chap 6 B.law (ash deck)

Which of the following is not an example of a fraudulent crime?

False imprisonments

In a criminal trial The _____ Has the burden of proof

Prosecutor

______ is generally the illegal buying or selling of a corporation's stock or other securities by a corporate insider, in breach of a fiduciary duty or some other relationship of trust and confidence, while in possession of material, nonpublic information about the security.

insider trading

So according to the US department of justice the decision to prosecute at the federal level depends on which of the following factors

Whether prosecuting the case causes federal interest

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.

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

true

____[ is a procedure during which the name of the defendant and the alleged crime are recorded in the investigating agencies or police department records

Booking

The responsibility imposed on the person for damages caused by another is known as

vicarious liability

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

criminal

A______ is a person who illegally accesses or enters another persons or company's computer system to obtain information or steal money

Hacker

______ was originally enacted to combat organized crime.

The Racketeer Influenced and Corrupt Organizations Act

Types of Affirmative Defenses

entrapments, insanity, infancy, necessity, justifiable use of force, Duress, intoxication, Mistake of fact

Why is a report of profitability from Dunn and Bradstreet a false assurance that an investment opportunity is not fraudulent

Done and Bradstreet does not do an independent financial audit the company's process

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.

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

True

identify the true statement regarding post trial procedure in criminal proceedings

judges are given certain factors to consider in sentencing such as a defendant's criminal record The guidelines for judge to consider in sentencing for white collar crimes have been established

During which decade was the Sarbanes-Oxley Act passed?

the 2000s

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

Actus reus means ______.

guilty act

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

payoffs

False ______ is the illegal obtaining of property belonging to another through materially false representation of an existing fact, with knowledge of the falsity of the representation and with the intent to defraud.

pretense

During which decade was a counterfeit access device and computer fraud and abuse act passed

1980s

Since ______, private citizens have been using the False Claims Act to sue employers on behalf of the government for fraud against the government.

1986

In which year was the mail fraud act passed

1990

_____ is the amount of money a defendant must pay the court on released from custody I security that he or she will return for trial

Bail

Which of the following is not a type of computer crime

One That generates proceeds for an eventual computer purchase

Attorneys in the criminal division of the computer crime and intellectual property section of the US department of justice prosecute

Only federal computer crimes

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

actus reus and mens rea

Which of the following does not constitute bribery?

rejecting a bribe

Illegal insider trading typically involves the buying and selling of ______.

securities

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

statutory

A_____ issues the arrest warrant

Magistrate

with regard to an investment opportunity which of the following is not a commonly recognized red flag suggesting fraud

Stock in a small company that is not listed Small company that is funded by venue capitalist offering an investment opportunity

Which of the following is an example of pretexting

A person calling and pretending to be an employee from your bank

During a_____ defendant is advised of the pending charges the right to counsel on the right to trial by jury and he or she enters a plea to the charge

Arraignment

Criminal proceedings generally begin when an individual________ A crime

Is arrested for

The burden of proof in a criminal trial has two elements

The bird in the production of evidence and the burden of persuasion

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.

Which of the following federal administrative agencies investigates and pursues punishment for stock option backdating

The securities and exchange commission

Suppose Jim goes door-to-door selling vacuum cleaners at an amazing discount. To obtain the discount, customers must pay immediately, and the vacuum cleaner will be delivered to them in three to five business days. However, Jim possesses no vacuum cleaners and does not plan to deliver any. Jim has committed the crime of ______.

false pretense

stock option backdating

occurs when an employee falsifies documents to make it appear as if the company had granted options on certain dates

Strict-liability offenses are _____.

offenses for which no mens rea is required

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

prosecutor

It is grand jury issues and indictment a defendant appears in court to answer the indictment in the proceeding called D

Arraignment

A law enforcement officer should obtain a _____ warrant before an individual is taken into custody

Arrest

A law enforcement officer should obtain a(n) warrant before an individual is taken into custody

Arrest

Which of the following is an accurate statement regarding computer crimes

Computer crimes are often difficult to prosecute particularly since they are difficult to detect

National national information infrastructure protection act of 1996 amended the

Computer fraud and abuse act

Which criminal offense occurs when a person obtains money property and or services from another by wrongfully threatening or inflicting harm on the other person

Extortion

Pursuant to the __________ Act, an employee who reports an employer for fraud against the government retains a share of the recovery as a reward for his or her efforts.

False Claim

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

Foreign Corrupt Practices Act

And indictment is a finding by a_____ that there is adequate evidence to charge a defendant

Grand jury

A computer crime can be committed by a corporate insider such as an employee or by an outsider such as an

Hacker

A cyber terrorist is a computer

Hacker

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

In a bench trial, the defendant has waived his or her right to a jury trial.

If a grand jury agrees that a prosecutions evidence against the defendant is adequate it issues a

Indictment

document that demonstrates there is enough evidence to change the defend it and bring him or her to trial

Information

According to the mail fraud act of 1990 which of the following is an essential element to prove mail fraud

Intent to defraud

Which of the following is an accurate statement regarding the written document information in a criminal procedure

It is prepared by prosecutor and present it to a magistrate

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

Love Bug

A______ is the lowest ranking judicial official

Magistrate

A______ is an agreement in which the prosecutor agrees to reduce charges dropped charges or recommend a certain sentence if the defendant pleads guilty

Plea-bargain

A_____ is a fraudulent operation in which the operator an individual or organization pays returns to its investors from new capital paid to the operations by new investors rather than from profit earned by the operators

Ponzi scheme

_______ is using or causing others to use false pretenses, fraudulent statements, fraudulent or stolen documents or other misrepresentation to obtain the telephone records of another

Pretexting

According to that_______The decision to prosecute at the federal level depends on whether the evidence is sufficient to obtain a conviction and whether prosecuting the case serves a federal interest

Principle of federal Prosecution

During a defendants first appearance the judge determines whether there was_______ for the defendants arrest

Probable cause

_____ is any essential element and or standard by which a lawful officer may make a valid of us conduct a personal or property search or obtain a warrant

Probable cause

A major way the national information infrastructure protection act of 1996 amended the computer fraud and abuse act was a substitution of the term_______ computers for federal interest computers that the statute now protects any computer attached to the Internet

Protected

The racketeer influence and corrupt organization at prohibits persons employed by or associated with an enterprise from engaging in a pattern of_______ activity

Racketeering

Which of the following is done if a magistrate determines that probable cause did not exist for the defendants arrest during the first appearance

The defendant is released

Which of the following is not an option available to the prosecutor and the defendant in a plea bargain agreement

The prosecutor agrees not to pursue the related civil case of the defendant pleads guilty

To demonstrate bribery of a public official the government must show all but which of the following elements

The public official had served in his or her position for three years or longer

What is the principal reason for bail

To ensure that the defendant will return for trial

(True or False) In a criminal trial society is seen as the victim where as in a civil trial involves an individual victim or victims

True

In attempt to aid prosecution of computer crimes the________ formed the computer crime and intellectual property section in its criminal division

US department of justice

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

Virus

How is embezzlement distinguishable from larceny?

With embezzlement, the defendant does not take the property from another; instead, the defendant is already in possession of the property.

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

bench

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

bribe

______ 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

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

business

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

embezzlement

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

forgery

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

fraud

Forgery is a type of ______.

fraud

Extortion is also known as...

to blackmail

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

to maintain the integrity of the government

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

true

______ crimes are nonviolent illegal acts against society.

white collar

The Sarbanes-Oxley Act of 2002 intends to limit ______.

white collar crime

according to Miranda rights which of the following is not one of the fact that a law enforcement officer needs to inform a defendant before questioning

you have the right to an attorney but only after law enforcement authorities have a questioned you