Deck 10: Theft and Property Crimes

Question 1

Larceny is a crime that is directed:

A) against possession, not ownership, of property.
B) against ownership, not possession, of property.
C) against both ownership and possession of property.
D) against individuals using tricks to obtain property.

Answer 1

against possession, not ownership, of property.

Question 2

The chief difference between larceny and embezzlement is:

A) in embezzlement the embezzler is not entitled to possess the property at the time of the taking whereas in larceny the thief has no right to possess the property in question.
B) in embezzlement the crime involves violence whereas in larceny the crime does not involve force or violence.
C) in embezzlement the embezzler is entitled to possess the property at the time of the taking whereas in larceny the thief has no right to possession of the property in question.
D) in embezzlement the embezzler is entitled to possess the property at the time of the taking whereas in larceny the thief has a right to possession of the property in question.

Answer 2

in embezzlement the embezzler is entitled to possess the property at the time of the taking whereas in larceny the thief has no right to possession of the property in question.

Question 3

The essence of the crime of false pretenses is that:

A) the taking of the property was lawful.
B) the owner of the property is induced to transfer title to personal property as a result of false pretenses.
C) Both A and B.
D) None of the above

Answer 3

the owner of the property is induced to transfer title to personal property as a result of false pretenses.

Question 4

Common law larceny included:

A) a taking of the property of another by force or fear.
B) a taking of the property of an individual by trick.
C) a trespassory taking.
D) a conversion of property.

Question 5

Embezzlement involves:

A) the conversion of property.
B) a trespassory taking of property.
C) a taking of property by force or fear.
D) a taking of property by fear.

Question 6

Which of the following acts is not part of the crime of receiving stolen property?

A) Buying and transferring the stolen property.
B) Continuing possession of the stolen property.
C) Stealing the property.
D) Concealing the stolen property.

Question 7

Forgery may be committed by:

A) filling in blanks on a check without authorization.
B) endorsing a check with a false endorsement.
C) significantly altering an existing document.
D) All of the above.

Question 8

At common law, counterfeiting was limited to:

A) paintings.
B) money.
C) documents.
D) consumer goods.

Question 9

The key thing for the identity thief is:

A) identifying personal information.
B) knowledge of the victim.
C) physical access to the victim.
D) ignorance of the victim.

Question 10

Receiving stolen property is also known as:

A) trafficking in stolen goods.
B) fencing.
C) a chop shop.
D) larceny.

Question 11

Embezzlement is a crime based upon:

A) trust.
B) employment.
C) custody.
D) fraud.

Question 12

The crime of false pretenses:

A) must go to a material fact.
B) is like embezzlement in that the taking must be wrongful.
C) is a crime against possession.
D) is a crime against custody.

Question 13

Larceny by trick is a crime where ____ is passed to the defendant.

A) possession
B) title
C) ownership
D) title and ownership

Question 14

The key to determining whether receiving stolen property is a felony or a misdemeanor is:

A) involvement of the defendant after the original theft.
B) what he victim paid for the property.
C) involvement of the defendant in the original theft.
D) fair market value of the property.

Question 15

Identity theft is:

A) the most important new crime of the 21st century.
B) the unauthorized use of another individual's personal identity in a legal manner.
C) is a crime in all states.
D) None of the above.

Question 16

Money laundering is a crime in which criminals do what with money which they receive from illegal activity?

A) Try to disguise it as legitimate income.
B) Use the money overseas in attempt to profit more from it.
C) Invest it in the stock market.
D) Give it to a family member or other non-criminal.

Question 17

What is "structuring?"

A) Moving money from one financial institution to another in attempts to disguise its illegal origins.
B) Depositing illegally-obtained money in to a legitimate financial institution.
C) The delivery of counterfeit checks to money laundering operations.
D) To break up a single transaction above the financial institution's reporting threshold for the purpose of evading the $10,000 reporting requirement.

Question 18

Which of these is not one of Congress' original goals of the RICO Act?

A) Elimination of repetitive criminality.
B) Elimination of terrorism.
C) Destroy the Mafia.
D) Elimination of the profits of organized crime.

Question 19

RICO acts have been enacted at what jurisdictional level?

A) Federal only.
B) Both Federal and State.
C) In the U.S. Constitution.
D) Both A and C.

Question 20

What problem did the RICO Act solve for prosecutors?

A) Defects in the evidence gathering process of the law.
B) Increasing interest in illegal activities.
C) Judicial corruption.
D) Difficulty prosecuting Mafia members because of death threats.

Question 21

Embezzlement and false pretenses are basically different forms of larceny.

Question 22

False pretenses and forgery are the same crime except that forgery only applies to written instruments.

Question 23

Receiving stolen property is a form of larceny.

Question 24

A fake Picasso painting is an example of a forgery.

Question 25

False pretenses involve obtaining title by making a material false representation with the intent to permanently deprive the owner of the property in question.

Question 26

Receiving stolen property includes receiving, concealing, continuing possession, buying, and transferring of stolen property.

Question 27

Possession in theft crimes may be actual, constructive, and false.

Question 28

Larceny was originally developed where the unlawful taking was nonviolent and by stealth.

Question 29

An essential element of larceny is the intent to permanently deprive.

Question 30

Larceny is often characterized as either a felony or a misdemeanor based upon the value of the property taken.

Question 31

The key difference between embezzlement and larceny is the entitlement to possess the property that was taken.

Question 32

The transfer of title is an essential element of the crime of false pretenses.

Question 33

Receiving stolen property is a crime upon a crime.

Question 34

Making, uttering, and material alteration are all essential components of the crime of forgery.

Question 35

Counterfeiting is most often associated with phony money.

Question 36

Identity theft has become the most important new theft crime of the twenty-first century.

Question 37

State RICO acts are much broader and have much less detail than the Federal RICO Act.

Question 38

The RICO Act was used against the Mafia primarily in the 1980's.

Question 39

Identity theft often involves many jurisdictions in the same crime.

Question 40

The term __ is often used to refer to three different and distinct crimes: larceny, embezzlement, and obtaining property by incorrect pretenses.

Question 41

The chief difference between the two crimes is that, in the case of embezzlement, the embezzler is entitled to __ the property at the time of the taking.

Question 42

Obtaining property by incorrect pretenses is similar to larceny and different from embezzlement in that the taking must be ___.

Question 43

To eliminate some of the subtle distinctions between the various theft offenses, the trend is to consolidate them into a single ___ offense.

Question 44

A person may not be convicted of both stealing and receiving the __ stolen property because to be guilty of receiving stolen property, the property must be __ at the time it is received.

Question 45

Any item of personal property that is not subject to __ is subject to counterfeiting.

Question 46

Forgery is falsely making, materially altering, or ___ a writing that, if genuine, would either have legal efficacy or be the foundation of legal liability, with intent to defraud or prejudice the rights of another.

Question 47

The crime of money ___ is designed to combat the methods used by criminals to hide, disguise, and legitimize their ill-gotten gains.

Question 48

___ theft is defined as the unauthorized use of another individual's personal identity to fraudulently obtain money, goods, or services; to avoid the payment of debt; or to avoid criminal prosecution.

Question 49

The ___ Trade Commission (FTC) runs a clearinghouse for complaints by identity theft victims.

Question 50

___ is aimed at repetitive criminality that either affects or utilizes enterprises in accomplishing its unlawful ends.

Question 51

The crime of larceny by trick has no ___ taking of the property.

Question 52

The federal RICO act has both criminal and ___ applications.

Question 53

__ is the attempted passing of a forged document.

Question 54

One of Congress's goals in passing the racketeering laws was to destroy the __.

Question 55

Match words with associated meaning, concepts, issues or principles

-The crime at early common law protected personal property.

A) Personal property
B) real property
C) intangible property
D) Robbery
E) forgery
F) larceny
G) larceny by trick
H) receiving stolen property
I) carrying away
J) trespassory taking

Question 56

Match words with associated meaning, concepts, issues or principles

-Developed as a crime to handle the situations where the personal property was taken from the possession of another without consent and nonviolently by stealth.

A) Personal property
B) real property
C) intangible property
D) Robbery
E) forgery
F) larceny
G) larceny by trick
H) receiving stolen property
I) carrying away
J) trespassory taking

Question 57

Match words with associated meaning, concepts, issues or principles

-Defined as all property except land and buildings attached to land.

A) Personal property
B) real property
C) intangible property
D) Robbery
E) forgery
F) larceny
G) larceny by trick
H) receiving stolen property
I) carrying away
J) trespassory taking

Question 58

Match words with associated meaning, concepts, issues or principles

-Wrongful taking

A) Personal property
B) real property
C) intangible property
D) Robbery
E) forgery
F) larceny
G) larceny by trick
H) receiving stolen property
I) carrying away
J) trespassory taking

Question 59

Match words with associated meaning, concepts, issues or principles

-asportation

A) Personal property
B) real property
C) intangible property
D) Robbery
E) forgery
F) larceny
G) larceny by trick
H) receiving stolen property
I) carrying away
J) trespassory taking

Question 60

Match words with associated meaning, concepts, issues or principles

-Land and building attached to land

A) Personal property
B) real property
C) intangible property
D) Robbery
E) forgery
F) larceny
G) larceny by trick
H) receiving stolen property
I) carrying away
J) trespassory taking

Question 61

Match words with associated meaning, concepts, issues or principles

-checks or bonds

A) Personal property
B) real property
C) intangible property
D) Robbery
E) forgery
F) larceny
G) larceny by trick
H) receiving stolen property
I) carrying away
J) trespassory taking

Question 62

Match words with associated meaning, concepts, issues or principles

-Taking personal property with consent of owner.

A) Personal property
B) real property
C) intangible property
D) Robbery
E) forgery
F) larceny
G) larceny by trick
H) receiving stolen property
I) carrying away
J) trespassory taking

Question 63

Match words with associated meaning, concepts, issues or principles

-An aggravated form of being an accessory after the fact.

A) Personal property
B) real property
C) intangible property
D) Robbery
E) forgery
F) larceny
G) larceny by trick
H) receiving stolen property
I) carrying away
J) trespassory taking

Question 64

Match words with associated meaning, concepts, issues or principles

-creating a new false document

A) Personal property
B) real property
C) intangible property
D) Robbery
E) forgery
F) larceny
G) larceny by trick
H) receiving stolen property
I) carrying away
J) trespassory taking

Question 65

The term theft is often used to refer to what three different crimes.

Question 66

How does embezzlement differ from larceny?

Question 67

Explain the crime of obtaining property by incorrect pretenses.

Question 68

Explain why states are moving toward the consolidation of theft offenses.

Question 69

Why can't a person cannot be convicted of both stealing and receiving the same stolen property?

Question 70

How does counterfeiting differ from the crime of forgery?

Question 71

What are the two types of forgery crimes?

Question 72

What constitutes an identity theft crime?

Question 73

What functions does the Federal Trade Commission perform in preventing identity crime?

Question 74

What activities are the RICO statutes aimed at?

Question 75

Thomas has accumulated several bundles of cash from his drug selling. If he deposits the money into a bank, the bank will make a report on each transaction in excess of $10,000 dollars. To counter the reporting requirement he is advised by a friend to engage in structuring. How would Thomas do that?

Question 76

The police suspect that Jack is involved in receiving stolen property and reselling it. An undercover police officer takes some recovered stolen property to Jack for him to resell. The officer then arrested Jack. Did Jack commit the crime of receiving stolen property? Explain.