10168
44
Role of the AMLC
Central agency for AML/CFT (Combating the Financing of Terrorism) efforts. • Receives and analyzes suspicious transaction reports (STRs). • Freezes and recovers assets with court approval. • Coordinates with international bodies (e.g., FATF).
45
act of deliberately deceiving an insurance company to obtain money or benefits that one is not entitled to. When it involves property-related claims, it becomes a serious concern for investigators because it not only steals from insurers, but also raises premiums for honest policyholders and sometimes endangers lives.
Insurance fraud
46
refers to false or exaggerated claims involving damage, loss, or destruction of property — real estate, vehicles, inventory, or valuables — in order to unlawfully collect insurance money
Property-related insurance fraud
47
A person falsely reports a burglary, theft, or robbery of insured items. o Sometimes involves selling or hiding the property while claiming it was stolen
Staged theft
48
Deliberately setting fire to insured property (homes, warehouses, vehicles) to claim insurance. o Particularly dangerous because it endangers lives of occupants and responders.
Arson for profit
49
Damage may occur legitimately (e.g., flood, fire, accident), but the claimant inflates the cost of repairs or reports more items damaged than actually were.
Exaggerated damage claims
50
Falsely claiming damage or loss that never happened.
Fabricated claims
51
Analyzing financial records to uncover inconsistencies and fraudulent valuations.
Forensic accounting
52
Questioning claimants, witnesses, neighbors, or employees. • Watching suspect activities (e.g., claimant moving “stolen” goods into storage).
Interviews and Surveillance
53
Working with claims adjusters, investigators, and lawyers from insurance companies
Coordination with Insurers
54
When there is Fire/arson investigations, fingerprint/DNA at crime scenes, trace evidence of tampering
Forensic science
55
refer to the theft, misappropriation, or misuse of significant sums of company or government funds by employees, officers, or trusted personnel, often disguised as legitimate transactions
Large-Scale Embezzlement and Financial Fraud
56
the unauthorized taking of money or property entrusted to someone, typically an employee or public official.
Embezzlement
57
refers to deceitful practices to illegally obtain money, such as: • Falsifying financial statements • Creating fake invoices or vendors • Misrepresenting accounts to hide theft
Financial fraud
58
Why Large-Scale Embezzlement and Financial Fraud It’s a Special Crime?
Scale & Impact: Large sums can bankrupt companies, harm governments, and erode public trust. • Position of Trust: Perpetrators are often high-ranking employees or officials. • Complexity: Crimes may go undetected for years due to falsified records and collusion. • Detection Difficulty: Often discovered only through audits or whistleblower reports.
59
Common Ways It’s Committed embezzlement and financial fraud?
Skimming — taking cash before it’s recorded. ✅ Creating “ghost” employees, vendors, or accounts to divert funds. ✅ Inflating expenses or fake purchase orders. ✅ Directly transferring money to personal accounts. ✅ Hiding losses by manipulating records.
60
Why Large-Scale Embezzlement and Financial Fraud It’s a Special Crime?
Scale & Impact: Large sums can bankrupt companies, harm governments, and erode public trust. • Position of Trust: Perpetrators are often high-ranking employees or officials. • Complexity: Crimes may go undetected for years due to falsified records and collusion. • Detection Difficulty: Often discovered only through audits or whistleblower reports.
61
Detection & Investigation Large-scale embezzlement and fraud are often discovered during:
Corporate or Government Audits — irregularities in books. • 🗣️ Whistleblower Reports — employees reporting suspicious activity. • 📈 Financial Discrepancies — unexplained losses, declining profits.
62
Revised Penal Code (RPC) Malversation of Public Funds (Embezzlement by Public Officials) – Article 217 • Covers misappropriation of government funds/property by public officers. • Penalties escalate based on the amount:
Up to ₱40,000 → prisión correccional (medium to maximum periods). o ₱40,000–₱1.2M → prisión mayor (minimum to medium periods). o ₱1.2M–₱2.4M → prisión mayor max to reclusión temporal (minimum). o ₱2.4M–₄.4M → reclusión temporal (medium to maximum). o ₱4.4M–₈.8M → reclusión temporal (maximum); o over ₱8.8M → reclusión perpetua. In all cases, a fine equal to the amount involved and perpetual special disqualification are imposed.
63
Under Article 217, the crime is committed when a public officer:
Has custody or control of public funds or property by reason of his office. 2. Misappropriates, takes, or uses them for personal purposes. Funds belong to the government. There’s shortage or misappropriation proven by audit or demand.
64
When an employee misappropriates employer funds, it's prosecuted as eithe
Qualified Theft and Estafa (Swindling) – Articles 310 & 315
65
If property was taken without consent using grave abuse of trust.
Qualified Theft (Article 310)
66
Under Article 310, theft is qualified when committed:
By a domestic servant; or - With grave abuse of confidence/trust; or - When the stolen property is motor vehicle, mail matter, or large cattle; or - When property consists of coconuts taken from a plantation or fish from a fishpond; or - During calamity or fire.
67
Qualified Theft: punished by reclusion temporal maximum to reclusión perpetua
True
68
If initially lawfully received but then misused or diverted.
Estafa
69
four essential elements of estafa
1. Receipt of money, goods, or other personal property The offender received it in trust, on commission, for administration, or under any obligation to return or deliver it. 2. Misappropriation or conversion The offender used the property for personal purposes or disposed of it as if it were their own. 3. Prejudice or damage to another The owner suffers financial loss or damage as a direct result of the act. 4. Demand (Express or Implied) by the offended party A demand for the return/delivery of the property is made, and the offender fails or refuses to comply. In law, demand can be: Express — written or verbal request. Implied — when circumstances clearly show the property should have been returned but was not
70
Estafa: punished by prisión correccional maximum to prisión mayor minimum (4 yrs 2 mos 1 day to 8 yrs), plus fines up to double the amount defrauded.
True
71
Addresses public corruption, including bribery and misuses of public funds.
Anti-Graft & Corrupt Practices Act (Republic Act No. 3019)
72
Key prohibition acts of anti grafts and corruption
Sec. 3(a) – Persuading, inducing, or influencing another public officer to violate rules or ignore official duty. Sec. 3(b) – Directly or indirectly requesting or receiving gifts, money, or any benefit in connection with a government contract or transaction. Sec. 3(c) – Accepting any gift from someone with business or pending transaction with the government office of the public officer. Sec. 3(e) – Causing undue injury to the government or giving unwarranted benefits to any party through manifest partiality, evident bad faith, or gross negligence. Sec. 3(g) – Entering into any contract grossly disadvantageous to the government. Sec. 3(h) – Having direct or indirect financial interest in any business, contract, or transaction in which the public officer intervenes.
73
Anti graft and corruption 1–10 years imprisonment, perpetual disqualification from public office, and forfeiture of unexplained wealth.
True
74
Covers securities-related fraud such as insider trading, market manipulation, and schemes like Ponzi scams.
Securities Regulation Code (Republic Act No. 8799)
75
Trading a company’s shares based on material non-public information (Sec. 27).
Insiders trading
76
Criminalizes laundering the proceeds of illicit activities. • Cases involving large-scale fraud often involve laundering behavior.
Anti–Money Laundering Act (AMLA; RA No. 9160 and amendments)
77
Plunder (RA 7080) Graft and Corruption (RA 3019) Malversation (RPC Art. 217) Estafa (RPC Art. 315) Qualified Theft (RPC Art. 310) Large-scale Illegal Recruitment (RA 8042) Dangerous Drugs Act violations (RA 9165) Terrorism Financing (RA 10168) Securities fraud (RA 8799) Smuggling, tax evasion, environmental crimes, cybercrime, etc.
Plunder (RA 7080) Graft and Corruption (RA 3019) Malversation (RPC Art. 217) Estafa (RPC Art. 315) Qualified Theft (RPC Art. 310) Large-scale Illegal Recruitment (RA 8042) Dangerous Drugs Act violations (RA 9165) Terrorism Financing (RA 10168) Securities fraud (RA 8799) Smuggling, tax evasion, environmental crimes, cybercrime, etc.
78
Public officials must submit yearly; used to detect unexplained wealth. (RA 6713 – Code of Conduct and Ethical Standards
Statement of Assets, Liabilities, and Net Worth (SALN)
79
Addresses accumulation of ill-gotten wealth (typically ≥₱50M), prosecuted by Sandiganbayan
Plunder law 7080
80
refer to the illegal taking, destruction, or misuse of natural resources and protected lands, often in violation of environmental laws and at the expense of public interest, sustainability, and indigenous or community right
Environmental Property Crimes?
81
Cutting, gathering, collecting, transporting, or selling timber from protected forests without the required government permits. • Deforestation beyond the allowable limits, often facilitated through fake documents or briber
Illegal logging 705
82
Laws violated in anti illegal logging
Presidential Decree No. 705 – Revised Forestry Code of the Philippines • Revised Penal Code (RPC), Art. 171 & 172 – Falsification of Public Documents (if fake papers are used) • RA 3019 – Anti-Graft and Corrupt Practices Act (if bribery is involved)
83
Extracting minerals, ores, or other natural resources from unlicensed or protected areas. • Using destructive mining practices that damage ecosystems, such as mercury in gold mining, which pollutes water and soil.
Illegal mining
84
RA 7942 – Philippine Mining Act of 1995 • RA 9275 – Philippine Clean Water Act (for water pollution caused by chemicals) • RA 8749 – Clean Air Act (if air pollution from mining is proven)
Laws violated in illegal mining
85
Unlawful encroachment or acquisition of public, ancestral, or protected lands for private or commercial purposes. • Often results in the displacement of communities and destruction of ecosystems.
Land grabbing 8371
86
Laws violated in land grabbing Forging land titles or survey documents • Using armed groups to forcibly occupy land • Collusion with corrupt officials to secure fake land deeds
RA 8371 – Indigenous Peoples’ Rights Act (if the land belongs to IPs/ICCs) • Revised Penal Code (RPC) – Falsification of Public Documents (if fake titles are used) • RA 3019 – Anti-Graft and Corrupt Practices Act (if done with official collusion)
87
Illegal exploitation, construction, or activities in marine sanctuaries, national parks, wildlife habitats, or other protected zone. May involve poaching endangered species or destroying coral reefs for development projects.
Destruction of Protected Areas
88
Laws violated in Destruction of Protected Areas
RA 9147 – Wildlife Resources Conservation and Protection Act • RA 7586 – National Integrated Protected Areas System (NIPAS) Act • RA 8550 – Philippine Fisheries Code (if marine ecosystems are involved)
89
the intentional setting of fire to property.
Arson
90
involves deliberately burning property to collect insurance claims. • Common in commercial buildings, homes, warehouses, or vehicles. • Owners may hire arsonists to stage accidental fires. • Often involves falsified records, overvalued property, or planted evidence to exaggerate losses.
Arson for profit
91
Organized crime groups may use arson as: • Intimidation or coercion — to pressure rivals, silence witnesses, or terrorize communities. • Eliminating evidence — destroying incriminating documents or forensic evidence. • Retaliation or turf wars — against competitors or uncooperative businesses. • Land grabbing or eviction — burning slums or informal settlements to clear land for development.
Arson Linked to Organized Crime
92
Why is Arson a Special Crime Investigation?
Public Safety Threat — Fires can kill and injure innocent people. ✅ Economic Damage — Millions in losses, higher insurance premiums. ✅ Hidden Motives — Behind “accidents” may lie fraud, corruption, or organized crime. ✅ Requires Special Expertise — To distinguish between accidental and intentional fires.
93
Investigation Techniques Investigating arson for profit or organized crime involves specialized fire forensics and criminal analysis:
• 🚒 Fire Scene Analysis 🔎 Identifying point of origin, accelerants, tampered safety systems. • 🧪 Forensic Chemistry Testing debris for gasoline, kerosene, or other accelerants. • 📑 Financial Investigations Reviewing insurance policies, financial distress, and motive. • 👥 Witness Interviews Neighbors, employees, or whistleblowers. • 🏛️ Link Analysis Investigating ties to organized crime, prior threats, and criminal history
94
Creating false or misleading appearances of active trading to influence - prices (Sec. 24).
Market manipulation
95
Using funds from new investors to pay returns to earlier Investors, without legitimate business activity (Sec. 26).
Ponzi / Pyramid Schemes
96
Offering or selling securities without SEC registration (Sec. 8).
Selling Unregistered Securities
97
Acting as a broker, dealer, or investment adviser without SEC authorization (Sec. 28).
Operating Without a License
98
Trading a company's shares based on material non-public information (Sec. 27).
Insider trading
99
Creating false or misleading appearances of active trading to influence - prices (Sec. 24).
Market manipulation
100
Using funds from new investors to pay returns to earlier Investors, without legitimate business activity (Sec. 26).
Ponzi/ pyramid scheme
101
Offering or selling securities without SEC registration (Sec. 8).
Selling Unregistered Securities
102
Acting as a broker, dealer, or investment adviser without SEC authorization (Sec. 28).
Operating Without a License
103
Predicate Crimes under AMLA
oney laundering applies to proceeds from the following crimes, among others: • Kidnapping for ransom • Drug trafficking • Terrorism and terrorist financing • Corruption (plunder, graft, bribery) • Fraud, swindling, and large-scale estafa • Smuggling • Human trafficking • Tax evasion These predicate crimes are defined under other laws (e.g., Anti-Plunder Law, Dangerous Drugs Act, Revised Penal Code).
104
Why Compliance Matters?
Failure to effectively combat money laundering risks: • The Philippines being “gray-listed” or sanctioned by the Financial Action Task Force (FATF). • Damage to investor confidence and international reputation.
105
Memorize this
Up to ₱40,000 → prisión correccional (medium to maximum periods). o ₱40,000–₱1.2M → prisión mayor (minimum to medium periods). o ₱1.2M–₱2.4M → prisión mayor max to reclusión temporal (minimum). o ₱2.4M–₄.4M → reclusión temporal (medium to maximum). o ₱4.4M–₈.8M → reclusión temporal (maximum); o over ₱8.8M → reclusión perpetua. In all cases, a fine equal to the amount involved and perpetual special disqualification are imposed.
106
Persuading, inducing, or influencing another public officer to violate rules or ignore official duty
Section 3(a)
107
Accepting any gift from someone with business or pending transaction with the government office of the public officer.
Section 3(c)
107
Directly or indirectly requesting or receiving gifts, money, or any benefit in connection with a government contract or transaction
Section 3(b)
108
Causing undue injury to the government or giving unwarranted benefits to any party through manifest partiality, evident bad faith, or gross negligence
Section 3(e)
109
Entering into any contract grossly disadvantageous to the government.
Section 3(g)
110
Having direct or indirect financial interest in any business, contract, or transaction in which the public officer intervenes.
Section 3(h)
111
A city mayor awards a ₱50 million road construction project to ABC Builders Inc. without going through the required public bidding process. It turns out: The mayor owns 30% of ABC Builders Inc. through a relative. The contract price is ₱10 million higher than the usual market cost for such a project. The payment was released in full even though only 50% of the road was completed. The Commission on Audit (COA) report shows clear overpricing and conflict of interest. Violations are punishable by: o 1–10 years imprisonment, perpetual disqualification from public office, and forfeiture of unexplained wealth. What law is violated?
Anti-Graft & Corrupt Practices Act (Republic Act No. 3019)
112
Trading a company's shares based on material non-public information
Insider trading (Sec. 27).
113
Market Manipulation - Creating false or misleading appearances of active trading to influence - prices
Sec 24
114
Ponzi / Pyramid Schemes - Using funds from new investors to pay returns to earlier Investors, without legitimate business activity
Section 26
115
Selling Unregistered Securities - Offering or selling securities without SEC registration
Section 8
116
Operating Without a License - Acting as a broker, dealer, or investment adviser without SEC authorization
Section 28
117
to pressure rivals, silence witnesses, or terrorize communities.
Intimidation or coercion
118
destroying incriminating documents or forensic evidence.
Eliminating evidence
119
against competitors or uncooperative businesses.
Retaliation or turf wars
120
burning slums or informal settlements to clear land for development.
Land grabbing or eviction
121
Predicate Crimes under AMLA
• Kidnapping for ransom • Drug trafficking • Terrorism and terrorist financing • Corruption (plunder, graft, bribery) • Fraud, swindling, and large-scale estafa • Smuggling • Human trafficking • Tax evasion These predicate crimes are defined under other laws (e.g., Anti-Plunder Law, Dangerous Drugs Act, Revised Penal Code).
122
Up to P40,000
prisión correccional (medium to maximum periods).
123
P40,000-P1.2M
prisión mayor (minimum to medium periods).
124
P1.2M-P2.4M
prisión mayor max to reclusión temporal (minimum).
125
P2.4M-4M
reclusión temporal (medium to maximum).
126
P4.4M-8M
reclusión temporal (maximum);
127
over P8.8M
reclusión perpetua. In all cases, a fine equal to the amount involved and perpetual special disqualification are imposed.