Deck 11: Theft and Analogous Offenses

Question 1

Jack is a crook with an honest face. People easily trust him. Jack works a scam in which he convinces the elderly to invest their life savings in a false company based on false annual reports of highly lucrative returns. He insists the investment must be in cash to facilitate timely return on investment. What is guilty of a crime involving what?

A)Extortion
B)Embezzlement
C)False pretenses
D)None of the above

Answer 1

C

Question 2

Simply put, when does theft actually occur?

A)When a person removes property from one location to another
B)When the property taken has a significant value
C)When a person or persons unlawfully takes another's property
D)None of the above

Answer 2

C

Question 3

What is blackmail, which consists of taking another's property by threats of future harm?

A)Embezzlement
B)Fencing
C)Extortion
D)None of the above

Answer 3

C

Question 4

What is the legal term for a person to whom goods or property are entrusted.

A)Bailee
B)Bailor
C)Bondee
D)Bonder

Question 5

What must the mens rea for larceny include?

A)Indication of theft
B)Concern for theft
C)Probability of theft
D)Intent to steal

Question 6

In George v. Commonwealth of Virginia, Francis Habo George withheld funds taken from employees' salaries for income taxes and placed the funds in his personal account from which he paid personal expenses. What crime did Francis commit?

A)Extortion
B)Embezzlement
C)Tyranny
D)None of the above

Question 7

What is the primary difference between real property and personal property?

A)Real property has a higher value.
B)Real property refers to property that cannot be picked up and taken away.
C)Real property is smaller than personal property.
D)None of the above

Question 8

George steals 100 watches from a local jewelry store while the owner is distracted with a customer. George sells the stolen watches to another jeweler in another part of town. What charges may be filed against the second jeweler?

A)Burglary
B)Accessory
C)Theft
D)None of the above

Question 9

Under Common Law, what is the fourth element required completing the crime of larceny?

A)Trespassing
B)Permanent depriving the owner/possessor of the property
C)Personal property
D)Carrying away

Question 10

What is the unauthorized act that deprives an owner of his property permanently or for an indefinite period of time?

A)Subversion
B)Diversion
C)Conversion
D)None of the above

Question 11

John borrows a car because his car was damaged in a wreck. He borrows the car from the company for which he works under the stipulation that John return the car within two weeks. At the end of the two weeks, John decides he likes the car and does not want to return the car. He refuses to return the car. Legally, what crime has John just committed?

A)Burglary
B)False possession
C)Illegal ownership
D)Theft

Question 12

If a clothing store customer takes a pair of pants from the rack, removes all of the external sales tags, and then approaches the sales clerk or a refund, what crime may be charged?

A)Theft
B)Fraud
C)Criminal mischief
D)None of the above

Question 13

What is the core element of false pretenses?

A)Discrediting another person
B)Deception of another person
C)Perception by another person
D)None of the above

Question 14

Charlie, a bank teller, receives a cash deposit of $10,000.00 from a customer. Instead of reporting the deposit, Charlie gives the customer a fake receipt with another teller's name on the receipt and pockets the money. What charge may be filed against Charlie?

A)Receipt of stolen property
B)Embezzlement
C)Blackmail
D)Extortion

Question 15

What is another word for the Latin word "asportation?"

A)Carrying away
B)Transportation
C)Transfer of title
D)None of the above

Question 16

In Texas, before one can be charged with theft or receipt of stolen goods, what must occur?

A)Prosecution must prove the offender knew the property was stolen.
B)Prosecution must prove the offender participated in the theft.
C)The defendant must have organized the crime.
D)None of the above

Question 17

In respect to larceny, the Latin phrase, trespass be bonis asportatis, refers to a tort in which one party interfered with another's lawful possession of what?

A)Chattel or movable personal property
B)A form of transportation
C)A specific type of property
D)None of the above

Question 18

What is the meaning of the Latin term "caveat emptor?"

A)Turn the other cheek
B)Worry not about others
C)Let the buyer beware
D)None of the above

Question 19

Slim is a petty thief who thrives on shoplifting. He keeps all of the stolen goods in a small, locked shed behind his home and fences the stolen goods when he finds a good buyer. Sam is another thief who knows where Slim stores his stolen goods. Sam sees the doors to the shed wide open one day and steals all of the stolen items from Slim. What crime will be charged against Sam?

A)Criminal mischief
B)Theft
C)Robbery
D)None of the above

Question 20

A store clerk receives a payment from a customer for services rendered. The storeowner entrusts the store clerk to properly receive and log the payment as well as turn in all receipts at the end of the store clerk's shift. What legal term describes the storeowner in this relationship?

A)Bailee
B)Bonder
C)Bondee
D)Bailor

Question 21

George took an antique saddle from Sallie's home, but left Sallie cash that covered the value of the saddle. Since he did not intend to deprive Sallie of the value of the saddle George is not guilty of a crime.

Question 22

The mens rea of larceny requires intent to permanently deprive the owner/possessor of the property.

Question 23

The first three elements of larceny identify the mens rea of larceny and the fourth identifies the actus reus.

Question 24

What is one of the two basic forms of account fraud?

A)The misspelling of the victims name
B)The unlawful access to victim's computer
C)The misuse of a victim's existing account
D)None of the above

Question 25

Punishments for larceny have changed over time; however, the common law elements of the crime have remained more or less intact.

Question 26

The key element of extortion or blackmail is the threat of future harm.

Question 27

In general, taking refers to the removing the property from the possession of another.

Question 28

Jack discovers that Sally, who works in receiving for a stereo warehouse, is creating false documents of receipt alleging fewer stereos were received in a shipment than she actually received. She has been taking the stereos to the local flea market and selling them. Jack meets Sally after work and confronts her with his knowledge, but offers to remain quiet if she pays him $2000 every month. Regardless of Sally's crime, Jack is guilty of the crime of extortion.

Question 29

Steve is a computer whiz and uses his computer to access other computers around the world with the intent to steal the identity information of each computer owner. What crime may be charged against Steve?

A)Identity theft
B)Embezzlement
C)Personality theft
D)None of the above

Question 30

"White-collar crime" is a term used to describe various types of unlawful, nonviolent conduct committed by corporations and individuals including theft or fraud and other violations of trust committed in the course of the offender's occupation.

Question 31

Very few larcenies are simple cases of theft with a few complications or surprises.

Question 32

A thief cracks a safe to gain access to the contents within the safe. The cracking of the safe constitutes the act of larceny itself.

Question 33

It is a crime for a person to receive stolen property, even if that person did not actually steal the property.

Question 34

In Foreman v. United States, the District of Columbia Court of Appeals reversed and remanded the case based on the fact that the prosecution failed to provide proof to the jury that the act included a value of $250 or more.

Question 35

What is a blanket term describing the many varieties of products attributable to human intellect?

A)IQ development
B)Intellectual property
C)Smart property
D)None of the above

Question 36

Ashley is a clerk for a department store. She is responsible for receiving payment from customers for goods purchased. Because of a drug habit Ashley needs more money than she makes. Therefore, she begins keeping half of the cash she receives from customers and covers her tracks by reporting the sale of a lesser item. Ashley may be charged with extortion.

Question 37

What is another name for identity theft?

A)Identity cropping
B)Identity stealing
C)Identity fraud
D)None of the above

Question 38

Some jurisdictions criminalize "larceny by trick" as a crime distinct from false pretenses.

Question 39

What relationship do forgery and uttering share in a criminal act?

A)Forgery involves making a false document and uttering involves passing a forged document.
B)Forgery involves passing a forged document and uttering involves creating a false document
C)Forgery involves embezzlement and uttering involves creating a forged document.
D)None of the above

Question 40

Sam buys a home from George and finances the home through the Mistletoe National Bank. Sam agrees to and signs papers alleging that he will make all the payments required on the loan. Actually, Sam has no intention of making the payments. He simply discovered a way to have a nice home cheaper than paying rent. He knows he will be changing jobs in six months and leaving the area. This act is known as false pretenses.

Question 41

Review the issues and complications that apply to larceny. What relevance does each issue have to charges being filed against a suspect?

Question 42

Adam steals Randy's tax information and W2 forms and files a false tax return with Adam's address as the return address for the tax refund. This crime is known as ________________.

Question 43

In the crime of false pretenses, the victim ____________ gives the property to the criminal.

Question 44

__________________ is the utilizing of personal information of another person to commit fraud or deception.

Question 45

Compare extortion with the crime of robbery. What elements of crime or common between the two crimes? What element separates the two crimes? Could extortion include a threat of serious bodily injury?

Question 46

George steals a checkbook and endorses the check with the owner's actual name. He then cashes the check at a local bank. George is guilty of forgery and ________________.

Question 47

Kelly is a computer hacker that specializes in stealing personal information from another person's computer. Kelly is guilty of __________________.

Question 48

Rick steals Susie's checkbook and writes a check out for $4,000.00 made out to him. He then signs Susie's name on the check as the endorsee. Rick is guilty of the crime of writing a hot check.

Question 49

The trespass element of larceny stems from the Latin term _________________.

Question 50

_____________________ is defined as the false making or the material altering of a document with the intent to defraud.

Question 51

The ___________________ of larceny requires intent to permanently deprive the owner/possessor of the property.

Question 52

Sally takes Ruth's car without her permission and stops to get a tattoo in a high-crime area of town. She leaves the car unlocked with the keys in the ignition because she can see the car from the window of the store. Thieves steal the car. Sally is guilty of _______________________.

Question 53

Steve uses Vicky's name and insurance information to obtain medical services and drugs. He may be charged with ____________________.

Question 54

A car salesman who falsely represents the condition of a car, knowing that it has major mechanical issues, and sells the car as being in mint condition. The salesman has committed the act of selling a vehicle under false promises.

Question 55

Steve and Jim work together at a local machine shop. Both have the same brand torch kits. Steve picks up Jim's torch kits mistakenly thinking it is his and takes it home with him. Steve has exercised a __________________.

Question 56

Compare the elements of larceny and burglary. What element separates larceny from burglary?

Question 57

Ronnie works for the federal copyright office and alters the name to his on a new copyright that he believes will make a lot of money. Ronnie has committed the crime of ____________.

Question 58

____________________ is the act committed when someone in lawful possession of property retains or converts the property for his or her own use with the intent to steal or defraud the rightful owner.

Question 59

Distinguish the differences between embezzlement and larceny. What primary elements are primary to each crime? What elements are the same?

Question 60

Gary runs a fencing operation in the city of Dallas. He specializes in jewelry and watches. He recently received $5 million worth of diamonds stolen from an overseas shipment from Africa. Because of the dollar value of the items Gary fences he rubs elbows with numerous affluent members of Dallas. Therefore, he has the opportunity to gain information about illegal acts committed my many of these rich acquaintances. As a result Gary is able to secure a tidy income simply by threatening to reveal their dirty, dark secrets. Additionally, Gary has planted one of his associates inside the federal copyright office. When Gary receives information that a major copyright is passing through the office, he pays the associate to place Gary's name on the copyright. What crimes has Gary committed? What elements of those crimes apply to this scenario?

Question 61

Jeff steals his neighbor's car around 2:00 am and drives to another city about 40 miles away. He discovers a checkbook in the glove box of the car. He needs fuel so he writes a check from the checkbook and signs the neighbor's name. He gives the check to the station attendant who fails to ask for an ID. Jeff used to work for a manufacturing company in the same city. He remembers that the manager of the company was illegally dumping chemicals into the stream behind the company. Jeff invites the manager to lunch under the guise of a lead for business. During the lunch Jeff tells the manager that unless he pays Jeff $5,000 he will inform the authorities and provide pictures of the illegal dumping. What crimes has Jeff committed? What elements of those crimes apply to this scenario?