Deck 5: Criminal Law and Cyber Crime

Question 1

It is not a crime to defraud the public through the use of e-mail ads.​

Answer 1

False

Question 2

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases.

Answer 2

False

Question 3

Falsifying public records or altering a legal document is larceny.

Answer 3

False

Question 4

Public officials prosecute criminal defendants.

Question 5

A person's intent to return embezzled property-or its actual return-is not a defense to the crime of embezzlement.

Question 6

A verdict of guilty to a criminal charge nearly always requires a unanimous jury.

Question 7

A misdemeanor is a crime punishable only by a fine.

Question 8

Embezzlement can be committed only by physically taking property from the possession of another.

Question 9

Picking pockets is not robbery.

Question 10

Racketeering is a single crime-engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

Question 11

Using social media to defraud is a federal crime.

Question 12

Changing a trademark is forgery.

Question 13

Counterfeiting is robbery.​

Question 14

Criminal law spells out the duties that exist between persons or between citizens and their governments.

Question 15

One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act.

Question 16

One purpose of criminal sanctions is to deter others from committing similar crimes in the future.

Question 17

Corporations, like persons, can be liable for crimes.

Question 18

Felonies are punishable by imprisonment for more than a year or death.

Question 19

A wrongful mental state is typically required to establish criminal liability.

Question 20

In a criminal case, the state must prove its case by a preponderance of the evidence.

Question 21

Reese, driving while intoxicated, causes a car accident that results in the death of Sanyo. Reese is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for

A) ​any period of time.
B) ​more than one year.
C) ​more than six months.
D) ​more than ten days.

Question 22

Under the exclusionary rule, illegally obtained evidence may not be included in any criminal prosecution.

Question 23

All persons who are arrested have the constitutional right to remain silent.

Question 24

The purpose of the exclusionary rule is to encourage criminals to provide exclusive evidence of their crimes.

Question 25

A stolen credit card is more likely to hurt the cardholder than a merchant.​

Question 26

Ordinarily, "ignorance of the law" or a mistaken idea about what the law requires is a valid defense to criminal liability.

Question 27

It is a federal crime to use income obtained from racketeering activity to buy an interest in any enterprise.

Question 28

Bull is arrested at a warehouse in Corporate Park and charged with the crime of theft. Bull will be prosecuted by

A) ​the owner of the warehouse.
B) ​the owner of the property that Bull is charged with stealing.
C) ​a public official.
D) ​any third party unrelated to Bull, the property, or the crime.

Question 29

In a phishing attack, the perpetrator "fishes" for financial data and passwords from a consumer by posing as a legitimate business.

Question 30

Sun-Hi, who operates a Pan-Asian restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. The standard of proof to find a defendant who has been charged with a crime guilty is

A) ​a preponderance of the evidence.
B) ​a unanimous verdict.
C) ​beyond a reasonable doubt.
D) ​clear and convincing evidence.

Question 31

Luce receives from Mim a marimba stolen from Nell. To be criminally liable, Luce must know

A) ​Mim.
B) ​Nell.
C) ​that the marimba is stolen and Luce must intend to keep it.
D) ​what a marimba is.

Question 32

Individuals who are arrested must be informed of certain constitutional rights.

Question 33

Constitutional safeguards to protect the rights of individuals apply in federal courts.

Question 34

The Fourth Amendment protects against unreasonable searches by the government.

Question 35

No federal statute specifically addresses cyber crime.

Question 36

A suspect cannot be tried twice in the same court for the same crime.

Question 37

Rhino causes a disturbance at Soufflé Café. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by

A) ​a fine only.
B) ​imprisonment up to one year.
C) ​imprisonment up to six months.
D) ​imprisonment up to ten days.

Question 38

A cyberterrorist might target a government agency, but not a business.

Question 39

A kickback for a special favor or service is a form of bribery in some situations.

Question 40

A company takes a risk by storing its online customers' credit-card numbers.

Question 41

Laird is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

A) ​forgery.
B) ​larceny.
C) ​robbery.
D) ​obtaining goods by false pretenses.

Question 42

Ossie enters a convenience store and points a gun at the clerk Pico. Ossie forces Pico to open the cash register and give him all the money. Ossie will most likely be charged with

A) ​burglary.
B) ​robbery.
C) ​larceny.
D) ​receiving stolen property.

Question 43

Sandy, a businessperson, is convicted of RICO offenses. Sandy's penalties may include

A) ​divestiture or dissolution of Sandy's business.
B) ​imprisonment for up to twenty years.
C) ​a fine of up to $25,000 per violation.
D) ​all of the choices.

Question 44

Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed

A) ​burglary.
B) ​forgery.
C) ​larceny.
D) ​no crime.

Question 45

Elbert uses FedEx in a scheme to defraud Global Sales Company by obtaining merchandise to which he is not entitled. Found guilty of mail fraud, Elbert can be punished by

A) ​imprisonment for up to fifty years.
B) ​imprisonment for up to five years and fines of up to $1,000.
C) ​fines up to $5 million.
D) ​none of the choices.

Question 46

Edie uses TV ads to defraud millions of people. She can most likely be charged with

A) ​larceny.
B) ​no crime.
C) ​robbery.
D) ​wire fraud.

Question 47

Edwin is charged with a crime. Almost all federal courts and some state courts would not hold him liable if, at the time of the offense, as a result of a mental disease or defect, he lacked substantial capacity to obey the law and to appreciate

A) ​the power of the police.
B) ​the authority of the court.
C) ​the wrongfulness of his conduct.
D) ​the fruits of his crime.

Question 48

Berto pushes Consuela to the ground, grabbing her smartphone as she falls. The use of force or fear is required for this act to constitute

A) ​burglary.
B) ​any crime.
C) ​larceny.
D) ​robbery.

Question 49

Gilda is accused of conspiracy to defraud. She is given an opportunity to object to the charge before a judge. She is also given the opportunity to confront and cross-examine witnesses and to present her own witnesses. These procedures represent

A) ​a reasonable expectation of privacy.
B) ​the prohibition against double jeopardy.
C) ​due process of law.
D) ​the privilege against self-incrimination.

Question 50

Bond, the owner of CinePlex, trusts Dex to manage the theater's daily cash flow. One night, without Bond's knowledge or consent, Dex takes and keeps $1,000 from the receipts. This is most likely

A) ​embezzlement.
B) ​larceny.
C) ​robbery.
D) ​burglary.

Question 51

Quiana, an employee of Reservations-for-Less, Inc., pays Sven, an employee of Reservations-for-Less' competitor Travel Cheap, Inc., for a secret company pricing schedule. This may be

A) ​an effective marketing strategy.
B) ​commercial bribery.​
C) ​creative legal bookkeeping.
D) ​money laundering.

Question 52

Jordan reaches into Ken's pocket and takes his wallet-without his consent and without his immediate awareness. Unlike robbery, picking pockets does not involve

A) ​breaking and entering.
B) ​force or fear.
C) ​large amounts of cash.
D) ​weapons.​

Question 53

Chad signs Dolly's name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is​

A) ​embezzlement.
B) ​forgery.
C) ​larceny.
D) ​robbery.

Question 54

Ryan is accused of auto theft. Ryan refuses to give information related to his alleged criminal activities because he suspects it will be used to prosecute him. This is

A) ​duress.
B) ​entrapment.
C) ​the privilege against self-incrimination.
D) ​necessity.

Question 55

Suzu, an employee of Ridgeline Credit Union, deposits into her personal account checks entrusted to Ridgeline through its ATM system by customers to deposit into their accounts. This is

A) ​burglary.
B) ​embezzlement.
C) ​larceny.
D) ​mail and wire fraud.

Question 56

Edith works for Fast Trades, Inc., a brokerage that facilitates frequent, quick securities transactions for investors. Edith steals her employer's computer program to start up her own competing business, Get Rich Quick, Inc. This is

A) ​obtaining goods by false pretenses.
B) ​robbery.
C) ​larceny.
D) ​no crime.

Question 57

Bev wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in her car, and drives away. This is

A) ​robbery.
B) ​forgery.
C) ​larceny.
D) ​no crime.

Question 58

Mia offers Nevin, a building inspector, money to overlook the violations in her new warehouse. Nevin accepts the money and overlooks the violations. Mia is charged with the crime of bribery. The crime occurred when

A) ​Mia decided to offer the bribe.
B) Mia offered the bribe.​
C) ​Nevin accepted the bribe.
D) ​Nevin overlooked the violations.

Question 59

Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and can

A) ​be prosecuted only for a crime about which she agreed to testify.
B) ​not be prosecuted for any crime.
C) ​not refuse to testify.
D) ​refuse to testify.

Question 60

Bruno is a businessperson with investments in legal and illegal operations. Bruno may be subject to penalties under RICO

A) ​for making an unprofitable, but legal, investment.
B) ​for the commission of any business fraud.
C) ​only in a case involving a "racket."
D) ​only in a case involving organized crime.

Question 61

Paxton uses social media to post links that, when clicked, secretly install software on hundreds of others' personal computers without their owners' knowledge Paxton's software is harmful to the computers on which he installed it. This program is

A) ​malware.
B) ​badware.
C) ​harmware.
D) ​infectware.

Question 62

Kelly is accused of receiving stolen property. She can refuse to provide information about her allegedly criminal activities

A) ​if she suspects the information will be used to prosecute her.
B) ​if the police do not promise to keep the information confidential.
C) ​if the information is "fruit of the poisonous tree."
D) ​under no circumstances.

Question 63

Cumulus Cloud Computing Services, Inc., suffers a security breach in its computer network. Before the company discovers the breach, the perpetrator obtains a large amount of confidential data, including corporate financial records, marketing plans, and other sensitive information. Has a crime been committed? If so, what are its elements? What steps might Cumulus take to ensure that going forward only authorized users access the data on its computers? Whose efforts-those of the federal government or Cumulus-are more important in securing the company's computer infrastructure, and why?

Question 64

Herb, a computer programmer for Inventory Control Ltd., is arrested in his employer's parking lot on suspicion of larceny. Herb must be informed of his right to

A) ​a trial by jury.
B) ​punishment.
C) ​question witnesses.
D) ​remain silent.

Question 65

Enrico accesses Finance Bank's computer system without authority to obtain protected financial and credit records. Under federal law, this is

A) ​a felony if it was done for a commercial purpose.
B) ​a felony if the bank brings a civil suit against Enrico.
C) ​not a crime.
D) ​a crime but not a felony.

Question 66

Don sends e-mail to Eve, promising her a percentage of the amount in a foreign bank account if she will assist in transferring the funds to a U.S. bank account. Eve forwards her account number, but the funds are never sent. Instead, Don quickly withdraws the funds in Eve's account. This is

A) ​hacking.
B) ​identity theft.
C) ​phishing.
D) ​cyber fraud.

Question 67

Rose commits an act via e-mail against Savers Bank, a business in Texas, where the act is a cyber crime. Rose resides in Utah where the act is not a crime. Prosecution of Rose in Texas involves questions of

A) ​jurisdiction.
B) ​"maximum contacts."
C) the immunity of Internet service providers.​
D) ​encryption.

Question 68

Cameron is an accountant in the accounting department of Data Analytics Company. Cameron's son's college tuition is due within a week, or he cannot continue taking classes. To meet the due date, Cameron transfers funds from Data Analytics to a fictitious bank account, planning to repay the firm within one month. The transfer is discovered before the firm is repaid, and Cameron is arrested. What crime, or crimes, if any, has Cameron committed?

Question 69

Erica, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bernie to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without

A) ​double jeopardy.
B) ​probable cause.
C) ​reasonable doubt.
D) ​immunity.

Question 70

Jade puts up a collection of sports memorabilia for bids on BuyBuy, an Internet auction site. Khalil makes the highest bid and sends the payment, which Jade receives, but she does not send the collection. This is online

A) ​hacking.
B) ​identity theft.
C) ​phishing.
D) ​cyber fraud.

Question 71

Via the Internet, Rocco sabotages the computer system of Quik Chik'n Inc., a food manufacturer, with the purpose of altering the levels of ingredients of the company's products so that consumers of the food become ill. Rocco is

A) ​a cyberterrorist.
B) ​a network employee.
C) ​an entrapper.
D) ​a prosecutor.

Question 72

Posing as Visa Bank, Walt e-mails Paula, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Walt promptly sells to O"Hara. This is

A) ​hacking.
B) ​employment fraud.
C) ​phishing.
D) ​cyberterrorism.