Deck 18: Organized Crime and Gangs

Question 1

The primary purpose of RICO laws is to strike at the source of the economic power of: ​

A)terrorist organizations.
B)illegal business monopolies.
C)manufacturers of counterfeit goods.
D)organized crime.

Answer 1

D

Question 2

The process by which criminals seek to disguise the illicit nature of their proceeds by introducing them into the stream of legitimate commerce is known as money washing.

Answer 2

False

Question 3

If the underlying criminal acts do not affect interstate commerce: ​

A)the federal government has no jurisdiction to prosecute.
B)the federal government still has jurisdiction to prosecute under special provisions of the RICO statute.
C)the federal government can engage in a joint prosecution with the state.
D)the state government can elect to turn the case over to federal officials.

Answer 3

A

Question 4

The federal RICO Act removes the jurisdictional requirement that the racketeering activities affect interstate commerce.

Question 5

Any fraudulent scheme that uses any interstate delivery services can be prosecuted as a felony under the: ​

A)mail fraud act.
B)bank fraud act.
C)wire fraud act.
D)interstate fraud.

Question 6

There is one type of immunity provided to federal grand jury witnesses.

Question 7

Prior to 1970, attempts to prosecute groups known as the mafia were largely unsuccessful.

Question 8

For the purpose of money laundering statutes, profits gained from unlawful activities are known as: ​

A)proceeds. ​
B)receipts.
C)markers.
D)tickets.

Question 9

In 1970, Congress enacted the RICO law. RICO stands for: ​

A)Racket Induced Criminal Operations.
B)Racketeer Influenced and Corrupt Organizations.
C)Racketeer Influenced Commercial Operation.
D)Racket Induced Criminal Organization.

Question 10

Organized crime and gang members often used bribery and extortion of witnesses to prevent witnesses from testifying.

Question 11

The grand jury system makes prosecution in federal courts advantageous.

Question 12

One of the benefits of the passage of the RICO Act was that it enabled prosecutors to charge all people engaged in unlawful activity who own or invest in an enterprise that affects: ​

A)interstate commerce.
B)the federal government.
C)state taxes.
D)banking.

Question 13

Ways of laundering money include: ​

A)gold purchases.
B)purchases of cashier's checks.
C)wire transfers.
D)All of these choices.

Question 14

The Mail Fraud Act is a federal law used to combat organized crime.

Question 15

The federal RICO statute permits federal prosecutions based on criminal acts that would normally fall under state criminal jurisdiction.

Question 16

Money can be laundered by taking it to another country.

Question 17

One of the benefits of the passage of the CCE Statute was that it enabled prosecutors to charge people: ​

A)whose actions enable a criminal enterprise to function.
B)who aided and abetted the mafia.
C)with tax evasion.
D)who cross state lines when committing crimes.

Question 18

To obtain a conviction under RICO, the government must prove that the defendant: ​

A)is part of a continuing criminal enterprise.
B)has committed at least three felonies.
C)has invested illegally obtained funds.
D)is a member of the Mafia.

Question 19

Which of the following statements regarding the federal witness protection program is true? ​

A)The program was created during the period of Prohibition in the US. ​
B)Since being established, the program has seldom been used.
C)The program is utilized in both federal and state prosecutions.
D)The program applies to witnesses, but not their families.

Question 20

Federal and state RICO laws generally require the government to prove that the defendants committed or conspired to commit acts of racketeering.

Question 21

To obtain a RICO or "little RICO" conviction, the prosecution does not need to prove: ​

A)that the enterprise existed and was engaged in racketeering activity.
B)that the defendants were members of the racketeering enterprise.
C)two or more incidents of racketeering conduct "that have the same or similar intents, results, victims, or methods of commission. "
D)that the enterprise transferred assets across state lines.

Question 22

Money laundering: ​

A)laws were relaxed under the USA PATRIOT Act.
B)is the world's third largest business.
C)is a crime only on the state level.
D)sentences for cash smuggling have been decreased.

Question 23

Illegal profits can not be laundered through the purchase of: ​

A)homes.
B)jewelry.
C)cars.
D)illegal drugs.

Question 24

RICO and CCE laws have not been successfully used to stop: ​

A)illegal activities by anti-abortion groups.
B)stock exchange violations.
C)porn shop violations.
D)criminal bankruptcies.

Question 25

A(n) ____ occurs when the parties in a sales transaction agree that some part of the purchase price paid by the buyer will be returned to the buyer. ​

A)kickback
B)bribe
C)mail fraud
D)extortion

Question 26

The Supreme Court has ruled that for purposes of the federal RICO law, a "criminal enterprise" means: ​

A)association in fact.
B)formal business.
C)informal business.
D)formal structure.

Question 27

The RICO laws focus on the conspiratorial nature of: ​

A)organized crime.
B)white collar crime.
C)burglary.
D)wire fraud.

Question 28

The federal RICO statute permits federal prosecutions based on criminal acts that would normally fall under: ​

A)state criminal jurisdiction.
B)district court criminal jurisdiction.
C)appellate criminal jurisdiction.
D)county criminal jurisdiction.

Question 29

______ does not qualify as a "predicate act" under the RICO laws. ​

A)Drug trafficking
B)Mail fraud
C)Witness tampering
D)Robbery

Question 30

According to the US Supreme Court, under the money laundering statute, proceeds can be: ​

A)profits but not receipts.
B)receipts but not profits.
C)profits or receipts.
D)neither profits nor receipts.

Question 31

Any fraudulent scheme that uses an interstate delivery system may be prosecuted as a felony under: ​

A)the federal mail fraud statute.
B)a state criminal fraud law.
C)both the federal mail fraud statute and state criminal fraud law.
D)neither the federal mail fraud statute nor a state criminal fraud law.

Question 32

The ______ act can be used to prosecute those involved in criminal activities that cross state borders or involve foreign commerce. ​

A)travel
B)wire
C)bank
D)fraud

Question 33

When it comes to prosecuting organized crime: ​

A)there is no advantage to a federal versus state prosecution.
B)state law usually offers more advantages than federal law.
C)the jurisdiction that can prosecute most quickly will more likely be the best venue.
D)there are advantages to a federal over a state prosecution.

Question 34

In 1982, Congress passed an act related to the witness protection program called the: ​

A)Federal Victim and Witness Protection Act.
B)Federal Victim Protection Act.
C)Federal Witness Protection Act.
D)Federal Protection Act.

Question 35

A wire fraud scheme is defined to include a scheme to deprive another of the intangible right of: ​

A)honest services.
B)honest broker.
C)legitimate commerce.
D)honest expectations.

Question 36

The ______ Act requires banks, businesses, and financial institutions to report large cash transactions. ​

A)National Money Laundering
B)Currency Transaction Reporting
C)Large Cash Transaction
D)Prevention of the Laundering Illegal Proceeds

Question 37

Which of the following statements regarding the Federal Victim and Witness Protection Act is false? ​

A)The Act was passed by Congress in 1982.
B)This statute created the crime of witness tampering.
C)Tampering is a crime only if the witness testifies in a criminal trial.
D)It has led to better court cases for prosecutors.

Question 38

The practice of keeping payments for expensive items under the amount requiring a currency transaction report to launder illegal money is called: ​

A)smurfing.
B)rigging.
C)switching.
D)wiring.

Question 39

The witness protection program created in 1970 provides new identities and relocation for witnesses: ​

A)and their families in both state and federal criminal prosecutions of organized crime.
B)and their families in federal criminal prosecutions of organized crime.
C)in both state and federal criminal prosecutions of organized crime.
D)and their families in state criminal prosecutions of organized crime.

Question 40

​ The ______ Act permits prosecution if the extortion can be shown to interfere with interstate commerce.

A)Travel
B)Hobbs ​
C)Bribery
D)Extortion

Question 41

"Gangs" can be distinguished from "organized crime" in that: ​

A)gangs have a more highly structured leadership arrangement.
B)organized crime has a more highly structured leadership arrangement.
C)with organized crime, the only unifying force is combat with outsiders.
D)gangs usually have a chief or "don" who makes policy and issues orders.

Question 42

______ are not required to file a currency transaction report. ​

A)Businesses
B)Individuals
C)Financial institutions
D)Banks

Question 43

The money earned from Enrique's illegal drug cartel numbers in the millions, but the problem is what to do with the money. Enrique would like to put it someplace safe, but his pillow case is stuffed full. He begins to purchase expensive luxury items, structuring his payments below $10,000. He takes some of the other money and opens accounts below $10,000, routing the cash through cooperative banks until he can withdraw it freely.

A)Enrique's efforts to disguise the money obtained by illegal activities would make him guilty of: ​
B)money laundering.
C)asset laundering.
D)tax laundering.
E)honest services fraud.

Question 44

Richie is a leader in organized crime and unbeknownst to him his accountant has been working with federal investigators in exposing the crime syndicate's illegal activities. Davey the accountant turns over the last bit of information needed to bring federal racketeering charges against Richie, who is arrested the same day Davey disappears.

A)The CCE Statute enabled prosecutors to: ​
B)charge businesses and others whose actions assisted Richie's illegal enterprise.
C)protect witnesses who will testify against Richie.
D)charge Richie with tax evasion.
E)seize all assets that crossed state lines.

Question 45

Richie is a leader in organized crime and unbeknownst to him his accountant has been working with federal investigators in exposing the crime syndicate's illegal activities. Davey the accountant turns over the last bit of information needed to bring federal racketeering charges against Richie, who is arrested the same day Davey disappears.

A)The federal government, out of concern for Davey and his family, place them in a: ​
B)witness outreach program.
C)witness appreciation program.
D)witness protection program.
E)witness trust program.

Question 46

Currency transaction reports can help determine whether ____ occurred. ​

A)tax fraud
B)money laundering
C)both tax fraud and money laundering
D)neither tax fraud nor money laundering

Question 47

A fraudulent scheme that uses interstate or international wire or other electronic communications is the definition of _____ fraud. ​

A)mail
B)bank
C)wire
D)interstate

Question 48

The Travel Act does not make it illegal to travel interstate: ​

A)to bomb a homosexual bar.
B)with the intent to violate state law.
C)to facilitate an illegal narcotics transaction.
D)to purchase medical marijuana.

Question 49

Richie is a leader in organized crime and unbeknownst to him his accountant has been working with federal investigators in exposing the crime syndicate's illegal activities. Davey the accountant turns over the last bit of information needed to bring federal racketeering charges against Richie, who is arrested the same day Davey disappears.

A)Richie offers Davey a deal: in exchange for Davey's silence, Richie won't kill his family.  This threat is an example of witness: ​
B)outreach.
C)appreciation.
D)tampering.
E)intimidation.

Question 50

Joe works in the mayor's office as a tax assessor. He hears and decides on the validity of claims by homeowners seeking to lower their tax assessment. Joe tells one such homeowner that the only way to get a tax break is to pay a "filing fee" directly to Joe. Joe also sends out phony filing fee forms to dozens of other homeowners, and when one homeowner threatens to go to the mayor, Joe growls that would be an "unhealthy" idea.

A)Joe has violated the: ​
B)Hobbs Act.
C)RICO Act.
D)Travel Act.
E)Hatch Act.

Question 51

Richie is a leader in organized crime and unbeknownst to him his accountant has been working with federal investigators in exposing the crime syndicate's illegal activities. Davey the accountant turns over the last bit of information needed to bring federal racketeering charges against Richie, who is arrested the same day Davey disappears.

A)Richie claims he's an innocent businessman, and that racketeering charges are unwarranted because he: ​
B)is not part of a continuing criminal enterprise.
C)does not have any previous arrests.
D)has not invested illegally obtained funds.
E)is not a member of the Mafia.

Question 52

Using money, property, or "favors" to influence a public or private official to act in some agreed manner is a(n): ​

A)kickback.
B)bribe.
C)mail fraud.
D)extortion.

Question 53

The dollar amount that triggers a currency transaction report is: ​

A)$1,000 or less.
B)$10,000 or more.
C)$5,000 or more.
D)no specific dollar amount.

Question 54

Transactions that are purposely under the reporting minimum, for the purpose of evading a financial institution's reporting requirement, are called ______ transactions. ​

A)businesses
B)structured
C)financial
D)floating

Question 55

Joe works in the mayor's office as a tax assessor. He hears and decides on the validity of claims by homeowners seeking to lower their tax assessment. Joe tells one such homeowner that the only way to get a tax break is to pay a "filing fee" directly to Joe. Joe also sends out phony filing fee forms to dozens of other homeowners, and when one homeowner threatens to go to the mayor, Joe growls that would be an "unhealthy" idea.

A)The veiled threat against the one homeowner whose decision to inform the mayor would be an "unhealthy" one for him, would bring ____ charges against Joe. ​
B)extortion
C)bribery
D)kickback
E)honest services fraud

Question 56

The money earned from Enrique's illegal drug cartel numbers in the millions, but the problem is what to do with the money. Enrique would like to put it someplace safe, but his pillow case is stuffed full. He begins to purchase expensive luxury items, structuring his payments below $10,000. He takes some of the other money and opens accounts below $10,000, routing the cash through cooperative banks until he can withdraw it freely.

A)Structured payments would apply to:  ​
B)the purchase of the luxury items.
C)the opening up of bank accounts under $10,000.
D)the movement of money from one bank to another.
E)the gifts to friends and family.

Question 57

The money earned from Enrique's illegal drug cartel numbers in the millions, but the problem is what to do with the money. Enrique would like to put it someplace safe, but his pillow case is stuffed full. He begins to purchase expensive luxury items, structuring his payments below $10,000. He takes some of the other money and opens accounts below $10,000, routing the cash through cooperative banks until he can withdraw it freely.

A)Enrique's payments of less than $10,000 for the luxury items would make him guilty of: ​
B)smurfing.
C)rigging.
D)currency transaction fraud.
E)mail fraud.

Question 58

_____ is defined as "obtaining of property of another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under the color of official right." ​

A)A kickback
B)A bribe
C)Mail fraud
D)Extortion

Question 59

Illegal gambling is often distinguished from legitimate commercial promotions by the fact that illegal gambling or lotteries do not have: ​

A)a prize.
B)consideration.
C)chance elements.
D)a skill element.

Question 60

Joe works in the mayor's office as a tax assessor. He hears and decides on the validity of claims by homeowners seeking to lower their tax assessment. Joe tells one such homeowner that the only way to get a tax break is to pay a "filing fee" directly to Joe. Joe also sends out phony filing fee forms to dozens of other homeowners, and when one homeowner threatens to go to the mayor, Joe growls that would be an "unhealthy" idea.

A)Of the several crimes committed by Joe, he would be guilty of: ​
B)mail fraud because he sent phony filing fee bills through the mail.
C)bank fraud because he deposited his ill-begotten gains in a bank.
D)wire fraud because he laundered his money.
E)interstate fraud because he crossed over state lines when committing his crimes.

Question 61

A RICO conviction requires proof that an enterprise existed that engaged in _____ activity.

Question 62

The acronym CTR stands for _____.

Question 63

The federal statute, known as the _____ Act, permits prosecution if the extortion can be shown to interfere with interstate commerce.

Question 64

The ____ Act can be used to prosecute those involved in criminal activities that cross state borders or involve foreign commerce.

Question 65

List the elements the prosecution must prove to obtain a RICO conviction.

Question 66

Proceeds for purposes of the money _____ statutes means profits gained from unlawful activities.

Question 67

Discuss the requirement for federal jurisdiction to be possible under the RICO statute.

Question 68

The _______ program provides new identities and relocation for witnesses and their families in both state and federal criminal prosecutions of organized crime.

Question 69

Money can be _____ by buying cash or bearer instruments.

Question 70

Witness _____ is a crime whether the witness plans to testify in a criminal trial or a civil trial.

Question 71

A fraudulent scheme, no matter its purpose or method, that uses either private or public delivery service is called _____.

Question 72

Most courts now hold that any effect on ____ commerce satisfies the RICO jurisdictional requirement.

Question 73

Federal jurisdiction is possible under RICO if the underlying acts affect ______ commerce.

Question 74

Explain what knowledge is required for a conviction under the transportation of illegal proceeds section of the federal money laundering statute.

Question 75

States have laws similar to federal RICO laws, commonly known as _____ laws.

Question 76

Explain why prosecutions of organized crime prior to 1970 were generally unsuccessful. Describe the advantages of one organized crime statute passed in 1970.

Question 77

Federal court ____ rules make prosecution in federal courts advantageous.

Question 78

A fraudulent scheme that uses interstate or international wire or other electronic communications is called _____.

Question 79

Explain how money laundering statutes and the courts have defined proceeds.

Question 80

Reports that businesses, banks, and financial institutions are required to file for cash transactions of more than $10,000 are called _____.