BUSL 250: Chapter 6 Smartbook

Identify the true statements regarding posttrial procedure in criminal proceedings.

- 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.

According to the Mail Fraud Act of 1990, which of the following is an essential element to prove mail fraud?

intent to defraud

Criminal proceedings generally begin when an individual ______ a crime.

is arrested for

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

prosecutor

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.

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

virus

Which of the following is not a type of computer crime?

one that generates proceeds for an eventual computer purchase

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

criminal

Actus reus means ______.

guilty act

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

hacker

A cyber terrorist is a computer ______.

hacker

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

Match the categories of crimes (in the left column) with their descriptions (in the right column). 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 - Punishable by a jail sentence of less than six months or a small fine

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 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

During which decade was the Counterfeit Access Device and Computer Fraud and Abuse Act passed?

The 1980s.

When does booking occur in a criminal procedure?

after the defendant's arrest

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

arrest

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

bench

Extortion is also known as ______.

blackmail

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

business

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

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

fraud

Forgery is a type of ______.

fraud

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

racketeering

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

______ crimes are nonviolent illegal acts against society.

White-collar

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

white-collar crime

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

Actus reus and mens rea.

______ is the amount of money a defendant must pay the court on release from custody as security that he or she will return for trial.

Bail

______ is a procedure during which the name of the defendant and the alleged crime are recorded in the investigating agency's or police department's records.

Booking

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

Commercial

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.

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 Claims

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

Foreign Corrupt Practices Act

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.

______ 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

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

Love Bug

Which of the following is an example of pretexting?

Posing as an employee of a telecommunications carrier to obtain the telephone records of an ex-spouse.

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

Pretexting

Which of the following is not a category of computer crime prohibited by the Computer Fraud and Abuse Act?

Sharing of personal passwords to social media websites with friends and family.

During which decade was the Sarbanes-Oxley Act passed?

The 2000s

______ was originally enacted to combat organized crime.

The Racketeer Influenced and Corrupt Organizations Act

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.

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.

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

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

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.

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

bribe

A ______ is the lowest-ranking judicial official.

magistrate

A ______ issues the arrest warrant.

magistrate

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

Strict-liability offenses are _____.

offenses for which no mens rea is required

A cyber ______ is a hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network or the sabotage of a business or organization.

terrorist

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 principle reason for bail?

to ensure that the defendant will return for the trial.

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

to maintain the integrity of the government