Deck 9: Criminal Law and Cyber Crime

Question 1

A kickback for a special favor or service is not considered a bribe.

Answer 1

False

Question 2

Picking pockets is not robbery.

Answer 2

True

Question 3

Ordinarily, "ignorance of the law is an excuse," or a valid defense to criminal liability.

Answer 3

False

Question 4

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

Question 5

Thinking about killing someone constitutes the crime of attempted murder.

Question 6

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

Question 7

A person who commits larceny can be sued under tort law.

Question 8

Most cyber crimes are "new" crimes.

Question 9

Any crime that requires knowledge of computer technology for its investigation is a computer crime.

Question 10

A wrongful mental state is typically required for criminal liability.

Question 11

Dishing is phishing that involves voice communication.

Question 12

A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.

Question 13

Gail is a "payday" lender charged with filing false claims in bankruptcy proceedings against her debtors. The standard of proof to find a defendant who has been charged with a crime guilty is

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

Question 14

A misdemeanor is a crime punishable only by a fine.

Question 15

A stolen credit card is more likely to hurt a consumer than a merchant.

Question 16

A hacker is someone who uses one computer to break into another.

Question 17

It may be a crime to take another's property, but it is not a crime to receive stolen goods.

Question 18

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

Question 19

It is not identity theft to use a fabricated identity to access financial resources online.

Question 20

A person's intent to return embezzled property is a defense to the crime of embezzlement.

Question 21

Refer to Fact Pattern 9-1. Minka's secretly installed software allows her to forward transmissions from her unauthorized network to even more systems. This network is

A) a hacker.
B) a bot.
C) a botnet.
D) a worm.

Question 22

Vance points a gun at Workman, threatening to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense

A) nothing.
B) duress.
C) entrapment.
D) self-defense.

Question 23

Plato works for Quirky Squirters, Inc. During work hours, Plato "steals" his employer's computer time to start up his own business, Rowdy Drenchers. This is

A) burglary.
B) robbery.
C) larceny.
D) no crime.

Question 24

Riley, a Sterling Bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts. This is

A) burglary.
B) embezzlement.
C) larceny.
D) money laundering.

Question 25

Jean sends e-mail to Irwin promising a percentage of the amount in an African bank account for assistance in transferring the funds to a U.S. bank account. Irwin forwards his account number, but the funds are never sent. Instead, Jean quickly withdraws the funds in Irwin's account. This is

A) online greed but not fraud.
B) an online "fool-me-once, shame on you" occurrence but not fraud.
C) online gambling but not fraud.
D) online fraud.

Question 26

Sven receives an MP3 player stolen from Tomas. To be criminally liable, Sven must know

A) the player is stolen.
B) Tomas is the true owner.
C) how to operate an MP3 player.
D) what an MP3 player is.

Question 27

Rashad accesses Quant Company's computer system without authority to obtain protected financial data. Under federal law, this is

A) a felony if it is committed for a commercial purpose.
B) a felony if Quant brings a civil suit against Rashad.
C) not a crime.
D) a crime, but not a felony.

Question 28

Mona offers Ned, a building inspector, money to overlook the violations in her new warehouse. Ned accepts the money and overlooks the viola?tions. Mona is charged with the crime of bribery. The crime occurred when

A) Mona decided to offer the bribe.
B) Mona offered the bribe.
C) Ned accepted the bribe.
D) Ned overlooked the violations.

Question 29

Posing as Platinum Bank, Oswald e-mails Nadia, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Oswald promptly sells to Moe. This is

A) no crime.
B) employment fraud.
C) phishing.
D) vishing.

Question 30

Sophie is the president of Tasty Foods Corporation, a wholesale grocery company. An inspection by Uri, a government agent, uncovers unsani?tary conditions caused by Vic, a Tasty Foods employee, in the company's ware?house. Will, a Tasty Foods vice president, assures Uri that the situation will be corrected, but a later inspection reveals no such corrections. Sophie knows nothing about any of this. Can Tasty Foods be convicted of a crime in these circumstances? Can Sophie be held personally liable?

Question 31

Harvey puts up a guitar for bids on eWay, a Web auction site. Faith makes the highest bid and sends the payment, which Harvey receives, but he does not send the guitar to her. This is online

A) auction fraud.
B) puffery.
C) retail fraud.
D) frustration but not fraud.

Question 32

Davis points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Convenience Store, and give the stolen funds to Davis. Charged with theft, Eton can successfully claim, as a defense

A) nothing.
B) duress.
C) entrapment.
D) self-defense.

Question 33

Cameron manages an illegal gambling operation in his BBQ Bar & Grill. Cameron reports the profits of the gambling operation as income from BBQ's legitimate activities on its tax returns. This is

A) embezzlement.
B) larceny.
C) money laundering.
D) no crime.

Question 34

Ivan signs Jeb's name, without his authorization, to the back of a check. This is

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

Question 35

Refer to Fact Pattern 9-1. Minka's software is harmful to the computers on which she installed it. This program is

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

Question 36

Posing as a representative of Global Games Company, Ferris e-mails Evan, a job seeker, asking him to forward personal banking information so that if he is hired, payroll checks can be deposited directly into his account. Evan supplies the data, which Ferris promptly sells to Dixie. This is

A) no crime.
B) employment fraud.
C) phishing.
D) vishing.

Question 37

Via the Internet, Rocky sabotages the computer system of Quik Chik'n Company, 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. Rocky is

A) a cyberterrorist.
B) a botnet.
C) a virus.
D) a worm.

Question 38

Ollie, an employee of Payroll Management Corporation, is arrested at work. A grand jury issues a formal charge against Ollie for larceny. This charge is

A) an arraignment.
B) an indictment.
C) an information.
D) an inquisition.

Question 39

Domino causes a disturbance at El Nino Cafe. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punish?able by

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

Question 40

Rock pushes Sylvia to the ground, grabbing her purse as she falls. The use of force or fear is required for this act to constitute

A) burglary.
B) forgery.
C) larceny.
D) robbery.

Question 41

Good Health & Life Insurance Corporation suffers a security breach in its computer network. Before the company discovers the breach, the perpetrator obtains corporate financial records and other confidential data, including marketing plans. Is this a crime? If so, what are its elements? What steps might Good Health & Life take to ensure that going forward only authorized users access the data on its computers? Whose efforts-those of the federal government or Good Health & Life-are most important in securing the company's computer infrastructure and why?