Deck 7: Crimes

Question 1

For nonbusiness crimes, only those who are actually involved in the act itself can be convicted of the crime.

Answer 1

True

Question 2

One of the modern trends in punishing business crimes involves barring executives and officers from working in their fields if they have a criminal conviction.

Answer 2

True

Question 3

Crimes are classified as common law or statutory according to their origin.

Answer 3

True

Question 4

Some types of instruments of crime are automatically forfeited.

Question 5

Corporate managers found guilty of masterminding any criminal activity must be sentenced to prison time.

Question 6

The Racketeer Influenced and Corrupt Organizations (RICO) Act authorizes both criminal and civil actions.

Question 7

A crime consists of three elements: the mental state, the intent, and the act.

Question 8

Corporate Integrity Agreements are the equivalent of putting a corporation on probation.

Question 9

Crimes and criminal punishment guidelines are specified in detailed criminal codes and statutes.

Question 10

The Racketeer Influenced and Corrupt Organizations (RICO) Act was designed primarily to prevent individuals involved in organized crime from investing money obtained through racketeering in legitimate businesses.

Question 11

White-collar crimes generally involve violence.

Question 12

Criminal penalties for corporations are based on a percentage of sales.

Question 13

An act that is a felony in one state be a felony in all states.

Question 14

Bribery requires the use of violence.

Question 15

For business crimes, managers cannot be held criminally responsible for the conduct of their employees.

Question 16

Executives can be convicted on the basis of "honest services" fraud that something went wrong at their company.

Question 17

Because a corporation is not a human being, it cannot be convicted of a crime.

Question 18

Generally, misdemeanors are more serious than felonies.

Question 19

It is not necessary that some person be harmed for an act to be considered a crime.

Question 20

"Mental state" does not require an awareness of guilt.

Question 21

Conspiracy means ____ committing a criminal act.

A) thinking about
B) an agreement aimed at
C) thinking with others about
D) all of these

Question 22

Larceny is best defined as the taking of personal property from the presence of the victim by the use of force or fear.

Question 23

One of the exceptions to the Fourth Amendment requirement for a warranty is the "plain-view" exception.

Question 24

Due process includes the right to be heard, question witnesses, and present evidence.

Question 25

When a defendant is convicted of a crime, the court may also declare that the defendant's rights in any property used or gained from the crime be confiscated. This is known as __________.

A) forfeiture
B) reversion
C) subversion
D) divestiture

Question 26

If U.S. Senator Jones is charged with a conflict of interest because of his financial interest in a firm he helped to secure a contract, he would most likely be charged with the crime of ________.

A) bribery
B) extortion
C) improper political influence
D) blackmail

Question 27

Penalties for crimes are:

A) always paid to the government.
B) always paid to the victim(s).
C) shared equally between the government and the victim(s).
D) subject to forfeiture.

Question 28

Destroying information stored on a computer may be a crime.

Question 29

All states recognize _________, which protects privileged documents and notes from seizure by the government, even with a warrant.

A) the warrantless search privilege
B) the "plain view" privilege
C) the attorney-client privilege
D) the Fifth Amendment privilege.

Question 30

Specific statutes define the _______, which is the criminal conduct required to be charged with a crime.

A) mental state.
B) scienter.
C) actus reus.
D) mental awareness.

Question 31

Corporations are entitled to Fifth Amendment protection.

Question 32

The issuing or delivery of a forged instrument to another person constitutes the crime of counterfeiting a forged instrument.

Question 33

Crimes are generally defined and their punishments specified by:

A) trial court judges.
B) appellate judges.
C) codes and statutes.
D) the United States Constitution.

Question 34

Extortion and blackmail are exactly the same.

Question 35

A crime generally consists of:

A) an act or omission.
B) a mental state.
C) a mental state and an act or omission.
D) a mental state, an act or omission, and harm.

Question 36

The Foreign Corrupt Practices Act applies to businesses with their principal offices located in the United States.

Question 37

Forgery includes signing another person's name to a check with the intent to defraud.

Question 38

Money __________ involves the knowing and willful participation in a financial transaction involving unlawful proceeds when the transaction is designed to conceal or disguise the source of the funds.

A) ironing
B) vacuuming
C) laundering
D) cooking

Question 39

Embezzlement involves fraud.

Question 40

A computer crime generally can only be committed by a person having some knowledge of the operation of a computer.

Question 41

The ______ makes it a federal offense to circumvent or create programs to circumvent encryption devices that copyright holders place on copyrighted material to prevent unauthorized copying.

A) CAN-SPAM Act.
B) DMCA.
C) EFTA.
D) NET Act.

Question 42

In a prosecution for unauthorized use of computers, unsecure _______ has proven to be a challenge in prosecution for unauthorized use of computer information.

A) economic espionage
B) diverted delivery
C) computer raiding
D) wi-fi networks

Question 43

The unauthorized use of a computer belonging to someone else is:

A) a crime in all states.
B) a crime in some states.
C) not a crime in any state.
D) a crime under federal law only.

Question 44

The Economic-Espionage Act (EEA):

A) makes it a crime to use a fraudulently obtained device to obtain money through an electronic fund transfer system.
B) makes it a crime to send unsolicited bulk emails.
C) makes it a crime to transfer proprietary files, documents and information from a computer to an unauthorized person.
D) all of these.

Question 45

James Smith, a health inspector for the state of Missouri, inspected a restaurant owned by Salley Slick. Smith found numerous health violations in the restaurant and fined Slick accordingly. When Smith notified Slick of the infractions, Smith strongly suggested that $5,000 "would sure prove handy in the Spring" when he planned to purchase a new fishing boat. Slick understood Smith's obvious hint and offered Smith $5,000 if he would lose the paperwork concerning the failure of the restaurant to meet proper inspection guidelines. Smith accepted the $5,000 and lost the paperwork. One month later, Smith returned to the restaurant and told Slick that he would reappear every month and find violations unless Slick produced $1,000 each month to go toward the purchase of a fleet for Smith. Slick agreed to make the $1,000 payments. What crimes have been committed by Smith and Slick?

Question 46

The Racketeer Influenced and Corrupt Organizations (RICO) Act is a product of:

A) Congress.
B) international trade agreements.
C) state law.
D) the Constitution.

Question 47

Counterfeiting is:

A) a federal crime only.
B) a state crime only.
C) both a federal and state crime.
D) determined by the individual.

Question 48

In some states, the taking of information from a computer without the consent of the owner is called _______.

A) unauthorized use of computers
B) diverted delivery by computer.
C) computer trespass.
D) economic espionage by computer.

Question 49

A computer crime generally requires that:

A) the criminal possess a computer.
B) the victim possess a computer.
C) the criminal have some knowledge of computers.
D) the victim have some knowledge of computers.

Question 50

Bribery is defined as:

A) giving money, property, or any benefit to a person to influence that person's judgment.
B) using one's position as a public official to make an illegal demand.
C) using one's position as a nonpublic official to make an illegal demand.
D) exerting improper political influence.

Question 51

Racketeering is defined as:

A) using money to influence public officials.
B) using money to influence employees of competitors.
C) using money derived from illegal activities to invest in legitimate businesses.
D) using money to influence foreign officials.

Question 52

The Fifth Amendment to the United States Constitution's protection against self-incrimination applies to:

A) individuals only.
B) corporations only.
C) both individuals and corporations.
D) individuals, but only in their official capacity within a business.

Question 53

Blackmail is defined as:

A) giving money to a person to influence that person's judgment.
B) an illegal demand made by a public official.
C) an illegal demand made by a nonpublic official.
D) providing improper political influence.

Question 54

Due process rights apply to:

A) individuals only.
B) corporations only.
C) both individuals and corporations.
D) individuals, but only in their official capacity within a business.

Question 55

The Fourth Amendment to the United States Constitution's protection against unreasonable searches applies to:

A) personal homes only.
B) businesses only.
C) both homes and businesses.
D) none of these.

Question 56

Failure to give ______ means that a defendant's statements or confession cannot be used as evidence against that individual.

A) the Miranda warnings
B) the Sarbanes-Oxley warnings
C) the Fourth Amendment warnings
D) the Fifth Amendment warnings

Question 57

Perjury occurs:

A) only in federal court.
B) only in written form.
C) only in state courts.
D) In both oral and written forms.

Question 58

If a person unlawfully gains access to a computer and fraudulently causes goods to be "lost" from their true destination, he might be guilty of _______.

A) circumventing logistics transfers.
B) computer raiding.
C) economic espionage by computer.
D) diverted delivery by computer.

Question 59

Computer crimes include:

A) theft of hardware.
B) theft of software.
C) intentional damage to information stored on a computer.
D) All of these.

Question 60

Sally operates a large manufacturing firm near a federal land preserve known for its waterfowl and fauna. The federal government has just filed suit against Sally and her corporation, charging them with criminal violations of various environmental protection statutes. What rights do Sally and her corporation have that are guaranteed under the United States Constitution?