Deck 7: Cyber Law and Cyber Crimes

Question 1

In a criminal case, the government is represented by the ________.

A) prosecutor
B) public defender
C) judge
D) persecutor

Answer 1

prosecutor

Question 2

The two elements that are required to be found guilty of an intent crime are ________ and ________.

A) nolo contendere; res ipsa loquitur
B) felony; misdemeanor
C) criminal act/actus reus; criminal intent/mens rea
D) felony; conspiracy

Answer 2

criminal act/actus reus; criminal intent/mens rea

Question 3

In legal terminology, evil intent is also known as ________.

A) nolo contendere
B) actus reus
C) mens rea
D) res ipsa loquitur

Answer 3

mens rea

Question 4

Which of the following is a difference between indictments and information statements?

A) Indictments are issued before a trial, while an information statement is issued after a trial.
B) Indictments are issued by a grand jury, while an information statement is issued by a magistrate.
C) Information statements are issued to dismiss a case before it goes to trial, while an indictment is issued to bring a case to trial.
D) Information statements are issued without determining guilt, while an indictment is issued where guilt is evident.

Question 5

Roland and Kelly were involved in a car accident in which Kelly was badly injured and had to be hospitalized. After the accident was investigated, it was determined that Roland's negligence was the cause of the accident. He was charged with reckless driving, a crime. In criminal proceedings, what course of action should Roland take to prevent Kelly from using evidence of his guilt against him in a subsequent civil trial seeking recovery for her injuries and hospital bills?

A) plead not guilty and go to trial
B) enter into a plea of nolo contendere
C) plead guilty and serve the punishment established by the government
D) enter into a plea bargain with the government, admitting guilt but receiving less punishment in return for the plea

Question 6

What is meant by a "hung jury,"
and what options are available after there is one at a criminal trial?

Question 7

The involuntary manslaughter is different from first-degree murder, second-degree murder, and voluntary manslaughter, because involuntary manslaughter ________.

A) is exclusively a civil infraction.
B) is not a criminal offense.
C) is a nonintent crime.
D) requires the use of a motor vehicle.

Question 8

Describe the different degrees of murder defined in the laws of most states.

Question 9

Richard Bell, an organized crime boss and casino owner, has made a lot of money with his illegal drug operations and illegal gambling. In order to make it look like he earned the drug money legitimately, Richard has hired crooks to take the illegal money and spend it in Richard's casinos in discreet amounts. The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings.

- What crime is Richard committing in converting his drug money to alleged legal money?

A) money laundering
B) misappropriation
C) extortion
D) embezzlement

Question 10

Richard Bell, an organized crime boss and casino owner, has made a lot of money with his illegal drug operations and illegal gambling. In order to make it look like he earned the drug money legitimately, Richard has hired crooks to take the illegal money and spend it in Richard's casinos in discreet amounts. The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings.

- If he were caught, under which federal law would Richard be tried for his mob activities?

A) Counterfeit Access Device and Computer Fraud and Abuse Act
B) Identity Theft and Assumption Deterrence Act
C) Racketeer Influenced and Corrupt Organizations Act
D) Information Infrastructure Protection Act

Question 11

Frank Carpenter, who runs a charity organization, has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations. He gets hold of the checks from his father's personal assistant, Rhonda Mason, who is also Frank's friend and the charity's trustee. After faking the signature, Frank gives the checks to Rhonda to deposit in the bank. But unbeknownst to Frank, Rhonda routes some of the check money into her own savings account. Frank's father, Dawson, realizes that money is being withdrawn from his account without his consent. He suspects his estranged son, Frank, and in order to find out if Frank is involved, Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings. The accountant accepts the money and gives access to the account books. After scrutinizing the financial records, Dawson realizes that Frank has been swindling him of his money, and the charity itself was being swindled by somebody from within.

- With this information, Dawson proceeds to file a suit against his son. In the above scenario, which of the following crimes has Rhonda Mason committed?

A) forgery
B) bribery
C) embezzlement
D) extortion

Question 12

Frank Carpenter, who runs a charity organization, has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations. He gets hold of the checks from his father's personal assistant, Rhonda Mason, who is also Frank's friend and the charity's trustee. After faking the signature, Frank gives the checks to Rhonda to deposit in the bank. But unbeknownst to Frank, Rhonda routes some of the check money into her own savings account. Frank's father, Dawson, realizes that money is being withdrawn from his account without his consent. He suspects his estranged son, Frank, and in order to find out if Frank is involved, Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings. The accountant accepts the money and gives access to the account books. After scrutinizing the financial records, Dawson realizes that Frank has been swindling him of his money, and the charity itself was being swindled by somebody from within.

-With this information, Dawson proceeds to file a suit against his son. In the above scenario, what illegal activity did the financial accountant of the charity partake in?

A) larceny
B) bribery
C) extortion
D) embezzlement

Question 13

Frank Carpenter, who runs a charity organization, has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations. He gets hold of the checks from his father's personal assistant, Rhonda Mason, who is also Frank's friend and the charity's trustee. After faking the signature, Frank gives the checks to Rhonda to deposit in the bank. But unbeknownst to Frank, Rhonda routes some of the check money into her own savings account. Frank's father, Dawson, realizes that money is being withdrawn from his account without his consent. He suspects his estranged son, Frank, and in order to find out if Frank is involved, Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings. The accountant accepts the money and gives access to the account books. After scrutinizing the financial records, Dawson realizes that Frank has been swindling him of his money, and the charity itself was being swindled by somebody from within.

-With this information, Dawson proceeds to file a suit against his son. In the above scenario, of which illegal activity are Rhonda and Frank guilty when it came to using Dawson's money for the charity?

A) bribery
B) criminal conspiracy
C) extortion
D) forgery

Question 14

Frank Carpenter, who runs a charity organization, has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations. He gets hold of the checks from his father's personal assistant, Rhonda Mason, who is also Frank's friend and the charity's trustee. After faking the signature, Frank gives the checks to Rhonda to deposit in the bank. But unbeknownst to Frank, Rhonda routes some of the check money into her own savings account. Frank's father, Dawson, realizes that money is being withdrawn from his account without his consent. He suspects his estranged son, Frank, and in order to find out if Frank is involved, Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings. The accountant accepts the money and gives access to the account books. After scrutinizing the financial records, Dawson realizes that Frank has been swindling him of his money, and the charity itself was being swindled by somebody from within.

-With this information, Dawson proceeds to file a suit against his son. In the above scenario, which criminal activity is Frank engaging in when faking his father's signature?

A) embezzlement
B) forgery
C) bribery
D) extortion

Question 15

________ crimes are prone to being committed by businesspersons, and usually involve cunning and deceit rather than physical force.

A) Political
B) White-collar
C) Blue-collar
D) Psychological

Question 16

________ is a federal act that provides for both criminal and civil penalties for racketeering.

A) Sherman Antitrust Act
B) Racketeer Influenced and Corrupt Organizations Act (RICO)
C) Smoot-Hawley Tariff Act
D) Money Laundering Control Act

Question 17

Rick is a sales manager for ABC Airplane Parts, and Tony is the head of purchasing for XYZ Regional Airlines. In order to secure purchase orders from XYZ, Rick meets Tony at a diner and gives Tony a briefcase containing $100,000 in cash. Tony takes the cash and soon after ABC is the biggest parts supplier to XYZ. With regards to the crime of bribery, ________.

A) both Rick and Tony could be prosecuted
B) only Rick, as the offeror, could be prosecuted
C) only Tony, since he accepted the cash, could be prosecuted
D) neither could be prosecuted since neither are government officials

Question 18

Despite doing some things in college of which he's now not proud, Bill has gone on to become a billionaire celebrity. Recently Bill received a phone call from his old fraternity brother Pat. It seems that Pat was cleaning out his attic and found some old photos of Bill in embarrassing situations. Pat tells Bill that unless Bill pays him $100,000, he's going to the tabloids with the photos. Pat has just committed ________.

A) no crime if the photographs are accurate
B) extortion, but only if the photographs have been altered
C) extortion, regardless of the truth or falsity of the photos
D) bribery, but only if Bill pays the $100,000 cash

Question 19

Bernie was conducting a massive securities fraud scam utilizing emails and FedEx to perpetrate the fraud. If arrested, federal prosecutors are likely to charge Bernie with securities fraud and ________.

A) wire fraud, but not mail fraud since Fed Ex is not the postal service
B) mail fraud, but not wire fraud since emails are not covered under the wire fraud statute
C) nothing else, since federal prosecutors are not allowed to file multiple charges against the same defendant
D) both mail fraud and wire fraud

Question 20

Obtaining title to property through deception or trickery constitutes the crime of ________.

A) criminal fraud
B) embezzlement
C) conspiracy
D) racketeering

Question 21

Businesses that make excellent money laundries include ________.

A) restaurants and motels
B) bridal shops and tuxedo rental stores
C) optometrist and podiatry practices
D) internet service providers and electric utilities

Question 22

Wayne is considering accessing his ex-wife's computer to read her emails. If he does, could Wayne be in violation of the federal Information Infrastructure Protection Act?

A) Yes, assuming Wayne was not authorized.
B) No, unless Wayne did so for commercial benefit.
C) No, ex-spouses are subject to the jurisdiction of state divorce courts.
D) No, because of spousal immunity.

Question 23

Mona was curious as to whether her new boyfriend, Leonardo, was really as rich as he appeared. Mona was able to figure out the usernames and passwords Leonardo used at each of the financial institutions where Leonardo had accounts. Mona used this information to access all of Leonardo's financial records and was pleasantly surprised to find that Leonardo was wealthier than she had thought. Mona ________.

A) could not be prosecuted because the financial records are not protected by federal law
B) could not be prosecuted because the records she accessed did not constitute restricted federal government information
C) could potentially be prosecuted for violation of the Information Infrastructure Protection Act
D) could not be prosecuted as Mona and Leonardo were in a pre-existing relationship

Question 24

Briefly describe the purpose of the following federal laws to combat cybercrime:The Identity Theft and Assumption Deterrence Act, The Information Infrastructure Protection Act, The Counterfeit Access Device and Computer Fraud and Abuse Act, and The Electronic Communications Privacy Act.

Question 25

What is meant by "fruit of a tainted tree"?

Question 26

The Fifth Amendment to the U.S. Constitution provides that no person "shall be compelled in any criminal case to be a witness against himself." This right is referred to as the ________.

A) protection against double jeopardy
B) right to due process
C) right to a public jury trial
D) privilege against self-incrimination

Question 27

The Miranda rights, to be read to a criminal suspect before he or she is interrogated by the police or other government officials, do NOT include:

A) You have the right to remain silent.
B) You have the right to make one telephone call to a relative.
C) You have the right to consult a lawyer and to have a lawyer present with you during interrogation.
D) If you cannot afford a lawyer, a lawyer will be appointed free of charge to represent you.

Question 28

The attorney-client privilege can be raised ________.

A) only by the defendant
B) only by the attorney
C) by either the defendant or the attorney
D) only jointly by both the defendant and the attorney

Question 29

This privilege has been recognized under the Fifth Amendment by which an accused may keep the following individuals from being witnesses against him or her.

A) The professor-student privilege.
B) The bartender//barber/hair stylist-customer privilege.
C) The priest/rabbi/minister/imam-penitent privilege.
D) The fraternity brother/sorority sister -fraternity brother/sorority sister privilege.

Question 30

The ________ Amendment to the U.S. Constitution guarantees that a criminal defendant has the right to a public jury trial.

A) Fifth
B) Eighth
C) Fourth
D) Sixth

Question 31

Explain what is meant by the Double Jeopardy Clause. If a defendant was conducting a criminal enterprise that violated both state and federal law, and the defendant was tried and found not guilty in a state court, can a federal government still prosecute this person? Explain.