Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) a superfund was created which provides funds for the clean up of pre-existent hazardous waste sites. Although most of the litigation under CERCLA is civil in nature, criminal charges under CERCLA do exist. The potential criminal charges concern the reporting requirements for releases of hazardous substances.
When an accused has been charged with an offense, he has a choice of whether to enter a not guilty, a no contest, or a guilty plea. A not guilty plea is a plea in which the accused does not accept responsibility for the charged offense. After the accused has entered a not guilty plea, the matter is set for trial. Pre-trial procedures and trial preparations then begin.
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.
Check kiting is a crime that involves one or more individuals who utilize checking accounts at two or more financial institutions. The purpose of using two or more institutions is for the systematic exchange of checks written in similar amounts. The individual uses the lag time that it takes to clear checks through the Federal Reserve System to use and collect the money.
The PATRIOT Act provides federal and international agencies with the ability to track and intercept oral, written, and electronic communications.
