Exam 8: Business Crime

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Which of the following is not an element of the crime of embezzlement?

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D

Jason Ormand was arrested on suspicion of sexual assault. The arresting officers did not give Jason his Miranda warnings. Jason confesses to the assault. The DNA evidence taken from the victim shows with 99% certainty that Jason was her attacker.

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B

Predicate offenses under RICO are theft, burglary, and arson.

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False

Under RICO, business owners can be criminally liable for violations even though they were not directly running the business.

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A preliminary hearing requires that the defendant take the stand.

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Bernie Ebbers, the former CEO of WorldCom, on trial for securities fraud and other crimes, offered as his defense that he did not know what his officers were doing.

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Embezzlement is:

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Which of the following is not an element of criminal fraud?

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Predicate offenses under RICO include:

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RICO is a federal criminal statute.

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Some crimes do not carry a mens rea requirement.

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Voluntary reporting of criminal violations reduces a company's fines under the federal sentencing guidelines.

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The defendant enters his/her plea at the arraignment.

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Mens rea is the particular mental state required to establish a crime.

(True/False)
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The failure to give the Miranda warnings:

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Employee protection against retaliation for reporting activities is a critical part of crime prevention under U.S. guidelines.

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Joan owns a citrus tree farm near Mesa, Arizona. Joan and her family have fertilized the trees each spring for 52 years. The irrigation for the trees carries the fertilizer remnants into the Salt River. When EPA investigators discover the fertilizer in the Salt River and trace the unique brand to Joan, they indict her for violation of the Clean Water Act, for the discharge of a substance into a waterway. Joan responds, "I didn't know there was fertilizer. I was just letting water flow."

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Plea bargaining is done only before the arraignment.

(True/False)
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The "Know They Customer" program:

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Which of the following would mitigate an officer's or corporation's sentence under the corporate sentencing guidelines?

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