Deck 7: Business Crimes

Question 1

The U.S. Constitution provides safeguards that apply not only in federal but also in state courts .

Answer 1

True

Question 2

Under the exclusionary rule, evidence derived from illegally obtained evidence may be included in any criminal prosecution.

Answer 2

False

Question 3

Crimes are sometimes prosecuted by crime victims rather than by a public official.

Answer 3

False

Question 4

Warrants are required for searches of businesses in highly regulated industries.

Question 5

A felony is a crime that is punishable by imprisonment for more than a year up to death.

Question 6

The Fourth Amendment protects against searches that violate a person's reasonable expectation of privacy .

Question 7

One of the purposes of criminal law is to compensate the victims .

Question 8

Reasonable grounds for believing a search will reveal evidence of illegal activity is the definition of possible cause .

Question 9

An illegal act committed by a business using nonviolent means to obtain a business advantage is a white-collar crime .

Question 10

A crime is punishable, in some cases, by death.

Question 11

In a criminal case, the defendant must convince the court that, based on the evidence, it is more likely than not that the defendant's alibi is true.

Question 12

All persons who are arrested have a constitutional right to legal counsel .

Question 13

Failure to act cannot be a crime.

Question 14

Larceny involves force or fear, but robbery does not.

Question 15

Crimes are offenses against society as a whole.

Question 16

In a criminal case, typically only three-fourths of the jurors need to agree in order to convict the defendant.

Question 17

A specified state of mind, or intent, is not necessary to establish criminal liability.

Question 18

In a criminal case, the state must prove its case beyond a reasonable doubt .

Question 19

Most crimes require a person to do an act.

Question 20

The purpose of the exclusionary rule is to deter criminals from misconduct.

Question 21

A person who accesses a computer online without authority to obtain protected data is subject to criminal prosecution .

Question 22

It is a crime to use income obtained from racketeering activity to purchase any interest in an enterprise.

Question 23

Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. Sam has been charged with

A) a misdemeanor.
B) a felony .
C) a civil wrong .
D) a tort.

Question 24

A mistake of fact can often excuse criminal responsibility.

Question 25

Alan causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct, a crime punishable by imprisonment of less than a year. If convicted, Alan will have on his record

A) a misdemeanor.
B) a felony .
C) a civil wrong .
D) a tort.

Question 26

Shoplifting is robbery, not larceny .

Question 27

It is a crime to use the Internet with the intent to obtain personal data with fake advertising.

Question 28

Hank is arrested at a warehouse in Industrial Park and is charged with the crime of theft. Hank will be prosecuted by

A) the owner of the warehouse.
B) the owner of the property that Hank is charged with stealing.
C) a public official.
D) a private, disinterested third party.

Question 29

Malware is a hacker whose purpose is to create a serious negative impact.

Question 30

The Counterfeit Access Device and Computer Fraud and Abuse Act makes it a crime to access protected data or classified information.

Question 31

It is a crime to devise a scheme that uses commercial carriers, such as FedEx, with the intent to defraud the pubic.

Question 32

Bribing foreign officials to obtain favorable business contracts is not a crime.

Question 33

All courts use the same test for legal insanity.

Question 34

Embezzlement includes the making or altering of any writing in a way that changes the legal rights and liabilities of another.

Question 35

The attempt to influence a public official with money or other items or services of value to act in a way that serves a private interest is not a crime.

Question 36

To constitute bribery, the bribe must consist of money.

Question 37

To be convicted of a crime, the accused must

A) commit an act that is prohibited.
B) cause harm to another person or business .
C) act by mistake .
D) have a reasonable reason for committing the act.

Question 38

Embezzlement is neither larceny nor robbery .

Question 39

The standard of proof to find a defendant who has been charged with a crime guilty is

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

Question 40

Phishing is a distinct form of identity theft and cyber fraud.

Question 41

Shoplifting is

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

Question 42

Niles enters Omelet Café and points a gun at the cashier, Pico. Niles forces Pico to open the register and give him all the money. Niles will most likely be charged with

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

Question 43

The Racketeering Influenced and Corrupt Organizations Act (RICO) has become an effective tool in prosecuting

A) criminal activities occurring online.
B) businesspersons who use bribery to secure foreign contracts.
C) defenses that excuse criminal behavior.
D) certain white-collar crimes.

Question 44

Ed works for Family Homes Corporation, an investment firm that buys, refurbishes, and rents foreclosed houses. Ed hacks into his employer's account and steals several digital files to start up his own competing business, Good Space Inc. This is

A) wire fraud.
B) robbery.
C) larceny.
D) no crime.

Question 45

Laird is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

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

Question 46

Barb, a computer operator for Cloud Corporation, is arrested in her employer's parking lot on suspicion of larceny. Barb must be informed of her right to

A) a trial by jury.
B) punishment.
C) question witnesses.
D) remain silent.

Question 47

As Bev drives by the Cold Storage Warehouse loading dock next door to her office, she takes a box of unopened drinks that is sitting on the dock, puts the carton in her car, and drives away. This is

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

Question 48

Bruno buys and sells stocks and bonds. Bruno may be subject to penalties under RICO

A) for making an unprofitable, but legal, investment.
B) for the commission of securities fraud.
C) only in a case involving a "racket."
D) only in a case involving organized crime.

Question 49

Opal, a cashier at Peoples Bank, deposits a few cents into her account from checks customers deposited into their accounts. This most likely is

A) robbery.
B) embezzlement .
C) larceny .
D) wire fraud.

Question 50

Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial

A) if the evidence will be used to prosecute him.
B) if the police do not promise to keep the evidence confidential.
C) if the evidence is "fruit of the poisonous tree."
D) under no circumstances.

Question 51

Bert pushes Connie to the ground, grabbing her smartphone as she falls. The use of force or fear is required for this act to constitute

A) bribery.
B) any crime.
C) larceny.
D) robbery.

Question 52

Bond, the owner of Camp Ground, trusts Dave to manage the resort's daily cash flow. One night, without Bond's knowledge or consent, Dave takes and keeps $1,000 from the receipts. This is most likely

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

Question 53

Bob creates a scheme to obtain people's personal information through e-mails claiming that an arrest warrant will be issued for non-payment of taxes if they don't immediately provide their social security number and bank account number so that money can be transferred to the IRS. Bob does not work for the IRS or any government agency. This is

A) robbery.
B) wire fraud .
C) larceny .
D) no crime.

Question 54

Sawyer offers Tina, a city inspector, money to overlook building code violations in his tenement. Tina accepts the money and overlooks the violations.  Sawyer is charged with the crime of bribery. The crime occurred when

A) Sawyer violated the building code.
B)   Sawyer offered the bribe.
C) Tina accepted the bribe.
D) Tina overlooked the violations.

Question 55

Chuck signs Dolly's name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is

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

Question 56

A speedy trial, a trial by jury, a public trial, and the right to confront witnesses are guaranteed by

A) the Fourth Amendment.
B) the Fifth Amendment.
C) the Sixth Amendment.
D) state law, not the U.S. Constitution

Question 57

No warrant for a search can be issued without

A) double jeopardy.
B) probable cause.
C) reasonable doubt.
D) immunity.

Question 58

Quint, an employee of Reservations Inc. pays Sienna, an employee of Reservations' competitor Travel Inc., for a secret Travel pricing schedule . This is most likely

A) bribery of a public official.
B) commercial bribery.
C) bribery of a foreign official.
D) no crime.

Question 59

Mail fraud requires intent to

A) claim that an item is "in the mail" when it is not.
B) defraud postal authorities.
C) use the U.S. mail.
D) defraud the public.

Question 60

Mary takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nell picks up the ring, puts it on, and walks away. Nell has likely committed

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

Question 61

Jade puts a picture of a collection of rare sports memorabilia up for bids on BuyBay, an Internet auction site. Khalil makes the highest bid and sends the payment, which Jade receives. Jade deposits the money but does not send the collection because she doesn't own it. This is

A) no crime.
B) identity theft.
C) phishing.
D) cyber fraud.

Question 62

Via the Internet, Britta enters false code into the computer control system of Chicken Processing Company, a food maker, to alter the levels of ingredients so that consumers of the food become ill. Britta is

A) a cyberterrorist .
B) a phisher .
C) malware .
D) a prosecutor .

Question 63

Enrique accesses Finance Bank's computer system without authority to obtain protected financial records. Under federal law, this is

A) a felony if it was done for a commercial purpose.
B) a felony if the bank brings a civil suit against Enrique.
C) not a crime.
D) a crime but not a felony.

Question 64

Leo is accused of a crime where there are potential other actors. The state can offer to trade information from Leo for a promise to prosecute Leo for a lesser crime. This is

A) bribing Leo in a way that serves the public interest.
B) forcing Leo to provide information that can be used to prosecute him.
C) granting Leo immunity.
D) none of the choices.

Question 65

Riley commits an act via e-mail against State Bank, a business in Texas, where the act is a cyber crime. Riley resides in Utah where the act is not a crime. Prosecution of Riley in Texas involves questions of

A) jurisdiction.
B) "maximum contacts."
C) the immunity of Internet service providers.
D) encryption.

Question 66

Ryan is accused of auto theft. Ryan refuses to give information related to his alleged criminal activities because he suspects it will be used to prosecute him. This is

A) a mistake of fact.
B) entrapment by the police officers.
C) the privilege against self-incrimination.
D) another illegal act by Ryan.

Question 67

Posing as eBank, Frank e-mails Grace, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Frank promptly sells to Hector. This is

A) hacking .
B) no crime .
C) phishing .
D) cyberterrorism.

Question 68

Cameron is an accountant in the accounting department of Data Analytics Company. Cameron's son's college tuition is due within a week, or he cannot continue taking classes. To meet the due date, Cameron transfers funds from Data Analytics to a fictitious bank account, planning to repay the firm within one month. The transfer is discovered before the firm is re-paid, and Cameron is arrested. What crime, or crimes, if any, has Cameron committed?

Question 69

Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate

A) the power of the police.
B) the authority of the court.
C) the wrongfulness of her conduct.
D) the fruits of his crime.

Question 70

Cloud Computing Services, Inc., suffers a security breach in its computer network. Before the company discovers the breach, the perpetrator obtains a large amount of confidential data, including corporate financial records, marketing plans, and other sensitive information. Has a crime been committed? If so, what are its elements?

Question 71

Don sends e-mail to Eve and several others, promising a percentage of the amount in a foreign bank account if the recipient of the e-mail will assist in transferring the funds to a U.S. bank account. Eve forwards her account number, but the funds are never sent. Instead, Don quickly withdraws the funds in Eve's account. This is

A) no crime.
B) identity theft.
C) phishing.
D) cyberterrorism.

Question 72

Raul uses social media to post links that, when clicked, secretly install software on others' computers without the owners' knowledge Raul's software is designed to harm or disrupt the computers. This program is

A) malware .
B) a phish.
C) entrapment .
D) larceny .