Question 1

Which of the following is not true regarding the detection of corporate crimes?

Accepted Answer

Corporate offenders are often not detected because they may not be physically present at the scene of the illegal activity. Detecting corporate crimes may require extensive investigation, analysis of financial records, and collaboration with other agencies or organizations.

Question 2

When prosecutors are deciding whether to prosecute a corporation, they must consider the purpose or reason for such a prosecution. Which of the following would not be considered a purpose for prosecuting such corporations?

Accepted Answer

The purpose of increasing reputation in the legal community is not a valid reason for prosecuting a corporation. Prosecutors should base their decision on factors such as deterrence, education, and ensuring justice is served, rather than pursuing a case solely for personal gain or reputation.

Question 3

What or who would prosecutors rely upon in building a case against a corporation?

Accepted Answer

Prosecutors would rely on a variety of sources in building a case against a corporation, including current or former employees who can provide information about the company's actions or policies, information collected in civil cases that may be relevant to the criminal allegations, and experts who can analyze complex evidence such as financial records or scientific data. Therefore, all of the above options are necessary for building a strong case against a corporation.

Question 4

Under which conditions are corporate prosecutions more likely to take place?

Accepted Answer

Corporate prosecutions are more likely in large urban counties because these areas often have the resources, expertise, and political will to pursue complex corporate cases. Additionally, urban areas may have a higher concentration of corporate activities, increasing the likelihood of misconduct being detected and prosecuted.

Question 5

What types of corporations are sentenced more frequently under the Federal Organizational Guidelines?

Accepted Answer

Corporations with a small number of owners, a short business operation period (less than 10 years), and a small workforce (less than 10 employees) are typically less equipped to implement comprehensive compliance and oversight mechanisms, making them more vulnerable to engaging in or overlooking actions that could lead to sentencing under the Federal Organizational Guidelines.

Question 6

Which of the following is true regarding the Arthur Anderson case?

Accepted Answer

Arthur Andersen was found guilty of obstructing justice in connection with the Enron scandal, but the U.S. Supreme Court later overturned the conviction, leading to the firm's collapse.

Question 7

Since the Pinto case, what are three of the most significant influential changes in criminal liability?

Accepted Answer

All three options listed (Organizational Sentencing Guidelines, the U.S. Department Corporate Prosecution Guidance, and the "collective knowledge" doctrine of the U.S. v. Bank of New England) have all had significant influential changes in criminal liability since the Pinto case. The Organizational Sentencing Guidelines establish specific standards and recommendations for organizations in order to reduce criminal liability. The U.S. Department Corporate Prosecution Guidance provides guidance to prosecutors on how to consider corporate liability during criminal investigations. The "collective knowledge" doctrine of the U.S. v. Bank of New England holds corporations and organizations responsible for the collective knowledge of all employees, rather than just the knowledge of individual employees.

Question 8

Under the Federal Sentencing Guidelines, the two mitigating factors in reducing corporate fines for wrongdoing include voluntary disclosure of wrongdoing and implementing programs to prevent and detect corporate crimes.

Accepted Answer

This statement is true according to the Federal Sentencing Guidelines.

Question 9

Under the "collective knowledge" doctrine, an organization's knowledge includes:

Accepted Answer

The collective knowledge doctrine holds that an organization's knowledge is a combination of the knowledge held by all its employees, regardless of their position or role within the organization. This means that the correct answer is A, as all employees are included in this definition of organizational knowledge.

Question 10

According to the authors of Corporate Crime Under Attack, which of the following would critics use as a reason why corporations should not be subjected to criminal laws?

Accepted Answer

Critics of subjecting corporations to criminal laws may argue that the cost of such action would ultimately be borne by consumers and shareholders, which could result in higher prices or potentially harm the company's financial stability.

Question 11

Which of the following would be an example of the law's distributive function?

Accepted Answer

The law's distributive function involves allocating benefits and burdens across society, which includes compensation for injuries, making option D an example of this function. Options A, B, and C are more related to preventive measures rather than the distribution of benefits or burdens.

Question 12

Which of the following was a parallel between the Pinto case and the Film Recovery Systems case?

Accepted Answer

Both the Pinto case and the Film Recovery Systems case received extensive publicity and nationwide debate. The Pinto case was widely covered by the media due to the severity of the issue, while the Film Recovery Systems case received significant attention in the art world and among environmentalists.

Question 13

Discuss three of the obstacles that prosecutors confront in prosecuting white-collar and corporate offenders.

Accepted Answer

The answer of Discuss three of the obstacles that prosecutors...

Question 14

According to the authors of Corporate Crime Under Attack, what are the three most influential changes in corporate liability and criminality since the Pinto case?

Accepted Answer

The answer of According to the authors of Corporate Crime...

Question 15

Identify and briefly describe the parallels between the Film Recovery Systems workplace murder prosecution and the Ford Pinto reckless homicide prosecution.

Accepted Answer

The answer of Identify and briefly describe the parallels between...

Quiz 8: Prosecuting Corporate Crime in the Twenty-First Century