Deck 10: White-Collar and Organized Crime

Question 1

In 1970, ______ statute was developed to counter the infiltration of legitimate businesses engaged in interstate commerce by organized crime.

A) identity theft
B) antitrust violation
C) copyright violation
D) RICO

Answer 1

D

Question 2

The content of books, films, artistic works, musical scores, and other "products of the mind" are known as ______.

A) intellectual property
B) copyrights
C) trademarks
D) fiduciary property

Answer 2

A

Question 3

Which Supreme Court case affirmed that corporations could be held criminally liable under the Federal Food and Drugs Act?

A) United States v. O'Hagan
B) United States v. Carpenter
C) United States v. Dotterweich
D) United States v. Duff

Answer 3

C

Question 4

Which one of the following can impose criminal liability in those instances that the criminal conduct is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a high managerial official acting on behalf of a corporation?

A) Model Penal Code 2.07
B) Respondeat superior
C) Corporate superior
D) Managerial superior

Question 5

Which one of the U.S. Departments agreed not to pursue a criminal prosecution against the corporation so long as the corporation agrees to institute reforms to prevent additional criminal conduct and to pay a fine?

A) Department of Labor
B) Department of Homeland Security
C) Department of Treasury
D) Department of Justice

Question 6

Which of the following is NOT an element of white-collar crime?

A) to avoid the payment or loss of money
B) to obtain money, property, or service
C) to secure a business or professional advantage
D) to betray somebody's trust

Question 7

One of the reasons why textbooks generally do not devote significant attention to white-collar crime is because ______.

A) white-collar crime is one of the least active areas of federal prosecution
B) white-collar crime is not a distinct category of crime
C) these cases are difficult to solve
D) there is no enough human resource

Question 8

The mens rea for most of the environmental statutes is ______.

A) recklessly committing the prohibited act
B) negligently committing the prohibited act
C) knowingly committing the prohibited act
D) negligently committing the permitted act

Question 9

Which of the following imposes criminal penalties for improper discharge of refuse (foreign substances and pollutants) into navigable or tributary waters of the United States?

A) Refuse Act
B) Clean Water Act
C) Federal Insecticide, Fungicide, and Rodenticide Act
D) Resource Conservation and Recovery Act

Question 10

Which of the following was NOT one of the most dangerous industry sectors in 2016?

A) public safety
B) transportation
C) forestry
D) constructions

Question 11

______ is an intentional and knowing misrepresentation of a material (important) fact intended to induce another person to hand over money or property

A) Fraud
B) Insider trading
C) Embezzlement
D) Forgery

Question 12

Which of the following must NOT a prosecutor demonstrate for a conviction of mail fraud?

A) scheme
B) money or property
C) mail
D) wire

Question 13

Which of the following is NOT part of the functions of the Consumer Financial Protection Bureau (CFPB)?

A) rehabilitate conspirators
B) research consumer behavior
C) take consumer complaints
D) promote financial education

Question 14

With ______, the individuals involving spreading false information sell the shares that they inexpensively purchased for a significant profit.

A) mail
B) wire
C) pump and dump
D) graft

Question 15

One example of Sherman Antitrust Act is ______?

A) washing of money
B) price-fixing
C) insider trading
D) identify theft

Question 16

Which of the following is NOT a crime which the perpetrators of identity theft typically are also in violation of statutes of?

A) health-care fraud
B) wire fraud
C) mail fraud
D) credit card fraud

Question 17

Which of the following states does NOT have higher identity theft complaints rate?

A) Texas
B) Michigan
C) Delaware
D) Florida

Question 18

Thomas directed the manufacture and distribution of cocaine at two crack houses. He then deposited the profits in cash into various accounts, listed under the name of the Youth Club Organization, in which the proceeds of legitimate activities also were deposited. Funds were used for organization expenses as well as for Thomas' rent; credit card charges; and purchases of automobiles, cellular phones, and beepers used to direct the sale of cocaine. Thomas is charged with what type of crime along with several drug charges?

A) computer crime
B) money laundering
C) tax crime
D) identify theft

Question 19

______ is also called as structuring offense or illegal structuring.

A) Computer crime
B) Money laundering
C) Tax crime
D) Currency violation

Question 20

Who was NOT convicted of tax crime?

A) Paul Manafort
B) Michael Cohen
C) Robert Mueller
D) James Comey

Question 21

Which one of the activities cannot be punished by computer crime statutes?

A) copying software without authorization
B) falsifying e-mail transmissions in connection with the sending of unsolicited bulk e-mail
C) causing a computer to malfunction
D) the unauthorized carrying away of a personal computer

Question 22

______ is the intentional entrance into a computer system without permission and with the intent to cause injury to an individual.

A) Computer hacking
B) Spam
C) Computer tempering
D) Computer trespass

Question 23

Which of the following is NOT an important provision related to computer fraud?

A) prohibits knowingly and with intent to defraud, trafficking in passwords to permit unauthorized access to a government computer
B) proclaims knowingly transmitting a commercial, unsolicited e-mail that contains false or misleading information on a subject line
C) proclaims that it is unlawful to transmit in interstate commerce any threat to cause damage to a protected computer with the intent to extort something of value
D) intentionally accessing a computer without authorization and obtaining information

Question 24

______ refers to the content of books, films, artistic works, musical scores, and other products of the mind.

A) Tangible property
B) Intangible property
C) Intellectual property
D) Unintellectual property

Question 25

The ______ safeguards the rights of authors in books, films, and songs that have been published.

A) Travel Act
B) Payola Act
C) Mail Act
D) Copyright Act

Question 26

A bank must report to the IRS any cash transaction of more than $5,000.

Question 27

Approximately 15% of identify thefts are committed by family, friends, neighbors, or coworkers of the victim.

Question 28

It is a violation of federal law to receive a payment for directing a patient to a health-care provider.

Question 29

Under the Clean Water Act, it is illegal to knowingly store, make use of, or dispose of hazardous waste without a permit.

Question 30

The spreading of false information about a company to drive up stock prices and sell previously inexpensive stocks for a significant profit is known as "pump and dump."

Question 31

The Department of Justice limits white-collar crime to employment-related offenses.

Question 32

The mens rea of computer trespass requires the intent to cause injury to an individual.

Question 33

Under the respondeat superior doctrine, a corporation may be held liable for the acts of employees only where the acts are contrary to corporate policy.

Question 34

Injury to workers is one type of environmental crime.

Question 35

OSHA primarily relies on incarceration and financial penalties to ensure compliance.

Question 36

The Travel Act prohibits the payment of money to radio station employees for the inclusion of material as part of a program unless the payment is disclosed to the recipient's employer.

Question 37

Identity theft statutes typically require that an individual knowingly uses the identification of another individual.

Question 38

Access device fraud is a federal crime in which individuals knowingly with the intent to defraud to produce a counterfeit access device or to use or traffic in counterfeit access devices.

Question 39

Criminal liability under tax crime statutes requires that an individual act recklessly.

Question 40

Racketeer Influenced and Corrupt Organizations (RICO) was enacted to punish the domestic theft of trade secrets and prohibit the theft of trade secrets by foreign governments.

Question 41

How are those convicted of white-collar crime sentenced?

Question 42

What is the difference between tippers and tippees?

Question 43

What is the similarity and difference between mail and wire fraud?

Question 44

Name two elements of money laundering.

Question 45

List three types of tax crimes.

Question 46

What is the difference between intellectual property, trademarks, and trade secret?

Question 47

What are the three steps of the RICO?

Question 48

What are the types of scenarios punished under RICO?

Question 49

What is intellectual property, and why does the law protect it?

Question 50

Describe access device fraud and provide an example of how state law punishes such a crime.

Question 51

Describe the five primary types of tax crimes. What is the required intent? Do these crimes have varying levels of intent?