Deck 14: Judicial Proceedings and White-Collar Crime

Question 1

Which of the following proceedings could possibly result in a cease and desist order?

A) bar association proceedings
B) civil proceedings
C) workplace-disciplinary proceedings
D) trial proceedings

Answer 1

B

Question 2

What is one reason judges use to justify giving white-collar offenders shorter
Sentences?

A) They do not want to cause additional harm to offender's family.
B) Shorter sentences provide offenders with the chance to move into higher positions in their company.
C) Shorter sentences put offenders in a better position to not re-offend.
D) Offenders would not be able to handle the prison system.

Answer 2

A

Question 3

Which trend is accurate regarding the guidelines that judges follow when sentencing convicted offenders?

A) upwards from the guidelines in cases where vulnerable groups are targeted
B) downward from the guidelines when the harm is only monetary
C) upwards from the guidelines for computer criminals
D) downward from the guidelines when officials abuse trust

Answer 3

A

Question 4

Which of the following is a decision made by the prosecutor in a white-collar case?

A) charges to file against the offender
B) whether or not to arrest an offender
C) which judge should preside over a case
D) whether an offender should be jailed until trial

Question 5

What key factors do prosecutors consider when deciding whether or not to prosecute white-collar crimes?

A) strong defense attorneys with expertise in white-collar crime
B) resource issues such as time, funds, and staff necessary to prosecute
C) overload of traditional criminal cases
D) a belief that most white-collar crimes are not important

Question 6

What is the alternative sanctions argument for choosing not to prosecute a white-collar case?

A) Prosecutors can use less costly civil or administrative proceedings to respond to white-collar offending.
B) Less complex white-collar crimes can be fastracked through the system rather than prosecuted.
C) Prosecutors offer an alternative punishment to prison if an offender pleads guilty, avoiding a lengthy prosecution.
D) Defense attorneys for an offender can suggest alternative sanctions to the prosecutor for a plea of guilty.

Question 7

At what level can any of the numerous statutes of the Racketeer Influenced and Corrupt Organizations (RICO) Act be used to charge white-collar offenders?

A) federal level
B) state level
C) federal and state level
D) RICO Act does not apply to white collar offenders.

Question 8

Which element of a white-collar case is most difficult to establish for a prosecutor?

A) burden of proof
B) Intent of the offender
C) the smoking gun that convinces juries
D) severity of the crime

Question 9

Which charge is very commonly filed against white-collar offenders in addition to their main criminal charge?

A) mail fraud
B) theft
C) interstate fraud
D) giving false statements

Question 10

Why do white-collar offenders choose a plea bargain agreement rather than go to trial?

A) to avoid the stigma of a lengthy public trial
B) to be able to keep offending
C) as a guarantee that they will not go to prison
D) to prevent having to make restitution for their crime

Question 11

What is a common reason prosecutors are often reluctant to prosecute corporations?

A) The corporations can hire expensive defense teams.
B) Cases are easier to prove and win against individuals.
C) The time and resources put into cases against corporations aren't worth it.
D) Prosecutors don't want to punish innocent shareholders and workers.

Question 12

Why do prosecutors decide to prosecute corporations despite the headache?

A) They want to protect the interests of shareholders and workers.
B) Larger companies that communities rely on must be held accountable for their actions so as not to take advantage of communities' trust.
C) Corporate crimes cause more severe harm than other crimes.
D) Corporate crimes hurt the economy.

Question 13

What right that is granted to individuals during trial is not granted to corporations?

A) self-incrimination
B) a speedy trial
C) trial by jury
D) confronting their accuser

Question 14

What is one way establishing intent differs for corporations than for white-collar offenders?

A) Prosecutors have witnesses to the extent of the offending.
B) It is demonstrated through uncovering evidence of conspiracies.
C) The corporation confesses to the offending.
D) The CEO agrees to cooperate to find the offenders.

Question 15

Which defense focuses on the defendant's lack of knowledge or intent, but also includes a clause called the "ostrich instruction" that voids the defense if the defendant was ignoring behavior they should have been monitoring?

A) good faith defense
B) lack of fraudulent intent defense
C) ignorance defense
D) reliance on advice from counsel defense

Question 16

If a defense attorney did not view a white-collar defendant in a favorable light, what strategy might they use when building their case?

A) process-oriented defense strategy
B) discovery-oriented defense strategy
C) client-oriented defense strategy
D) organizational-oriented defense strategy

Question 17

In order to use a due diligence defense, a corporation must prove it did all that it could to follow the law by showing the court which of the following?

A) proof that a rogue employee committed the crime
B) an established compliance program and compliance messages sent to employees
C) employees were rewarded for consistently being in compliance
D) there was very little harm done by the offense

Question 18

Because of the secretive nature of white-collar crimes, which type of witness is there likely to be less of in a trial?

A) government witnesses
B) cooperating witnesses
C) lay witnesses
D) character witnesses

Question 19

What is a common strategy for most white-collar defendants?

A) They deflect blame on others.
B) They take responsibility for their actions, but plead for leniency.
C) The portray themselves as caught in the wrong place at the wrong time.
D) They use their Fifth Amendment right.

Question 20

How does a white-collar trial differ from a traditional criminal trial?

A) A lot of traditional trials have multiple defendants, but white-collar trials have only one defendant, even if it is one corporation.
B) Criminal trials are more stressful for the defendant.
C) White-collar trials are longer in length than most traditional criminal trials,
D) Traditional criminals are defended by one lawyer.

Question 21

Which of the following describes the victim's role in the white-collar crime judicial process?

A) Victims are extremely involved throughout the entire process.
B) Victims, especially if the victim is a corporation, help to pay for prosecution costs.
C) Victims have no role in the judicial process other than referring the case to authorities.
D) Victims can now participate in the allocution process and speak at sentencing hearings.

Question 22

How is a qui tam lawsuit different than most other civil cases?

A) a business is the plaintiff
B) multiple plaintiffs are involved
C) the government is the plaintiff
D) an individual is suing a corporation on behalf of the government

Question 23

What are current opinions about networking and the judicial process concerning white-collar cases?

A) Networking between agencies has made tremendous strides in recent years.
B) Agencies are willing to share information, but don't help to get the information where it needs to be.
C) Lack of collaboration can lead to some cases never being prosecuted.
D) Sharing information between agencies has led to more white-collar prosecutions.

Question 24

Why might class bias give an advantage to the white-collar defendant?

A) White-collar offenders, whether individuals or corporations, are able to hire the best legal teams necessary.
B) Criminal justice officials focus on lower-level white-collar cases that are winnable and require fewer resources.
C) Corporate crime requires a large prosecution team.
D) High-stakes white-collar crime requires many agencies to work together, which is hard to achieve.

Question 25

Parallel proceedings may be necessary for which of the following reasons?

A) It does not violate double jeopardy.
B) It may be necessary to respond to cases that are especially serious.
C) The defendant requests both proceedings occur at the same time to prove innocence.
D) The judge wants to handle both cases related to an offender's crime and decides to try them simultaneously.

Question 26

Employees can be punished by their corporations for filing a lawsuit against them.

Question 27

Some criminologists believe that juries are harsher than judges in determining guilt and handing out penalties.

Question 28

Judges fail to take the offender's family into account when making sentencing decisions.

Question 29

Only those involved in organized crime groups, like the mafia, can be charged under the Racketeer Influenced and corrupt Organizations Act.

Question 30

Inadequate laws addressing white-collar offending are one indicator of class bias in the judicial response to white-collar crime.

Question 31

Cooperating witnesses are trained to share information that best reflects the government and prosecution's interests.

Question 32

The physical appearance of an expert witness is taken into account when hiring a scientist to testify in a white-collar trial

Question 33

Victims have an extremely limited role in white-collar case proceedings.

Question 34

Prosecutors use deferred prosecution agreements to allow corporations to not be prosecuted at all for their crimes based on the corporation's agreement to certain conditions.

Question 35

A civil case involving fraud is considered a tort lawsuit.

Question 36

What two actions can result from an administrative proceeding?

Question 37

What are the three factors that influence a judge's decision making when giving softer punishments to white-collar offenders?

Question 38

What are four decisions in the judicial process of a white-collar case that are made by the prosecutor?

Question 39

List and define two common defenses used by defense attorneys in white-collar cases.

Question 40

List three differences between white-collar trials and traditional criminal trials.

Question 41

Compare an administrative proceeding versus a criminal proceeding in white-collar crime cases.

Question 42

Why do some experts believe judges tend to give softer punishments to white-collar offenders?

Question 43

Why are white-collar criminals more difficult to hold accountable in the criminal justice system than traditional criminals?