Deck 13: Criminal Law and Business

Question 1

The Securities and Exchange Commission (SEC)can use confidential reports obtained in the course of its routine operations to establish a violation of federal law.

Answer 1

False
Explanation: Fourth Amendment protection also extends to certain civil matters. The Securities and Exchange Commission (SEC) cannot use confidential reports obtained in the course of its routine operations to establish a violation of federal law.

Question 2

Mere silence can invoke Miranda protections.

Answer 2

False
Explanation: Mere silence does not invoke Miranda protections. Criminal suspects must speak up and make it clear that they are invoking their Miranda rights.

Question 3

Misdemeanors are punishable by a mandatory jail sentence of 18 months.

Answer 3

False
Explanation: Misdemeanors are punishable by a fine or jail sentence of less than one year. Crimes are classified as felonies or misdemeanors. This classification is based on the punishment imposed if a person is convicted of the alleged crime.

Question 4

Grand jurors may subpoena business records.

Question 5

Defense counsel is not allowed to accompany a witness before a grand jury.

Question 6

Once a grand jury is convened,not more than ten members must be present to hear evidence and vote on cases.

Question 7

Felonies are punishable by fine or imprisonment in a penitentiary for a period of one year or more.

Question 8

The protection against compulsory self-incrimination applies to corporations,including professional corporations and partnerships.

Question 9

The only business protected by the Fifth Amendment privilege against compulsory self-incrimination is a sole proprietorship.

Question 10

Courts allow individuals to be tried twice by the same governmental entity for the same crime based on the same factual situation.

Question 11

The plea nolo contendere allows sentencing just as if the defendant pleaded guilty or was found guilty.

Question 12

In the context of criminal intent,knowledge can be easily established by demonstrating that the accused was negligent,careless,or foolish.

Question 13

The Bill of Rights was passed because of the concern that too much power was given to a central government by the Constitution at the expense of the individual citizen.

Question 14

A city building inspector must obtain a search warrant to inspect for building code violations if the owner of the premises objects to the search.

Question 15

Exigent circumstances justify a warrantless search when the exigency is created or manufactured by the police.

Question 16

Felony cases are commenced with the filing of an information,and misdemeanors are commenced by a grand jury indictment.

Question 17

The grand jury attempts to determine if the accused is guilty of a crime.

Question 18

The Fifth Amendment protects the accused from being compelled to produce real or physical evidence.

Question 19

White-collar crimes are largely dependent on the threat of physical force or violence.

Question 20

In a criminal trial,when a defendant is found not guilty,the prosecutor is required to request a second trial from the judge (or jury).

Question 21

A person can be convicted of conspiracy even if he or she did not know all the details of an unlawful scheme.

Question 22

Unsuccessful concealment can be used as a defense in the case of a bankruptcy crime.

Question 23

Recent trends suggest an increase in prosecution of white-collar criminals and legislative efforts to protect the public from fraud.

Question 24

In civil law,the doctrine of res judicata bars subsequent civil actions involving the same parties,claims,demands,or causes of action.

Question 25

______ are punishable by a fine or jail sentence of less than one year.

A) Felonies
B) Conspiracies
C) Larcenies
D) Misdemeanors
E) Embezzlements

Question 26

Which of the following is an example of a white-collar crime?

A) homicide
B) genocide
C) kickback
D) manslaughter
E) euthanasia

Question 27

In a case of fraud,the government must prove actual reliance upon the defendant's misrepresentation.

Question 28

The jury's perspective on facts is used in preference to the professional,or perhaps biased,response of a judge.

Question 29

A person cannot be charged with conspiracy if the individual becomes involved after the conspiracy is stopped and the criminal conduct does not occur.

Question 30

A formal agreement among members is necessary in a crime involving conspiracy.

Question 31

The classification of crimes as felonies or misdemeanors is based on the

A) location.
B) prior record of the defendant.
C) punishment imposed if convicted.
D) judge's prerogative.
E) jury's indictment.

Question 32

The right to an attorney exists in any cases where incarceration is a possible punishment.

Question 33

The Sixth Amendment gives the right to a speedy and public trial in a criminal matter.

Question 34

In accordance with the sentencing guidelines,federal judges are not allowed to decide for themselves if the defendants deserve sentences longer or shorter than the ranges in the guidelines.

Question 35

A person in a private civil action found to have violated the Racketeer Influenced and Corrupt Organizations Act (RICO)is liable for treble,or triple,damages as well as for costs and attorneys' fees.

Question 36

Stealing company property such as vehicles or computers is a form of larceny.

Question 37

An insured bank is one whose deposits are insured by the Federal Deposit Insurance Corporation.

Question 38

The essence of a conspiracy offense is the making of the agreement itself without the commission of any overt act.

Question 39

Which of the following statements is true of a white-collar crime?

A) It is usually committed for personal financial gain.
B) It predominantly involves heavy use of violence and physical force.
C) It excludes criminals of high socioeconomic status.
D) It is based on personal revenge rather than material or property gains.
E) It predominantly applies to offenses that occur outside a business or a professional setting.

Question 40

The right to a jury trial extends to state juvenile court proceedings.

Question 41

Which of the following terms refers to the determination by a majority of the grand jury that a crime has been committed and that the evidence is sufficient to warrant the accused's standing trial?

A) probable cause
B) nolo contendere
C) presumption of innocence
D) self-incrimination
E) presumption of guilt

Question 42

Which of the following is true of the double jeopardy clause?

A) It states that a person can be tried twice for the same offense under criminal and civil law.
B) It states that a person cannot be tried twice even if the same crime violates both federal and state laws.
C) It states that a federal and state governmental prosecutor cannot cooperate for one conviction.
D) It states that if the factual evidence is the same, an individual can be tried twice under different sections of law.
E) It allows for two trials, one in federal court and the other in a state court, if an individual violates both federal and state laws.

Question 43

Which of the following scenarios is an example of an irrevocable consent to a warrantless search?

A) a person living in his or her apartment
B) a building constructor suspected to have violated a building code
C) a lawyer's office
D) a passenger making his or her way through an airport checkpoint
E) a celebrity having a party on his or her premises

Question 44

Which of the following statements is true of a grand jury?

A) It requires the presence of at least 21 persons to hear evidence and vote on cases.
B) It normally consists of 12 citizens who live within the jurisdiction of the court.
C) It usually attempts to determine if the accused is guilty of a crime.
D) It is not authorized to subpoena business records.
E) It uses probable cause as the standard to obtain an indictment.

Question 45

Which of the following statements is true of the Fifth Amendment?

A) It excludes those individuals who are under compulsory self-incrimination.
B) It protects the accused from being compelled to produce real or physical evidence.
C) It allows the use of written evidence in self-incrimination cases.
D) It is extremely effective against a sole proprietorship business.
E) It is beyond its scope to protect an accused from being forced to testify against himself or herself.

Question 46

______ is a plan or program designed to take from a person the tangible right of honest services.

A) Theft by deception
B) A scheme to defraud
C) An intent to defraud
D) Fraudulent misrepresentation
E) Disparagement

Question 47

Which of the following is an example of a Ponzi scheme?

A) Ursula pays an advance of $500 to Stan Electronics for a microwave oven, which is not delivered to her as promised.
B) Harry assumes his father Tom's identity when swiping Tom's credit card for purchases and signing the receipts.
C) Jenny receives a call from a person selling mobile phones and purchases a phone by giving her financial information to the unknown caller.
D) Heidi receives an e-mail which offers her an opportunity to share a percentage of millions of dollars.
E) James invests his funds with Tim who promises James high returns but flees with the remainder of the money after attracting new investors.

Question 48

The Fifth Amendment provides in part that no "person [shall] be subject for the same offense to be twice put in jeopardy of life or limb." This is known as the ______.

A) exculpatory clause
B) double jeopardy clause
C) defendant protection clause
D) specific crime clause
E) double trial clause

Question 49

Which of the following type of fraud combines the threat of impersonation fraud with a variation of an advance fee scheme where the recipient has the "opportunity" to share a percentage of millions of dollars?

A) "419" fraud
B) Ponzi scheme
C) embezzlement
D) identity fraud
E) telemarketing fraud

Question 50

Which of the following is a feature of a grand jury?

A) A grand jury attempts to determine if the accused is guilty or innocent.
B) A grand jury serves as an investigative body.
C) A grand jury consists of sixteen citizens.
D) A grand jury presents the evidence to determine the guilt of the accused.
E) A grand jury consists of a group of bureaucrats and lawyers.

Question 51

Proper functioning of the grand jury system depends upon the

A) performance of the petit jury.
B) number of accused in a case.
C) secrecy of the proceedings.
D) date of the actual crime.
E) socioeconomic status of the criminals in a case.

Question 52

Which of the following is true about making arrests in "exigent circumstances"?

A) Police officers are required to consult lawyers and district attorneys about the criminal case.
B) Police officers are to required halt any further operations of investigation and hand over the investigation to higher authorities.
C) Police officers are required to withdraw from making any further arrests in a criminal case.
D) Police officers are allowed to conduct a search without any search warrants.
E) Police officers are not permitted to conduct any search of the premises of persons who are innocent of criminal conduct.

Question 53

The Fifth Amendment is best known for its protection against

A) compulsory self-incrimination.
B) probable cause.
C) search warrants.
D) nolo contendere.
E) larceny.

Question 54

Which of the following refers to nolo contendere?

A) guilty
B) double jeopardy
C) not guilty
D) larceny
E) no contest

Question 55

Which of the following terms denotes the rights that protect individuals from the power of the government,including individuals accused of crimes?

A) civil liberties
B) nolo contendere
C) probable cause
D) presumption of innocence
E) novation

Question 56

Which of the following is a type of fraud that occurs when the victim pays money to someone in anticipation of receiving something of greater value,then receives little or nothing in return?

A) impersonation fraud
B) telemarketing fraud
C) advance fee scheme
D) identity fraud
E) Ponzi scheme

Question 57

A grand jury transcript may be used at a trial to

A) make additional charges.
B) impeach a witness.
C) substitute for testimonies of witnesses unavailable at trial.
D) give a judge background and insight as to how the indictment was arrived at.
E) pronounce the guilt of the accused.

Question 58

Which of the following statements is true of a nolo contendere plea?

A) It excuses a defendant from jail sentence.
B) It allows the prosecutors to bring forth a civil and a criminal suit against the defendant.
C) It imposes the cost of the trial on the defendant.
D) It avoids criminal convictions that may provide a basis for civil suits.
E) It is referred to as a plea of absolute contest.

Question 59

Double jeopardy means

A) committing the same crime twice.
B) the prohibition of trials of the same crime in state and federal courts.
C) losing the trial and the appeal in the same case.
D) being arrested twice for gambling.
E) being tried for the same crime twice.

Question 60

Which of the following statements is true about the right of a police officer to search a person,automobile,or premises?

A) Officers carrying out a search are usually excused from providing evidence of a crime to court to obtain search warrants.
B) Officers making an arrest need a search warrant to search the immediate area around that person for weapons.
C) The right to search for evidence is extended to the premises of persons who are innocent of criminal conduct.
D) Building inspectors have the right to inspect for building code violations without a warrant even when the owner of the premises objects.
E) A warrantless inspection of commercial premises is unconstitutional and violates the Fourth Amendment.

Question 61

In the presence of a scheme to defraud,who has the burden of proof?

A) the government
B) the defendant
C) the judge
D) the jury
E) the U.S. Constitution

Question 62

______ is the unlawful taking of personal property with the intent to deprive the rightful owner of it permanently.

A) Racketeering
B) Insider trading
C) Larceny
D) Conspiracy
E) Concealment

Question 63

Rummaging through trash looking for personal information is known as ______.

A) skimming
B) dumpster diving
C) phishing
D) larceny
E) racketeering

Question 64

Which of the following statements is true of embezzlement?

A) It is hardly committed by highly trusted employees with access to cash or to the check-writing process.
B) It excludes the appropriation of funds for personal use by an employee from an employer.
C) It can increase the chances of more similar frauds if cosigned checks are used.
D) It is a crime easily committed when there is a lack of internal control over funds.
E) It refers to making payments to a person who has facilitated a criminal transaction.

Question 65

Any transaction or event knowingly committed by a conspirator in an attempt to accomplish some object of the conspiracy is called an ______.

A) arson
B) oblique act
C) overt act
D) obligatory act
E) assault

Question 66

Cooper Inc.was a company that operated primarily by sending out e-mails to its customers and requesting them to invest in their firm.Many such customers who invested later found that such a company didn't exist and that the company had merely acquired all their personal information for its own use.This scenario is an example of ______.

A) skimming
B) dumpster diving
C) phishing
D) wire fraud
E) hacking

Question 67

Thelma and Louise are out bar hopping on a Friday night.Thelma is driving to the next bar when Louise asks her to stop at a convenience store so she can "make a withdrawal." Thelma thinks that Louise is using an ATM when Louise pulls out a gun from her purse and holds up the store.Louise walks out of the store without firing any shots.The police arrest both at their next bar stop.Louise is guilty of

A) aiding and abetting.
B) robbery.
C) conspiracy.
D) fraud.
E) burglary.

Question 68

A statement or representation is ______ if it is known to be untrue or is made with reckless indifference as to its truth or falsity.

A) fraudulent
B) a material fact
C) a felony
D) a misdemeanor
E) in good faith

Question 69

Which of the following statements is true of a material fact?

A) It means to act knowingly and with a specific intent to deceive someone, ordinarily for bringing financial gain to oneself or causing financial loss to that person.
B) It is a plan or a program designed to take from a person the tangible right of honest services.
C) It is important to a reasonable person in deciding whether or not to engage in a particular transaction.
D) It can be a defense to a contract and can also form the basis of a civil tort action.
E) It is a statement or representation that is known to be untrue or is made with reckless indifference to its truth or falsity.

Question 70

To convict a person of a conspiracy,______.

A) a formal agreement must exist between all members
B) all members must plan all details of the scheme
C) one person must plan and commit the crime
D) two or more people must be involved in the accomplishment of a common and unlawful plan
E) the victim must prove damages suffered due to the act of two or more individuals

Question 71

Which of the following is necessary to prove the intent to fraud?

A) The defendant must establish beyond a reasonable doubt that there is lack of intent to defraud.
B) The government has to prove actual reliance on the defendant's misrepresentations.
C) The government has to produce proof of damages to apply criminal liability for mail and wire fraud.
D) The government must establish beyond a reasonable doubt that the defendant acted with a specific intent to defraud.
E) The defendant has to prove that he or she acted in good faith and that his or her actions caused no damages to the government.

Question 72

Which of the following is an example of larceny?

A) A person is caught shoplifting.
B) A person makes a false statement to the United States Department of Agriculture.
C) A person breaks into a shop to steal but is unable to do so.
D) An individual presents a false claim in a bankruptcy proceeding.
E) Two people partner to rob a neighborhood store.

Question 73

In a criminal activity,which of the following refers to the payments made to a person who has facilitated a transaction?

A) kickbacks
B) accessories
C) advance fees
D) novations
E) counterfeits

Question 74

______ is a complete defense to fraud as it is inconsistent with the defendant's intent to defraud or willfulness,purposes essential to the charges.

A) Negligence
B) Good faith
C) Credibility
D) Reasonableness
E) Probable cause

Question 75

Shawn files for bankruptcy.However,he does not mention his farmhouse in Farmington in the bankruptcy proceedings.The farmhouse is later discovered by the mortgage firm and included in the proceedings.Which of the following is true in this case?

A) Shawn is guilty of the offense of concealment.
B) Shawn can use the discovery of the estate as a defense to his concealment.
C) Shawn is guilty of larceny as he did not reveal his estate during bankruptcy proceedings.
D) Shawn can be found guilty of counterfeiting.
E) Shawn is likely to be found not guilty since the estate was recovered and included in the proceedings.

Question 76

Which of the following best defines phishing?

A) It is rummaging through the trash looking for personal information.
B) It is pretending to be financial institutions or companies in order to get individuals to reveal their personal information.
C) It is stealing credit or debit card numbers by using a special storage device when processing a card.
D) It is diverting billing statements to other locations.
E) It is stealing wallets, purses, mail, credit cards, checks, tax information, and so forth.

Question 77

Any person,including the debtor,in possession of property belonging to the estate of a debtor in bankruptcy is guilty of a ______ if he or she conceals the property from the person charged with control of the property in the bankruptcy proceeding.

A) misdemeanor
B) misappropriation
C) felony
D) conspiracy
E) kickback

Question 78

Tom enters Kathy's home through an unlatched window intending to steal a painting that she has in her bedroom.When he gets to her bedroom door,he learns that Kathy is still awake and isn't alone and leaves the house.Which of the following is true of this situation?

A) Tom is guilty of conspiracy.
B) Tom is guilty of robbery.
C) Tom is guilty of burglary.
D) Tom is guilty of nothing as he did not steal anything from the house.
E) Tom is guilty of theft by deception.

Question 79

A(n)______ is an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other member.

A) embezzlement
B) kickback
C) referral
D) conspiracy
E) false statement

Question 80

Stealing credit card or debit card information by using a special storage device when someone is processing their card is called ______.

A) phishing
B) hacking
C) infringing
D) spamming
E) skimming