L201 CH. 7
25 years in prison
Securities fraud
The requirement for burglary is met whenever a person ______.
enters a building without the owner's consent and with intent to commit a wrongful act
The key distinction between larceny and robbery is that larceny does not require: _______.
force
Before 1991, federal criminal sentencing was ______ with judges allowed -- but not required -- to engage in free-form fact finding before selecting the appropriate punishment within broad statutory ranges.
indeterminate
In order to avoid publicity, a defendant facing a federal felony charge may ______ the grand jury hearing and allow the charges to be offered by information.
waive
The Fourth Amendment to the United States Constitution typically requires that officials obtain a(n) ______ before searching a home or business.
warrant
The ______ Amendment protects against any state depriving any person of life, liberty or property.
14
The amendment to the United States Constitution which reads that no state shall deprive any person of life, liberty, or property without due process of law is the __________ Amendment.
14
Securities fraud, under Sarbanes-Oxley, is a felony punishable by ______ in prison.
25 years
Which of the following is true about computer viruses? (Check all that apply.)
A virus destroys, rearranges, and/or damages computer data. An effective virus will locate a computer user's email address book and then email itself to other computers through the email system.
The ______ Amendment protects against excessive bail.
Eighth
In U.S. v. Park, which of the following responsibilities did the defendant Park failed to fulfil, thereby enabling the government to establish a prima facie case? (Check all that apply.)
He failed to prevent the violation. He failed to promptly correct the violation.
Indictment
Issued by the grand jury based presentation of evidence by the prosecutor
Amanda Jones was on trial for smothering her child with a pillow. She testified that she saw flames around the child's body and was trying to extinguish those flames. The jury found that Jones was not guilty by reason of insanity because she did not understand the nature of her act, applying the: _______.
M'Naghten test
The _______ also bans the use of wire, radio, and television transmissions to defraud the public, and now includes commercial carriers and courier.
Mail Fraud Act of 1990
Which of the following scenarios most likely exemplifies unlawful appropriation of data or services? (Check all that apply.)
Megan, who works for an accounting firm, runs her private tax consultancy using the laptop provided by her employer.
Which of the following are criminal cases? (Check all that apply.)
The U.S. Attorney's office has filed charges against an individual for tax fraud. The EPA has filed charges against Mavrex Corp. for illegal disposal of chemicals.
Abigail Jones was on trial for fraud and embezzlement. Her criminal conduct had resulted in hundreds of senior citizens losing their entire retirement investment. She was convicted by a twelve member jury, nine of whom were over the age of sixty. If Abigail Jone's attorney were to file an appeal claiming the trial violated the Sixth Amendment, which specific provision would likely apply?
The right to a trial by an impartial jury
The Bill of Rights are amendments to the ______.
U.S. Constitution
Up to 10 years in prison
Willful failure to maintain audit records and work papers
Officer Mills was provided with a search warrant to search a suspect's home. During the search, he found illegal narcotics. Later, Officer Mills learned that the search warrant was not supported by a properly authenticated affidavit. Should the narcotics be admissible at trial?
Yes, if Officer Mills acted in good faith.
commerical bribery
a bribe in exchange for information or payoffs
James is facing up to five years in federal prison for health care fraud. Given the potential sentence, James is entitled to: _______.
a jury trial
One of the elements of a crime is a guilty act, otherwise known as: _______.
actus reus
The government must prove wrongful behavior to punish a criminal offender. This element is also known as: _______.
actus reus
Jacob, CEO of Mavrex Corporation, was being charged with violating the Securities and Exchange Act. The primary prosecution witness could not be located by the prosecuting attorney. If the main witness does not appear at trial, Jacob can claim violation of his Sixth Amendment right to: _______.
confront witnesses
______ is a scheme in which companies bill consumers for optional services they did not order.
cramming
Before prosecuting at the federal level, the government will decide if the ______ is sufficient to obtain a conviction.
evidence
The ______ rule holds that all evidence obtained in violation of the constitutional rights spelled out in the Fourth, Fifth, and Sixth Amendments to the United States Constitution is not normally admissible at trial.
exclusionary
When a jury considers insanity as a defense to a criminal charge, the testimony of ______ is required.
experts
______, otherwise known as blackmail, is the making of threats for the purpose of obtaining money or property.
extortion
Mistake of ______ as an affirmative defense undermines the prosecution's ability to prove the required element of intent.
fact
True or false: A criminal defendant is not entitled to each and every protection of the Sixth Amendment. A defendant must choose which right, among those listed in the body of the amendment, should apply.
false
True or false: A defendant's constitutional right to a jury trial when charged with a felony cannot be waived.
false
True or false: Only the use of fire in burning down the dwelling of another is sufficient to charge a suspect with arson.
false
A grand jury indictment is constitutionally mandated in all: _______.
federal felony cases
Although white-collar crime does not involve physical violence, there are still significant ______ and ______ costs that result from such conduct.
financial social
In the United States, white collar crimes: _______.
happen often
The Department of Justice has said that ______ is its top priority.
health care fraud
Which of the following is not a typical impact of a virus on a computer?
improve the speed of the computer
Potential defenses a criminal defendant may raise to offset the criminal element of intent and avoid conviction are: _______. (Check all that apply.)
infancy duress mistake of fact
The buying and selling of a security, in breach of a fiduciary duty, while in possession of material, nonpublic information about the security is known as: _______.
insider trading
After leaving a friend's house, Jonathan accidentally drops his cigarette butt on the front porch. The cigarette butt starts a fire. It is likely that Jonathan will not face an arson conviction because there was no: _______.
intent
Successful prosecution of a defendant for false pretenses requires proof of a(n) ______ to relieve another of their property by false representation.
intent
During an office holiday party, Jacob puts a drug into the drink of Mark, the manager, who becomes incoherent. Mark leaves the party, removes $1,000 from petty cash, and spends it on personal items that evening. When Mark is charged with embezzlement, he may be able to raise the defense of ______ intoxication.
involuntary
fraud
knowingly misrepresenting the value of a piece of artwork to secure a higher price
In many judicial settings, the judicial officer is called a(n)
magistrate
The lowest ranking judicial officials are known as
magistrate
The CEO of Orion Chemical Company took money that was intended to be used for bonuses. To find the CEO criminally responsible, the government must prove that the CEO acted with a(n) _______.
means rea or "guilty mind"
To prove ______, the government must prove that the defendant acted with purpose, knowledge, recklessness, or negligence, depending on which of these states of mind is required by the law defining the relevant criminal offense.
mens rea
Duress, as a defense, is appropriate when an individual commits a crime under the threat of serious bodily harm, but only when the threat of harm is: _______.
more serious than the crime threatened
_______ a defense to a crime, says the crime was necessary to prevent a more severe crime from occurring.
necessity
Computer crime is best described as a(n): ________.
new way of committing traditional crimes, like fraud and distributing pornography
During her arraignment on federal fraud charges, Abigail Price considered the impact of her plea on the civil fraud case that was also pending against her. Given these circumstances, her attorney advised that she plead: ______.
nolo contendere
If the defendant pleads ______ during the arraignment, the case is heard by a petit jury.
not guilty
Depending upon the jurisdiction, a state may define insanity as lacking substantial capacity due to a mental defect, or: _______. (Check all that apply.)
not knowing the difference between right and wrong acting under an irresistible impulse
false token
passing counterfeit twenty dollar bills
bribery
paying an investigator with the EPA $5,000 to overlook documentation requirements associated with the use of certain chemicals
A landlord's failure to have working smoke detectors in a residential apartment building would likely be classified as a(n) ______ offense
petty
A(n) ______ is an agreement in which a prosecutor agrees to reduce or drop charges if the defendant pleads guilty.
plea bargin
Jarrod went out one evening into an area of town known for the availability of prostitution. As he strolled down the street looking around for companionship, a woman approached and offered to provide services. Unbeknownst to Jarrod, the woman was an undercover police officer. Jarrod offered to pay her $100 for sex. Jarrod will not be successful in raising entrapment as an affirmative defense because, under the circumstances, he was ______ to commit the act.
predisposed
Although there may be a marketing value in determining consumers' calling habits, using false statements to uncover phone records is an invasion of privacy and a type of criminal fraud called: ______.
pretexting
A suspect will be released by the magistrate if the initial arrest was not supported by: _______.
probable cause
To obtain a search warrant in order to inspect business records, the government must demonstrate: _______.
probable cause
Which of the following is not one of the three main provisions of the Fifth Amendment to the United States Constitution?
prohibits cruel and unjust punishment
The commission of a crime, in and of itself, does not mean that a defendant faces prosecution in federal court. Before proceeding, a federal prosecutor usually considers whether: ______. (Check all that apply.)
prosecuting the case serves a federal interest the evidence is sufficient to obtain a conviction
The Racketeer Influenced and Corrupt Organizations Act (RICO) has been an effective federal statutory tool in addressing: _______. (Check all that apply.)
provision of illegal goods and services securities fraud bribery
If a builder offers the local building inspector a discount on construction services while the builder's occupancy permit is still pending, the builder has committed: _______.
public official bribery
Which of the following conduct constitutes criminal fraud?
purposely overstating earnings to inflate stock values in a company
A successful fraud prosecution must include sufficient proof of the victim's ______ reliance on the defendant's false representation.
reasonable
Defending oneself against a physical attack is justifiable, so long as the force used is: _______.
reasonable
Most states define ______ as the forceful and unlawful taking of personal property.
robbery
Wrongfully taking someone's property, with the use of force or fear, is referred to in most jurisdictions as: ______.
robbery
forgery
signing your name on another's check made out to cash and presenting it for payment
Liability without fault is also referred to as ______ liability.
strict
For most crimes, there are ______ elements that must be proven by the government.
two
Unlike information, indictment is a ______.
written accusation against the defendant presented by a grand jury
Most constitutional safeguards designed to protect criminal defendants are found in ________.
the bill of rights
Joe is the President of Shake Corp., Inc. and while Joe was conducting business with a Shake Corp. client, he murdered the client because the client was going to steal Shake Corp.'s secret formula for making milk shakes. The only punishment for murder is imprisonment. What is most likely to happen?
Joe will be charged with murder
Which of the following must be shown to hold a corporation criminally responsible for the actions of its employees? (Check all that apply.)
The employee was acting within the scope of his or her employment. The employee was acting with the purpose of benefiting the corporation.
Norman points a shotgun at John and demands that John turn over the keys to his car. In most states, Norman would be charged with ______
aggravated robbery
______ is the intentional burning of another's dwelling.
arson
Before filing for bankruptcy protection under federal law, John transfers his retirement savings to his sister Elizabeth and asks that she act as sole legal owner of the funds. John has committed: _______.
bankruptcy fraud
______ can occur when a debtor hides assets from the court or a creditor files a false claim against the debtor.
bankruptcy fraud
John threatens to burn down Jacob's house in six months time if Jacob does not steal trade secrets from the software company where he is employed. Jacob steals the trade secrets and is charged with violating several criminal statutes. Jacob ______ successfully raise the affirmative defense of duress to avoid conviction.
cannot
Submitting false ______ to insurance companies seeking reimbursement for medical treatment is known as health care fraud.
claims
Which method of communication is not covered by the Mail Fraud Act?
Examples of white collar crimes include: _______. (Check all that apply.)
embezzlement fraud
Caroline Jones takes some very expensive jewelry from a store. The next day, Caroline sells the jewelry at the local pawn shop, receiving $15,000 for it. In removing the jewelry from the store, Caroline has most likely committed: _______.
grand larceny
The President of ARC Corporation asked his 16-year-old summer intern, Jarrod, to send out a bulk mailing designed to entice consumers to provide sensitive financial information to the company for use in a credit scheme. If Jarrod is charged, along with other corporate executives, for mail fraud, Jarrod's attorney should raise the defense of: _______.
infancy
Individuals who are under the age of majority are known under the law as: ______.
infants
To prove mail fraud, the government must demonstrate the ______ and the use of mail to further the fraudulent scheme.
intent to defraud
Identify the true statements about unlawful appropriation of data or services. (Check all that apply.)
it involves the use of computer by an employee that is not authorized by the employer it includes the use of office computers by employees to run their personal businesses
Heading to the office break room for a cup of coffee, Mary absentmindedly forgets to put her iphone in the top desk drawer and lock it. While delivering office supplies, a co-worker removes the iphone from the desk and puts it in his pocket. Mary's co-worker has most likely committed: ______.
larceny
When a doctor commits health care fraud at the expense of patients, criminal penalties could include: _______.
loss of medical license
Raising the defense of necessity against criminal charges would likely be appropriate where the defendant: _______. (Check all that apply.)
pushed a man out of the path of an oncoming car broke into a car to remove a child who had been left in a parking lot
Davis, CEO of Meatpacking, Inc., hired a company to conduct regular inspections of the company plants. The contract price for these inspections was markedly lower than the firms Davis had worked with in the past. Despite the significant price difference, Davis did not check the inspection company's references. Davis and Meatpacking, Inc. were later charged with criminal violations of the Food and Drug Act. Davis raised the defense of mistake of fact; however, the jury found Davis guilty because his claimed mistake was not: _______.
reasonable
Criminal fraud requires an intent to deceive, which is also known as: _______.
scienter
Telemarketing schemes that are designed to bill customers for services they don't receive is known as cramming. The most susceptible targets of such schemes are often: ______.
senior citizens
Foreign Corrupt Practices Act (FCPA)
serves to combat bribery of foreign officials
health care fraud
submitting a claim for reimbursement under a patient's health insurance when the patient did not receive any such services
extortion
telling the local mayor that you will disclose her extramarital affair unless she offers you a job in her cabinet
Using false pretenses to obtain confidential telephone records can result in a prison sentence of up to ______ years.
ten
Which of the following is true about computer crimes? (Check all that apply.)
they are easy to commit because computer systems are vulnerable to attack they are difficult to detect
The key distinction between blackmail and bribery is the presence of some form of: ________.
threat
In which of the following situations is the use deadly force unjustifiable?
to protect property
True or false: Using television to defraud the public is a violation of the Mail Fraud Act of 1990.
true
Corporate managers can be held legally responsible for crimes committed by lower-level employees under the ______.
vicarious liability doctrine
When a United States corporation provides financial incentives to officials in foreign countries in order to avoid local taxes, that corporation has: _______.
violated the FCPA
Actus reus is also known as ______ behavior.
wrongful
Which act was created to specifically combat white-collar crime?
Sarbanes-Oxley
Which of the following protections does the Eighth Amendment of the Constitution offer? (Check all that apply.)
Cruel and unusual punishments shall not be inflicted. Excessive bail shall not be required. Excessive fines shall not be imposed.
Up to 20 years in prison
Destruction of documents during a federal bankruptcy investigation
Tito tells Sam that he knows about a great investment opportunity in a new computer company. As a result, Sam gives Tito a check for $10,000 made out to Compu-Plus, the new computer company. Compu-Plus is actually Tito's company, and Tito deposits the check in his personal checking account and immediately withdraws $9,500 in cash which he uses as a down payment on a luxury car. Tito has committed what crime?
Embezzlement, because he lawfully had possession of Sam's money and then converted it for his own use.
An employee who chooses to file suit against their employer for defrauding the government under the _______ Claims Act will receive protection from employer retaliation as a whistleblower.
False
Which of the following acts protect an employee from retaliation when the employee report fraud against the government?
False Claims Act
Identify the differences between criminal and civil cases. (Check all that apply.)
In criminal cases, the government is the prosecutor, whereas in civil cases, the plaintiff can be an individual. In criminal cases, the objective is punishment, whereas in civil cases, the objective is to remedy a wrong done to the plaintiff.
On a particularly busy New Year's Eve, a local liquor store sold a six pack of beer to a 19-year old customer. The liquor store was criminally charged under local law. The owner of the store claimed there was no criminal liability because the clerk did not know the customer was under 21. Is this a valid defense?
No, because the liquor store is strictly liable for selling alcohol to a 19-year old.
Information
Presented to the magistrate by the prosecutor, stating the relevant facts and the legal violation
Which of the following is a federal crime-fighting law?
RICO
With respect to imposing criminal responsibility on a corporate officer under the FDA, the United States Supreme Court has held that: _______.
a corporate officer can be found criminally responsible when that officer fails to fulfill a legal duty to correct potential violations of law.
A successful RICO action must contain evidence of: _______.
a pattern of racketeering
Legal excuses for criminal behavior are known as ______ defenses.
affirmative
During the initial appearance before a magistrate, John plead innocent to the larceny charges leveled against him. In order to ensure that John was present for subsequent court appearances, the magistrate had the option of sending John to the county jail while the case was pending or setting ______, that is, a sum John would pay the court as security for his appearance.
bail
The amount of money defendants pay the court on release from custody as security that they will return for trial is known as ______.
bail
The Supreme Court has held that as long as the message to a suspect is clear that he or she has the right to counsel and need not answer questions without counsel, the Miranda warning is: ______.
constitutional
In Arizona v. Fulminante, the United States Supreme Court held that a(n) ______ confession can be ignored and treated as nonprejudicial at trial if the other evidence is sufficient to obtain a conviction.
coreced
RICO's prohibition against using funds from criminal activity to purchase or participate in other business enterprises renders it more difficult for legitimate businesses to act as a front for: _______.
criminal enterprises
The plea bargain mechanism is generally considered to benefit the: _______. (Check all that apply.)
defendant court prosecution
In the federal court system, sentencing is ______ -- that is, judges are provided a specific range of penalties for a particular crime.
determinate
Marcus was scheduled to attend a business conference on behalf of his employer. Before leaving for the conference, Marcus was given $500 out of petty cash for travel incidentals and meals. He did not, however, attend the conference and pocketed the $500. If Marcus' employer discovers this, Marcus will likely be charged with: _______.
embezzlement
Jacob claimed that he falsified records submitted to the EPA only because an investigator encouraged him to do so in order to avoid missing a critical deadline. The investigator suggested that Jacob may lose his job if the records were not submitted on time. If Jacob is prosecuted for violation of federal and state criminal statutes, he may be able to assert the defense of: _______.
entrapment
True or false: John had too many drinks at the local bar and, while driving home, struck and injured a pedestrian. When John is charged with operating under the influence, he can raise the defense of involuntary intoxication to avoid criminal responsibility.
false
True or false: John has invited his friend, James, back to his place of business for a meeting. While he is there, James takes some cash off of John's desk. James has committed the crime of burglary.
false
True or false: There is equal and consistent enforcement of anti-bribery laws in other countries.
false
Typically, a petty offense carries a penalty of at least a year in prison.
false
James agreed to sell John his automobile for $400. On the day of delivery, John wrote James a check and took possession of the car. Knowing there were insufficient funds to cover the check, John took possession of the car and left the state. John can be prosecuted for which type of criminal fraud?
false pretenses
Obtaining another's property by false representation is known as ______.
false pretenses
Acting on inside information in the purchase or sale of company stock, or insider trading, involves a breach of a(n) ______. (Check all that apply.)
fiduciary duty relationship of trust
Typically, after a suspect is arrested and booked, the sufficiency of probable cause for the arrest is raised during the defendant's first appearance before a(n): _______.
magistrate
In New York v. Quarles, the United States Supreme Court created a(n) ______ exception that allows statements to be used at trial, even if the a person was not informed of his or her Miranda rights, if the need to protect the public is served by the admissibility of the statements in question.
public safety
John Jones, owner and CEO of Mavrex Corporation, was facing federal felony charges associated with misrepresenting his earnings statements in SEC filings. Jones' attorney strongly urged him to enter into a plea bargain with the prosecution to avoid the negative ______ that would accompany a trial.
publicity
Serious and costly business scandals led to the passage of a federal statute known as the Sarbanes-Oxley Act. One specific industry targeted by the Act is: _______.
registered public accountants
Arresting officers must be sure to comply with Miranda v. Arizona, which requires advising the individual being arrested that they have the right to: _______. (Check all that apply.)
remain silent an attorney
false pretenses
representing to another that you are authorized to accept company funds when you are, in fact, not
The Fifth Amendment to the United States Constitution provides protection against: _______. (Check all that apply.)
self-incrimination double jeopardy
Agent Don Smith of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives has a reasonable suspicion that a small printing business in the downtown area is selling handguns without a license. In order to arrest the owner, Agent Smith will have to: _______.
show probable cause exists to obtain an arrest warrant
In a criminal trial, who is viewed as the victim?
society
public official bribery
something of value offered to influence a judgement
In order to obtain corporate records during a criminal investigation, it is usually necessary to obtain a(n) ______ from the grand jury.
subpoena
The application of vicarious liability to impose criminal penalties on corporate executives when subordinates break the law finds its support in: _______.
the responsible corporate officer doctrine
An arresting officer need not obtain an arrest warrant when: _______.
there is probable cause and no time to obtain a warrant