Question 1

The earliest statutes designed to deal with "racketeering" are collectively known as the:

Accepted Answer

The Hobbs Act is the earliest statute designed to deal with "racketeering." It was enacted in 1946 and prohibits extortion and robbery that affects interstate or foreign commerce. The other options listed are not directly related to racketeering. The Harrison Act (1914) regulates and taxes the production, importation, and distribution of opiates and cocaine. The Anti-Drug Abuse Act (1986) provides for increased penalties for drug offenses and created a federal sentencing commission. The Comprehensive Crime Control Act (1984) is a comprehensive bill that includes provisions for sentencing reform, victim compensation, and increased funding for law enforcement agencies.

Question 2

n 1970, in response to increasing reports of people bringing bags full of illegally obtained cash into banks for deposit, Congress enacted the statute commonly referred to as the:

Accepted Answer

The Bank Secrecy Act (BSA) was enacted in 1970 in response to increasing reports of people bringing bags full of illegally obtained cash (large amounts of money) into banks for deposit. The BSA requires financial institutions to report certain transactions to the government to help prevent money laundering and other financial crimes.

Question 3

Which of the following is not one of the three basic types of conspiracy?

Accepted Answer

The three basic types of conspiracy are chain, wheel, and enterprise. Syndicate is not one of them.

Question 4

What type of activity did the Sherman Anti-Trust Act prohibit?

Accepted Answer

The Sherman Anti-Trust Act prohibited restraint of trade, which includes any agreements or actions that limit competition or monopolize a market. It was meant to prevent businesses from using unfair practices to control a market and harm consumers. It did not address drug trafficking, human trafficking, or tax evasion.

Question 5

The ____________ makes it a federal crime to engage in criminal behavior that interferes with interstate commerce.

Accepted Answer

The Hobbs Act, also known as the Hobbs Anti-Racketeering Act, makes it a federal crime to engage in criminal behavior that interferes with interstate commerce. This includes extortion, robbery, and other violent crimes that affect the flow of interstate commerce. The act was passed in 1946 and has been used by federal prosecutors to target organized crime and corruption. The other options listed (Harrison Act, Anti-Drug Abuse Act, and Comprehensive Crime Control Act) do not specifically address interference with interstate commerce as a federal crime.

Question 6

In 1914, which Act made it illegal to sell or give away opium or opium derivatives and coca or its derivatives without written order on a form issued by the Commissioner of Revenue?

Accepted Answer

The Harrison Act was passed in 1914 and it made it illegal to sell or give away opium or opium derivatives and coca or its derivatives without written order on a form issued by the Commissioner of Revenue.

Question 7

The investigation and prosecution of organized crime per se has largely been a responsibility of the __________.

Accepted Answer

The investigation and prosecution of organized crime primarily fall under the jurisdiction of federal law enforcement agencies, such as the FBI, rather than local or municipal governments. This is due to the fact that organized crime often involves the crossing of state or international borders, which can only be fully addressed by federal authorities.

Question 8

he 1968 Consumer Credit Act (18 U.S.C. ections 891-94) was designed to combat:

Accepted Answer

The 1968 Consumer Credit Act was specifically designed to combat loansharking by establishing stronger regulations and penalties for illegal lending practices. Racketeering, gambling, and drug abuse were not the primary focus of this legislation.

Question 9

ICO defines ____________ as any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, or dealing in narcotic or other dangerous drugs, which is chargeable under State law and punishable by imprisonment for more than one year.

Accepted Answer

The definition given in the question is that of racketeering, as per the ICO. Racketeering involves engaging in or threatening violent criminal acts as a means of conducting illegal businesses or organized criminal activities.

Question 10

_____________ is an agreement between two or more persons to commit a criminal act; it is the agreement that becomes the corpus (body) of the crime.

Accepted Answer

Conspiracy is the agreement between two or more people to commit a criminal act. In this, the agreement itself is the crime, regardless of whether or not the planned crime is ever carried out.

Question 11

_____________ is defined as any extension of credit with respect to which is the understanding of the creditor and the debtor at the time the loan is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause the harm to the person, reputation, or property of any person.

Accepted Answer

The definition provided describes loan shark debt, which is typically associated with predatory lending practices and the use of illegal means to enforce payment. Option A, credit debt, does not necessarily involve the threat of violence, while option C, gambling debt, is related to betting and has a different context. Option D, lender's fee, refers to a charge assessed by a creditor for the use of their funds and is not related to the use of violent or criminal means to enforce payment.

Question 12

he ________ theory allows the government to seize property that represents the gains from certain specified unlawful activities.

Accepted Answer

The term "proceeds" refers to the profits or gains made from specified unlawful activities, and asset forfeiture laws under the proceeds theory allow the government to seize property that represents those proceeds.

Question 13

____________ forfeiture is an in rem proceeding.

Accepted Answer

Civil forfeiture is a legal process in which the government can seize assets that are suspected to have been involved in illegal activity. It is an in rem proceeding, meaning that it is against the property itself rather than any specific person. Criminal forfeiture, on the other hand, is a part of a criminal case and requires a conviction of a crime. Personal and social forfeiture are not recognized legal terms.

Question 14

n 1972, ______________ enacted civil RICO legislation with the seizure and forfeiture provision.

Accepted Answer

In 1972, Hawaii enacted civil RICO legislation with the seizure and forfeiture provision.

Question 15

The ____________ imposes mandatory prison sentences for certain drug offenses and a mandatory doubling of the minimum penalties for offenders with prior felony drug convictions.

Accepted Answer

The Anti-Drug Abuse Act of 1986 is the legislation that imposed mandatory prison sentences for certain drug offenses and mandated a doubling of the minimum penalties for offenders with prior felony drug convictions. This law also established the Office of National Drug Control Policy and authorized funding for drug education, prevention, and treatment programs.

Question 16

o obtain a seizure order (actually a warrant), the government must provide ______________ the property to be seized and why there is reason to believe that it is being used to commit crimes or was acquired with money from criminal activity.

Accepted Answer

Sworn testimony in an affidavit spelling out the property to be seized and why there is reason to believe that it is being used to commit crimes or was acquired with money from criminal activity is the legal requirement for obtaining a seizure order.

Question 17

he ____________ statute makes it a crime to commit or conspire to commit a continuing series of felony violations of the 1970 Drug Abuse Prevention and Control Act when the violations are undertaken in concert with 5 or more persons.

Accepted Answer

The statute described in the question is commonly known as the Continuing Criminal Enterprise (CCE) statute, which is a provision of the 1970 Drug Abuse Prevention and Control Act. The CCE statute makes it a crime to engage in a continuing series of felony violations of drug laws as part of a group of five or more persons. This statute is aimed at prosecuting major drug traffickers and leaders of organized crime groups involved in the drug trade.

Question 18

_________ forfeiture is an in personam proceeding.

Accepted Answer

The answer of _________ forfeiture is an in personam proceeding.
...

Question 19

In what year was the Sherman Anti-Trust Act enacted?

Accepted Answer

The Sherman Anti-Trust Act was enacted in 1890.

Question 20

he _________ theory allows the government to seize property when it aids certain criminal conduct.

Accepted Answer

The facilitation theory allows the government to seize property when it aids or facilitates certain criminal conduct, even if the owner of the property did not directly participate in the criminal activity. This interpretation of forfeiture law is controversial and has been criticized for its potential to violate due process rights.

Quiz 14: Organized Crime: Statutes