Deck 6: White-Collar Crime and the Business Community

Question 1

What crimes do not require mens rea?

A) felonies
B) strict liability crimes
C) street crimes
D) petty crimes

Answer 1

B

Question 2

crimes are considered a subcategory of misdemeanors; they are usually punishable by a fine or incarceration for or less.

A) Petty; six months
B) Petty; one year
C) Non-petty; six months
D) Non-petty; one year

Answer 2

A

Question 3

After the indictment comes the , a formal appearance of the defendant in court to answer the indictment by entering a plea of guilty or not guilty.

A) enlightenment
B) arraignment
C) estrangement
D) deferment

Answer 3

B

Question 4

A defense in which the defendant admits to doing an act but claims some reason for not being held responsible, such as insanity, self-defense, intoxication, or coercion, is known as a(n) defense.

A) affirmative
B) plausible
C) rebuttal
D) prima facie

Question 5

The burden of producing evidence of any affirmative defenses lies with the .

A) plaintiff
B) prosecution
C) jury
D) defendant

Question 6

Which of the following crimes involves engaging in war against the country or giving aid or comfort to its enemies?

A) arraignment
B) misdemeanor
C) felony
D) treason

Question 7

White-collar crimes are committed in a(n) context

A) abstract
B) conditional
C) commercial
D) non-criminal

Question 8

Punishment for regulatory crimes is generally .

A) more severe than the punishment for crimes that require mens rea
B) less severe than the punishment for crimes that require mens rea
C) the same as punishment for crimes that require mens rea
D) more severe than the punishment for strict liability crimes

Question 9

law is designed to punish an offender for causing harm to the public health, safety, or morals.

A) Criminal
B) Tort
C) Social responsibility
D) Ethics

Question 10

Police are allowed to set up legitimate "sting" operations to catch persons engaged in criminal activity; such activities do not constitute .

A) debasement
B) entrapment
C) deferment
D) entitlement

Question 11

Misdemeanors are punishable by .

A) death
B) imprisonment of less than a year in a local jail
C) imprisonment in a penitentiary
D) imprisonment of at least five years

Question 12

In terms of criminal procedure in felony cases, the process begins with the prosecutor presenting the facts surrounding the crime to a jury.

A) petit
B) trial
C) mock
D) grand

Question 13

By making a plea of , the defendant does not admit but agrees not to contest the charges.

A) negligence per se; liability
B) post hoc ergo propter hoc; liability
C) res ipsa loquitur; guilt
D) nolo contendere; guilt

Question 14

If the defendant declines a jury trial, the case is heard by a judge alone in a procedure called a(n) trial.

A) arbitration
B) Eighth Amendment (to the U.S. Constitution)
C) bench
D) Seventh Amendment (to the U.S. Constitution)

Question 15

If the crime is a , the prosecutor issues an information, a formal written accusation or charge.

A) felony
B) white-collar crime
C) misdemeanor
D) strict liability offense

Question 16

Petty crimes are considered a subcategory of .

A) treasons
B) misdemeanors
C) felonies
D) strict liability crimes

Question 17

In terms of criminal procedure, after the criminal complaint is filed, the defendant makes his or her before a magistrate.

A) deposition
B) sworn statement
C) first appearance
D) formal answer

Question 18

After the defendant has been arrested, he or she is taken to the police station for , the filing of criminal charges against the defendant.

A) arrest
B) booking
C) parole
D) pleading

Question 19

are created when the legislature decides that the need to protect the public outweighs the traditional requirement of mens rea.

A) Regulatory crimes
B) Felonies
C) Misdemeanors
D) White-collar crimes

Question 20

Miranda rights, such as the right to remain and to avoid self-_ , were developed in response to the U.S. Supreme Court's decision in Miranda v. Arizona.

A) free on bond; incrimination
B) silent; incrimination
C) free on bond; reprobation
D) silent; reprobation

Question 21

The result of a(n) process is that the defendant pleads guilty to a lesser offense, in exchange for which the prosecutor drops or reduces some of the initial charges.

A) indictment
B) nolo contendere
C) plea bargaining
D) arraignment

Question 22

A(n) takes place when the defendant appears in court and enters a plea of guilty or not guilty.

A) plea bargaining
B) arraignment
C) booking
D) nolo contendere

Question 23

Misdemeanors are considered a subcategory of petty crimes.

Question 24

Criminal cases typically begin with the .

A) arraignment process
B) prosecutor's issuance of Miranda rights
C) defendant's first appearance before a magistrate
D) arrest of the defendant

Question 25

The grand jury has the power to subpoena witnesses.

Question 26

Which of the following is true of misdemeanor cases?

A) They do not require mens rea.
B) The prosecutor presents the facts to a magistrate and an information is issued.
C) The prosecutor presents the facts of the crime to a grand jury.
D) They are punishable by imprisonment of more than two years.

Question 27

Which of the following is true of pretrial diversion (PTD)?

A) The participant agrees to be supervised by the U.S. Probation Office.
B) The participant signs an agreement with the government admitting guilt.
C) The participant is necessarily prosecuted.
D) It entitles the participant to a trial before a petit jury.

Question 28

If Sam holds a gun to Jim's head and tells him to forge his employer's signature on a company check or he will be shot, Jim can raise the defense of to a charge of forgery.

A) false imprisonment
B) unconscionability
C) impossibility
D) duress

Question 29

Booking refers to .

A) seizure and holding under the authority of the law
B) the filing of criminal charges against the defendant
C) appearance of the defendant before a magistrate
D) a formal written accusation in a misdemeanor case

Question 30

Entrapment is an affirmative defense claiming that .

A) the defendant's mental condition precluded him or her from understanding the wrongful nature of the act committed or from distinguishing wrong from right in general
B) the idea for the crime did not originate with the defendant but was put into the defendant's mind by a police officer or other government official
C) the defendant was forced to commit the wrongful act by threat of immediate bodily harm or loss of life
D) a mistake made by the defendant vitiates criminal intent

Question 31

Punishment for the violation of the mens rea requirement is generally more severe than it is for wrongful behavior.

Question 32

Rupert is charged with stealing an expensive watch set from a hypermarket. If, however, he says that he was forced to do so at gunpoint, he is claiming the affirmative defense of .

A) mistake-of-fact
B) entrapment
C) insanity
D) duress

Question 33

A magistrate allows the release of a defendant without the posting of bail if the defendant .

A) does not have enough money to post bail
B) has sufficient ties to the community
C) displays remorse
D) has no prior offenses

Question 34

Which of the following refers to an amount of money paid to the court to ensure that the defendant will return for trial?

A) surety
B) bail
C) bond
D) booking

Question 35

The magistrate determines whether there was probable cause for the arrest at the time of booking.

Question 36

If the defendant is not informed of his or her legal rights at the time of the arrest, any statements the defendant makes at the time of the arrest will be inadmissible at the defendant's trial.

Question 37

An arrest warrant is issued by a .

A) bailiff
B) magistrate
C) police sergeant or captain
D) detective

Question 38

A pretrial diversion (PTD) participant signs an agreement with the government admitting guilt.

Question 39

is an affirmative defense claiming that the idea for the crime did not originate with the defendant but was put into the defendant's mind by a police officer or other government official.

A) Duress
B) Insanity
C) Entrapment
D) Mistake-of-fact

Question 40

The duty of a grand jury is to .

A) decide if there is enough evidence to justify bringing a defendant to trial
B) decide if the defendant is guilty beyond a reasonable doubt
C) make a finding of guilt
D) determine the sentence to be imposed in misdemeanor cases

Question 41

Which of the following led to the adoption of the 1991 Sentencing Guidelines for use by federal judges?

A) public perception that judges were not giving long enough sentences to white-collar criminals and were not imposing large enough fines
B) public perception that corporate executives were unfairly prejudicing the jury
C) public perception that judges were giving unfairly lengthy sentences to white-collar criminals and were imposing fines that were too large
D) public perception that judges were not considering all relevant facts in the conviction of a corporate executive

Question 42

Which of the following statements is true of white-collar crimes?

A) Businesspersons who get caught automatically lose their status among their peers.
B) Corporate crime is facilitated because the adversarial relationship between the corporation and the government agency "watchdog" is very strong.
C) A corporation's personnel and operating procedures strongly discourage its employees from committing these crimes.
D) Decision making is often distributed among various individuals, which makes these crimes easy to commit.

Question 43

A grand jury makes a finding of guilt but does not decide whether there is enough evidence that the defendant committed the crime to justify bringing the defendant to trial.

Question 44

Strict liability offenses are those for which no state of mind is required.

Question 45

The Sarbanes-Oxley Act of 2002 holds high-ranking corporate officials responsible for the validity and accuracy of their companies' financial statements.

Question 46

Which of the following statements is true of the culpability score?

A) It is the greatest of the company's gain, the victim's loss, or a dollar amount corresponding to an offense level.
B) It is the final amount that the corporation has to pay as fine.
C) It is not used to determine sentences for white-collar offenses.
D) It is determined by looking at a chart of potential mitigating and aggravating factors.

Question 47

Duress occurs when the idea for the crime did not originate with the defendant but was put into the defendant's mind by a police officer or other government official.

Question 48

An argument in support of corporate liability is the fact that corporate personnel are expendable.

Question 49

A strict liability offense is an offense for which no is required.

A) prosecution
B) proof beyond reasonable doubt
C) state of mind
D) punishment

Question 50

The term "blue-sky laws" refers to securities regulations.

A) state
B) federal
C) national
D) international

Question 51

If the magistrate believes that the defendant has sufficient "ties to the community," the defendant may be released without posting bail.

Question 52

Plea bargaining benefits a criminal by eliminating the risk of a greater penalty.

Question 53

A nolo contendere plea can be used against the defendant in a civil suit.

Question 54

Under the 1991 Sentencing Guidelines, the culpability score is the greatest of the company's gain, the victim's loss, or a dollar amount corresponding to an offense level.

Question 55

List the factors for determining whether to prosecute according to the Principles of Federal Prosecution.

Question 56

As opposed to civil trials, a defendant in a criminal case can be compelled to testify.

Question 57

What are Miranda rights?

Question 58

Distinguish between a felony, a misdemeanor, and a petty crime.

Question 59

Under the 1991 Sentencing Guidelines, the is the greatest of the company's gain, the victim's loss, or a dollar amount corresponding to an offense level.

A) total fine
B) base fine
C) culpability score
D) nolo contendere

Question 60

Describe the affirmative defense of entrapment and explain why it is not always easy to prove.

Question 61

Why is it difficult to impose liability on corporate executives?

Question 62

Under the 1991 Sentencing Guidelines, what factors affect the fine that the company has to pay?

Question 63

Which of the following statements is true of larceny?

A) It is carried out by means of false representation.
B) It is carried out by means of fear or force.
C) It is carried out by means of stealth.
D) It is commonly called theft by persons with legal training.

Question 64

Defalcation is the material altering of anything in writing that, if genuine, might be the foundation of a legal liability.

Question 65

What are the arguments against imposing liability on corporations?

Question 66

When Lucine, a health department inspector, comes to inspect Jason's new restaurant, Jason offers her a certain sum of money to limit her inspection to the serving area. In doing so, Jason is committing the crime of .

A) larceny
B) criminal fraud
C) embezzlement
D) bribery

Question 67

Hayako, a successful author, lived in a remote village and had entrusted his agent with the management of his business affairs. Many years later, it came to light that the agent took over copyright ownership for many of Hayako's works and, as a result, made a profit of many millions of dollars. In this instance, the agent has committed the crime of .

A) embezzlement
B) bribery
C) forgery
D) false entry

Question 68

Which of the following terms refers to the misappropriation of trust funds or money held in a fiduciary capacity?

A) forgery
B) false pretense
C) defalcation
D) false token

Question 69

What effect did the erosion of the mens rea requirement have on corporate liability?

Question 70

The secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession is known as .

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

Question 71

is the material altering of anything in writing that, if genuine, might be the foundation of a legal liability.

A) Forgery
B) Defalcation
C) False entry
D) Larceny

Question 72

A is a program that travels from one computer to another but does not attach itself to the operating system of the computer it infects.

A) worm
B) virus
C) Trojan horse
D) bot

Question 73

Charlene handles finance and accounts at a technology start-up. She falsifies certain records so that the company's assets will appear greater and thereby improve its chances of obtaining a loan. What crime has Charlene committed?

A) larceny
B) false entries
C) false tokens
D) forgery

Question 74

A private university provides scholarships to students who are immigrants from certain countries. If Sam, a local resident, alters his documents to make it look like he belongs to one of these countries, what form of fraud has he committed?

A) defalcation
B) false entry
C) false token
D) bribery

Question 75

Which of the following is an example of embezzlement?

A) A pharmaceutical company markets a drug which contains untested compounds.
B) A storeowner hands money to a criminal at gunpoint.
C) A cashier takes a small amount of money from the cash register each day.
D) An art dealer quotes a highly inflated price to unsuspecting buyers.

Question 76

Elaine, a dealer in antique furniture, falsifies the age of a wooden cabinet when selling it to a customer and, in the process, charges him more than twice its actual price. In this example, what fraudulent act has Elaine committed?

A) forgery
B) defalcation
C) false token
D) false pretenses

Question 77

Which of the following statements best defines the term "embezzlement"?

A) It is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession.
B) It is the intentional use of some sort of misrepresentation to gain an advantage over another person.
C) It is the wrongful conversion of the property of another by one who is lawfully in possession of that property.
D) It is the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing a person's action.

Question 78

Which of the following terms refers to a crime where the victim is the corporation that the criminal works for?

A) strict liability crime
B) embezzlement
C) interbusiness crime
D) intrabusiness crime

Question 79

Which of the following is true of the differences between worms and viruses?

A) Worms attach themselves to the operating system of a computer, whereas viruses do not.
B) Viruses attach themselves to the operating system of a computer, whereas worms do not.
C) The software programs designed to detect viruses are reactive, whereas those designed to detect worms are proactive.
D) The software programs designed to detect worms are reactive, whereas those designed to detect viruses are proactive.

Question 80

Which of the following best defines false pretenses?

A) It is the material altering of anything in writing that, if genuine, might be the foundation of a legal liability.
B) It is a designed misrepresentation of existing facts or conditions by which a person obtains another's money or goods.
C) It is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist.
D) It is the suppression of a material fact that the person is legally bound to disclose.