Business Law Ch 6

The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. Assume that it turns out that Phil was an undercover FBI agent and that it was his idea that Dale violate the FCPA. Dale does do so. What would Dales best defense to criminal liability be? Duress. Mistake. Entrapment. Dale would have none of these defenses.

Entrapment

The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. If Phil were to be found to be in violation of the FCPA, what standard of proof would be needed for a criminal conviction? Proof beyond a reasonable doubt. Clear and convincing evidence. Proof beyond all doubt. Preponderance of the evidence.

Proof beyond a reasonable doubt.

The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. Suppose that a whistleblower in the company alerts the FBI about Phil and Dales plan. The FBI, without a warrant searches the company's offices and finds evidence that Phil and Dale violated the FCPA. Which of the following is true? The evidence would most likely be able to be used in a prosecution against Phil and Dale. The evidence most likely would not be able to be used in a prosecution against Phil and Dale, because of the Fourth Amendment to the Constitution. The evidence most likely would not be able to be used in a prosecution against Phil and Dale, due to the Miranda rule. The evidence would never be able to be used in a prosecution against Phil and Dale, due to the exclusionary rule.

The evidence most likely would not be able to be used in a prosecution against Phil and Dale, because of the Fourth Amendment to the Constitution.

The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. The fact that one could be punished by over a year in prison makes a violation: a state crime. a federal crime. a felony. a misdemeanor.

a felony.

The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. If a grand jury were to meet and officially charge Phil with a violation of the FCPA, the official charging of the crime would be called: an information. a formalizing. an indictment. an inquisition.

an indictment.

The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. Under the FCPA, like most crimes the prosecutor would have to show: mens rea only. neither mens rea nor actus reus. actus reus only. both mens rea and actus reus.

both mens rea and actus reus.