Connect Chapter 13 - BUSA 2106

Identify an example of fraud.

A person signing another person's name on a legal document

Identify the true statements about cyber crime.

A person who intentionally accesses a computer without authorization to obtain protected information is subject to criminal prosecution. Cyber crime is more difficult to detect than crimes that preceded the Internet.

Identify an example of a kickback.

An employee paying money to his or her manager for facilitating his or her promotion

Identify an example that illustrates obstruction of justice.

An individual hiding the weapon used in a crime before the arrival of investigators

Which of the following are ensured by the Eighth Amendment of the U.S. Constitution?

Bails should be high enough to discourage a defendant from fleeing, but not prohibitively high. Fines should not be arbitrary or grossly disproportional to the crime.

Identify the examples of white-collar crimes.

Embezzlement Racketeering Larceny

True or false: The Fifth Amendment to the U.S. Constitution protects the accused in a trial from being compelled to produce real or physical evidence.

False. The privilege against self-incrimination protects an accused from being compelled to testify against himself or herself. The Fifth Amendment does not protect the accused from being compelled to produce real or physical evidence.

Which of the following is true of the Occupational Safety and Health Administration (OSHA)?

It can bring actions against businesses for violation of health and safety standards.

Identify a true statement about the Fourth Amendment to the U.S. Constitution.

It extends the right to search for evidence to the premises, such as offices of newspapers and attorneys, of persons not suspected of criminal acts.

Identify a true statement about a criminal act that is done willfully.

It is committed purposefully.

Identify a true statement about white-collar crime.

It occurs in a professional or business setting.

Identify the actions that are considered schemes to defraud.

Knowingly making or using any false writing or document Willfully covering up a trick or scheme

The Eight Amendment of the U.S. Constitution prohibits cruel and unusual punishments. In the context of the Supreme Court decision in Furman v. Georgia, identify the basic principles used to determine if a punishment is cruel and unusual. (Check all that apply.)

Punishment that is inflicted completely in an arbitrary manner Punishment that is so severe as to degrade human dignity

Which amendment to the U.S. Constitution provided the double jeopardy clause?

The Fifth Amendment

Identify the true statements about the sentencing guidelines for federal crimes developed by a federal sentencing commission in the late 1980s.

The goals of the guidelines are punishment and deterrence. The guidelines are now advisory, requiring a court to consider them but permitting the court to tailor the sentence in light of other concerns.

Identify the rights that are granted in criminal cases by the Sixth Amendment to the U.S. Constitution.

The right to confront one's accuser The right to a speedy and public trial The right to subpoena witnesses in one's favor The right to a trial by jury

With reference to the Sarbanes-Oxley Act, identify the recent trends following major prosecutions in the United States in 2000 and 2008.

There is an increase in legislative efforts to protect the public from fraud. There is an attempt to renew investor confidence in the markets.

True or false: Corporate officials often hide losses incurred by employees engaged in cyber crime from company investors.

True These are kept secret for fear of encouraging of other employees

True or false: Courts have held that the use of mail or wire communication for fraudulent purposes can be proven by circumstantial evidence.

True. Courts have held that the use of mail or wire communication can be proven by circumstantial evidence. For example, evidence of business custom and practice may establish that a mailing or wire communication occurred.

True or false: The charge of aiding and abetting is similar to the allegation of participating in a conspiracy.

True. If a person acts under the direction of someone accused of criminal activities, this person might be held responsible for aiding and abetting in the commission of the crime. The charge of aiding and abetting is similar to the allegation of participating in a conspiracy.

Identify the examples of health care fraud.

Unbundling each stage of a procedure as if it were a separate procedure Accepting kickbacks for patient referrals Billing for services not actually performed

Identify the situations in which the exculpatory no exception is permitted.

When a person denies guilt by making a false statement when questioned by a governmental official When a person raises greater suspicion by remaining silent in response to governmental questioning When a person self-incriminates by telling the truth in response to governmental questioning

A person might be held responsible for aiding and abetting in the commission of a crime if he or she _____.

acts under the direction of someone accused of criminal activities

The U.S. Code makes certain conduct by a debtor and certain conduct by creditors and others a federal crime. These crimes are known as _________ ___________

bankruptcy crimes

The Sixth Amendment to the U.S. Constitution enables an individual to _____.

be informed of the charge against him or her

According to the Fifth Amendment to the U.S. Constitution, the privilege against self-incrimination protects an accused from being _____.

compelled to testify against himself or herself

A(n) ____________ is a criminal offense involving an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other member.

conspiracy

In corporate fraud prosecutions, prosecutors often charge mid-level managers with _______________ then offer plea bargains to them for testimony against their top executive counterparts.

conspiracy

According to the __________ ___________ clause of the U.S. Constitution, no person shall be subject for the same offense to be twice put in jeopardy of life or limb.

double jeopardy

In the late 1980s, a federal sentencing commission developed sentencing guidelines for federal crimes to _____.

ensure that similar crimes receive similar sentences

The prosecution against health care frauds usually involves _____.

false claims under the False Claims Act

A statement or report made to a bank is false when made if it relates to a material fact and is untrue. A fact is material if it _____.

has the capacity to influence a decision to be made by the employees of the bank

Bankruptcy crimes are committed when _____.

insolvent debtors file false information in the proceedings

A feature of the Racketeer Influenced and Corrupt Organizations Act (RICO) is that _____.

it extends liability to any person who maintains an interest in or control of an enterprise

A feature of a grand jury is that _____.

it serves as an investigative body

In the context of health care fraud investigations, the False Claims Act allows a citizen relator who successfully brings a lawsuit that recovers fraudulently obtained federal funds to _____.

keep a portion of the recovery as a bounty

Payments made to a person who has facilitated a transaction are known as _______________

kickbacks

The unlawful taking of personal property with the intent to deprive the rightful owner of it permanently is known as _____________

larceny

OSHA has the power to impose _______________ penalties for violations of health and safety standards.

money

In the context of a conspiracy, any transaction or event knowingly committed by a conspirator in an effort to accomplish some object of the conspiracy is known as a(n) _____________ ______________

overt act

A majority of a grand jury must find that a crime has been committed and that the evidence is sufficient to warrant the accused's standing trial for an indictment to be returned. This determination is _____.

probable cause

The exculpatory no exception protects an individual from _____.

prosecution for making a false statement when his or her statement simply denies criminal wrongdoing

A statement that is presented to a bank is false when made if it _____.

relates to a material fact and is untrue

Larceny by violence or threat such as with a gun is known as _____.

robbery

In the context of criminal intent, knowledge can be inferred if _____.

the existence of a fact was deliberately ignored by the accused

A characteristic of a mail or wire fraud is that _____.

the statutory penalties involve imprisonment up to 30 years if it impacts a financial institution

The Racketeer Influenced and Corrupt Organizations Act (RICO) imposes criminal and civil liability upon _____.

those businesspersons who engage in certain prohibited activities and who engage in interstate commerce

The Fourth Amendment to the U.S. Constitution protects individuals and corporations from _____.

unreasonable searches and seizures by the government

Edwin H. Sullivan coined the term ____________- ___________ __________ in the 1930s to apply to criminals of high socioeconomic status, such as corporate executives who commit fraud.

white-collar crime