MGT 325 CH 6

______ 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

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

Business

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

Commercial

______ 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

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.

RICO, the False Claims Act, and the Sarbanes-Oxley Act of 2002 are all powerful ______ crime laws.

white-collar

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

securities

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

Less serious crimes punishable by fines and/or imprisonment for up to or less than one year are which of the following?

Misdemeanors

Prior to an arrest, ______ may conduct criminal investigatory proceedings or issue a subpoena for company records.

grand jury

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

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

intent to defraud

Sarbanes-Oxley has extended the statute of limitations regarding the discovery offraud to ______ years from the date of discovery of the fraud and ______ years from the criminal act.

two; five

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

virus

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

Foreign Corrupt Practices Act

A ______ issues the arrest warrant.

magistrate

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.

______ 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

Extortion is also known as ______.

blackmail

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

bribe

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

fraud

Forgery is a type of ______.

fraud

Identify the true statements regarding posttrial procedure in criminal proceedings.

- The guidelines for judges to consider in sentencing for white-collar crimes have been established. - Judges are given certain factors to consider in sentencing, such as the defendant's criminal record.

Embezzlement usually occurs when a(n) ______ steals money.

employee

In which year was the Mail Fraud Act passed?

1990

If an employee realizes that their employer is committing fraud against the government and the government chooses to intervene and prosecute the case itself, with the help of the employee, the citizen would receive what percent of the amount recovered?

25

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

Actus reus (guildty act) and mens rea (guilty mind)

When does booking occur in a criminal procedure?

After the defendant's arrest.

______ 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

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.

Which of the following is an accurate statement regarding state whistle-blower protection laws?

Currently, 47 states have whistle-blower protection laws for either public or private sector employees or both.

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

Embezzlement

Punishable by imprisonment for more than one year in a penitentiary or by death

Felonies

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

If the defendant waives the right to a jury, the case will be a bench trial.

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

Love Bug

Punishable by a jail sentence of less than six months or a small fine

Petty offenses

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.

Under Sarbanes-Oxley, failure maintain proper records of audits and work papers for a specified period is punishable by imprisonment for up to how long?

Ten years.

______ was originally enacted to combat organized crime.

The Racketeer Influenced and Corrupt Organizations Act (RICO)

What is the principle reason for bail?

To ensure that a defendant will return for trial.

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

______ crimes are nonviolent illegal acts against society.

White-collar

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

bench

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

criminal

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 proceedings generally begin when an individual ______ a crime.

is arrested for

A ______ is the lowest-ranking judicial official.

magistrate

Strict-liability offenses are ______.

offenses for which no mens rea is required

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

one that generates proceeds for an eventual computer purchase

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

payoffs

A(n) ______ is an agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty.

plea bargain

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

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

prosecutor

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

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

statutory

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

to maintain the integrity of the government

If an employee realizes that their employer is committing fraud against the government and the government does not opt to get involved, and the citizen continues with the case on behalf of the government, the citizen receives what percent of the amount recovered?

30

Which of the following is an inaccurate statement regarding state whistle-blower protection laws?

Almost all states protect employees who choose to go to the media with their reports of employer wrongdoing.

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

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

Forgery

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 an option available to the prosecutor and the defendant in a plea bargain agreement?

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