BLAW-2200 Chapter 6

Forgery is a type of ______.

fraud

Actus reus means ______.

guilty act

Less serious crimes punishable by fines and/or imprisonment for up to or less than one year are which of the following?

Misdemeanors.

Prior to an arrest, ______ may conduct criminal investigatory proceedings or issue a subpoena for company records.

grand jury

Which of the following must the government demonstrate to punish an individual for criminal behavior?

actus reus and mens rea

True or false: In 1991, there was a shift to determinate sentencing, under which federal sentences are determined largely by sentencing guidelines prescribing a specific range of possible penalties for each crime.

True

Which of the following is an accurate statement regarding extortion and bribery?

While bribery is offering something to obtain a desired result, extortion involves a threat if the victim does not give money or property.

Unlike in a civil procedure, the ______ always brings the criminal case in a criminal procedure.

prosecutor

The Racketeer Influenced and Corrupt Organizations Act prohibits persons employed by or associated with an enterprise from engaging in a pattern of ______ activity.

racketeering

Until recently, the most economically destructive computer crime to date was the creation of the ______ virus, which spread rapidly in May 2000.

Love Bug

______ was originally enacted to combat organized crime.

The Racketeer Influenced and Corrupt Organizations Act

Which of the following is an accurate statement regarding a bench trial?

If the defendant waives the right to a jury, the case will be a bench trial.

Which of the following is not one of the essential elements required for criminal fraud liability?

The defendant fails to do what a reasonable person would have done under the same or similar circumstances.

______ is the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust.

Bribery

The Foreign Corrupt Practices Act allows the government to prosecute those who ______ foreign officials.

bribe

White-collar crimes occur most frequently in the ______ context.

business

Embezzlement usually occurs when a(n) ______ steals money.

employee

Criminal ______ involves an individual intentionally using some sort of misrepresentation to gain an advantage over another person.

fraud

Criminal proceedings generally begin when an individual ______ a crime.

is arrested for

Bribery of a public official is a Blank______ offense under federal law.

statutory

______ crimes are nonviolent illegal acts against society.

White-collar

When a judge is the fact-finder in a case, the trial is called a(n) ______ trial.

bench

Strict-liability offenses are ______.

offenses for which no mens rea is required

If an employee realizes that their employer is committing fraud against the government and the government chooses to intervene and prosecute the case itself, with the help of the employee, the citizen would receive what percent of the amount recovered?

25

A crime punishable by imprisonment for more than one year in a penitentiary or by death is which of the following?

A felony.

______ is the wrongful conversion of another's property by one who is lawfully in possession of that property.

Embezzlement

The purpose of the ______ is to combat the bribery of foreign officials.

Foreign Corrupt Practices Act

______ is the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

Forgery

Felonies Misdemeanors Petty offenses

Punishable by imprisonment for more than one year in a penitentiary or by death Punishable by fines and/or imprisonment for less than one year Petty offenses Punishable by a jail sentence of less than six months or a small fine

Under Sarbanes-Oxley, failure maintain proper records of audits and work papers for a specified period is punishable by imprisonment for up to how long?

Ten years.

True or false: In a criminal proceeding, the government files the charges against a defendant.

True

True or false: Strict-liability offenses are offenses that do not require state of mind.

True

The purpose of ______ law is to punish an offender for causing harm to public health, safety, or morals.

criminal

A computer crime can be committed by a corporate insider, such as an employee, or by an outsider, such as a(n) ______.

hacker

A(n) ______ is a person who illegally accesses or enters another person's or a company's computer system to obtain information or steal money.

hacker

Commercial bribery includes a bribe in exchange for new information or ______.

payoffs

Which of the following does not constitute bribery?

rejecting a bribe

Which of the following is not one of the three federal laws that have aided in the fight against business-related crimes?

the Bush-Cheney Doctrine

What is the purpose of the law against the statutory offense of "bribery of a public official"?

to maintain the integrity of the government

A computer ______ is a computer program that rearranges, damages, destroys, or replaces computer data.

virus

If an employee realizes that their employer is committing fraud against the government and the government does not opt to get involved, and the citizen continues with the case on behalf of the government, the citizen receives what percent of the amount recovered?

30

Extortion is also known as ______.

blackmail

Sarbanes-Oxley has extended the statute of limitations regarding the discovery offraud to ______ years from the date of discovery of the fraud and ______ years from the criminal act.

two; five

RICO, the False Claims Act, and the Sarbanes-Oxley Act of 2002 are all powerful ______ crime laws.

white-collar

Which of the following is an inaccurate statement regarding state whistle-blower protection laws?

Almost all states protect employees who choose to go to the media with their reports of employer wrongdoing.

______ bribery includes a bribe in exchange for new information or payoffs.

Commercial

Which of the following is an accurate statement regarding state whistle-blower protection laws?

Currently, 47 states have whistle-blower protection laws for either public or private sector employees or both.

Identify the true statements regarding posttrial procedure in criminal proceedings. (Check ALL that apply.)

Judges are given certain factors to consider in sentencing, such as the defendant's criminal record. The guidelines for judges to consider in sentencing for white-collar crimes have been established.

Which of the following is an accurate statement regarding criminal procedure versus civil procedure?

The U.S. Constitution provides more express protections for a criminal defendant than for a civil defendant.