business law 241
guilty mind
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) _______.
Health care fraud
The Department of Justice has said that ______ is its top priority.
arraignment petit
A defendant offers a plea to criminal charges brought against him during the ______ and if the plea is not guilty, the case is heard by a(n) ______ jury.
fact
Mistake of ______ as an affirmative defense undermines the prosecution's ability to prove the required element of intent.
reasonable
A successful fraud prosecution must include sufficient proof of the victim's ______ reliance on the defendant's false representation.
cyber terrorist
A(n) ______ is a hacker who intends to exploit a target computer to create a serious negative impact on the users of the computer system.
plea bargain
A(n) ______ is an agreement in which a prosecutor agrees to reduce or drop charges if the defendant pleads guilty.
manager boss employee
A(n) ______ who uses a work computer is responsible to do so in a manner only authorized by the employer.
Relationship of trust fiduciary duty
Acting on inside information in the purchase or sale of company stock, or insider trading, involves a breach of a(n) ______.
wrongful
Actus reus is also known as ______ behavior.
intent
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: _______.
Pretexting
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: ______.
financial social
Although white-collar crime does not involve physical violence, there are still significant ______ and ______ costs that result from such conduct.
acting under an irresistible impulse not knowing the difference between right and wrong
Depending upon the jurisdiction, a state may define insanity as lacking substantial capacity due to a mental defect, or: _______.
burglary
Desperate for money, John Johnson breaks into a business that is closed for the evening and takes cash from a drawer. Johnson has committed: _______.
waive
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.
$0
In order to be convicted of bribery, the defendant must have offered something of value to influence a particular decision or acquire information. That something of value must have a minimum dollar value of: _______.
Subpoena
In order to obtain corporate records during a criminal investigation, it is usually necessary to obtain a(n) ______ from the grand jury.
determinate
In the federal court system, sentencing is ______ -- that is, judges are provided a specific range of penalties for a particular crime.
infants
Individuals who are under the age of majority are known under the law as: ______.
securities fraud bribery provision of illegal goods and services
The Racketeer Influenced and Corrupt Organizations Act (RICO) has been an effective federal statutory tool in addressing: _______.
probable cause
To obtain a search warrant in order to inspect business records, the government must demonstrate: _______.
Intents to defraud
To prove mail fraud, the government must demonstrate the ______ and the use of mail to further the fraudulent scheme.
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: Only the use of fire in burning down the dwelling of another is sufficient to charge a suspect with arson.
False
True or false: There is equal and consistent enforcement of anti-bribery laws in other countries.
False
True or false: Typically, a petty offense carries a penalty of at least a year in prison.
10
Using false pretenses to obtain confidential telephone records can result in a prison sentence of up to ______ years.
violated the FCPA
When a United States corporation provides financial incentives to officials in foreign countries in order to avoid local taxes, that corporation has: _______.
loss of medical license
When a doctor commits health care fraud at the expense of patients, criminal penalties could include: _______.
True
True or false: Using television to defraud the public is a violation of the Mail Fraud Act of 1990.
fraud and embezzlement
Examples of white collar crimes include: _______.
affirmative
Legal excuses for criminal behavior are known as ______ defenses.
natural persons
The Fifth Amendment privilege against self-incrimination applies to: _______.
Force
The key distinction between larceny and robbery is that larceny does not require: _______.
arson
______ is the intentional burning of another's dwelling.
reasonable
Defending oneself against a physical attack is justifiable, so long as the force used is: _______.
with purpose with recklessness
A criminal prosecution requires proof by the prosecution of a guilty mind. Mens rea can be established by evidence that a defendant acted: _______. (Check all that apply.)
federal felony cases
A grand jury indictment is constitutionally mandated in all: _______.
Petty
A landlord's failure to have working smoke detectors in a residential apartment building would likely be classified as a(n)________ offense
remain silent an attorney
Arresting officers must be sure to comply with Miranda v. Arizona, which requires advising the individual being arrested that they have the right to: _______.
bankruptcy fraud
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: _______.
breaking and entering
Burglary is often known as: _______.
grand larceny.
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: _______.
vicarious criminally
Corporate managers can be found ________ responsible for crimes committed by lower-level employees under the ______ liability doctrine.
Scienter
Criminal fraud requires an intent to deceive, which is also known as: _______.
scienter
Criminal fraud requires an intent to deceive, which is also known as: _______.
reasonable
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: _______.
nolo contendere
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: ______.
two
For most crimes, there are ______ elements that must be proven by the government.
Larceny
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: ______.
It includes the use of office computers by employees to run their personal business. It involves the use of computer by an employee that is not authorized by the employer.
Identify the true statements about unlawful appropriation of data or services.
public official 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: _______.
jury trial
If a case goes to trial and the crime is a felony or a misdemeanor punishable by six months or more in prison, the defendant has a constitutional right to a(n): _______.
mens rea
In a criminal prosecution, the government must prove actus reus, a guilty act, and a guilty mind, or ______ ______.
entrapment
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: _______.
robbery
Jacob holds a baseball bat over Abigail's head and threatens to hit her unless she hands over her laptop computer. Jacob has committed the crime of: _______.
Confront witnesses
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: _______.
False Pretenses
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?
A jury trial
James is facing up to five years in federal prison for health care fraud. Given the potential sentence, James is entitled to: _______.
predisposed
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.
cannot
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.
Strict
Liability without fault is also referred to as ______ liability.
The Bill of Rights
Most constitutional safeguards designed to protect criminal defendants are found in ________.
Robbery
Most states define ______ as the forceful and unlawful taking of personal property.
False Pretenses
Obtaining another's property by false representation is known as ______.
No, because the liquor store is strictly liable for selling alcohol to a 19-year old.
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?
infancy mistake of fact duress
Potential defenses a criminal defendant may raise to offset the criminal element of intent and avoid conviction are: _______.
Claims
Submitting false ______ to insurance companies seeking reimbursement for medical treatment is known as health care fraud.
intent
Successful prosecution of a defendant for false pretenses requires proof of a(n) ______ to relieve another of their property by false representation.
commercial bribery
Suppose an employee of ABC Beverage company is offered $10,000 from a competitor to obtain a list of ingredients for a soon-to-be unveiled new beverage. The employee will likely face consequences for stealing trade secrets. The competitor beverage company would face charges for: _______.
Senior citizens
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: ______.
U.S. Constitution
The Bill of Rights are amendments to the ______.
infancy
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: _______.
provision of illegal goods and services securities fraud bribery
The Racketeer Influenced and Corrupt Organizations Act (RICO) has been an effective federal statutory tool in addressing: _______.
Exclusionary
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.
Mail Fraud Act of 1990
The _______ also bans the use of wire, radio, and television transmissions to defraud the public, and now includes commercial carriers and courier.
the responsible corporate officer doctrine
The application of vicarious liability to impose criminal penalties on corporate executives when subordinates break the law finds its support in: _______.
insider trading
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: _______.
prosecuting the case serves a federal interest the evidence is sufficient to obtain a conviction
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: ______.
actus reus
The government must prove wrongful behavior to punish a criminal offender. This element is also known as: _______.
magistrate
The lowest ranking judicial officials are known as
court prosecution defendant
The plea bargain mechanism is generally considered to benefit the: _______.
violence
Threatening your employer with a gun in order to get a raise would not be considered a white collar crime because this conduct involves: _______.
Sarbanes-Oxley
Which act was created to specifically combat white-collar crime?
Which method of communication is not covered by the Mail Fraud Act?
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.
Which of the following are criminal cases?
Purposefully overstating earnings to inflate stock values in a company
Which of the following conduct constitutes criminal fraud?
I did not know the speed limit I didn't know that buying stock based upon advice from a corporate insider was against the law.
Which of the following excuses would be viewed as a mistake of law and, therefore, an insufficient basis to avoid criminal responsibility?
RICO
Which of the following is a federal crime-fighting law?
Downloading or uploading of pornographic images of children under the age of 16
Which of the following is not a prohibition of the CFAA?
improve the speed of the computer
Which of the following is not a typical impact of a virus on a computer?
Prohibition against cruel and unusual punishment
Which of the following is not one of the three main provisions of the Fifth Amendment to the United States Constitution?
An effective virus will locate a computer user's email address book and then email itself to other computers through the email system. A virus destroys, rearranges, and/or damages computer data.
Which of the following is true about computer viruses?
The employee was acting within the scope of his or her employment. The employee was acting with the purpose of benefiting the corporation.
Which of the following must be shown to hold a corporation criminally responsible for the actions of its employees?
a corporate officer can be found criminally responsible when that officer fails to fulfill a legal duty to correct potential violations of law.
With respect to imposing criminal responsibility on a corporate officer under the FDA, the United States Supreme Court has held that: _______.
robbery
Wrongfully taking someone's property, with the use of force or fear, is referred to in most jurisdictions as: ______.
Bankruptcy Fraud
______ can occur when a debtor hides assets from the court or a creditor files a false claim against the debtor.
Cramming
______ is a scheme in which companies bill consumers for optional services they did not order.
extortion
______, otherwise known as blackmail, is the making of threats for the purpose of obtaining money or property.
duress more
_______ is appropriate when an individual commits a crime under the threat of serious bodily harm, but only when the threat of harm is ______ serious than the crime threatened.
nesessity
_______, a defense to a crime, says the crime was necessary to prevent a more severe crime from occurring.
deadly Unjustifiable
________ force (sufficient to kill or cause serious bodily harm) is _______ where the threat of deadly force does not exist.
eighth
protects against accensive bail
