Deck 6: Criminal Law and Cyber Crime

Question 1

The crime of theft requires the taking of property,without regard to whether the perpetrator knew it belonged to another.

Answer 1

False

Question 2

Corporations,unlike persons,cannot be liable for crimes.

Answer 2

False

Question 3

Divestiture of a business interest is a possible penalty under RICO.

Answer 3

True

Question 4

Money laundering includes making "dirty" money "clean" of legitimate businesses.

Question 5

The intent to return the embezzled property is a defense to the crime of embezzlement.

Question 6

A criminal case must be proved beyond a reasonable doubt.

Question 7

Only private attorneys prosecute criminal defendants.

Question 8

Crimes occurring in a business context are popularly referred to as white-collar crimes.

Question 9

A crime can be committed only against persons.

Question 10

A bribe must consist of money to be a crime.

Question 11

Stealing software is not a crime.

Question 12

Thinking about killing someone constitutes the crime of attempted murder.

Question 13

It may be a crime to take another's property,but it is not a crime to receive stolen goods.

Question 14

At a criminal trial,the burden of proof is on an accused person to prove his or her innocence.

Question 15

Criminal liability depends on the performance of a prohibited act.

Question 16

A person who commits larceny can be sued under tort law.

Question 17

Only blue-collar crimes are prosecuted under RICO.

Question 18

It is not a crime to defraud the public through the use of ads on television.

Question 19

The crime of bribery occurs when the bribe is offered even if it is not accepted.

Question 20

Mens rea refers to the mental state necessary for criminal liability.

Question 21

There is at least one circumstance in which a person cannot refuse to testify.

Question 22

Vladimir is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors.The standard of proof to find a defendant who has been charged with a crime guilty is

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

Question 23

A business takes a risk by electronically storing its customers' credit account numbers.

Question 24

Jurisdiction can be a key issue in a case involving a cyber crime.

Question 25

Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock,puts the carton in his car,and drives away.This is

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

Question 26

Identity theft occurs when a wrongdoer steals another's form of identification.

Question 27

A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.

Question 28

A misdemeanor is a crime punishable only by a fine.

Question 29

A federal judge must adhere strictly to federal sentencing guidelines.

Question 30

Ira signs Jill's name,without her authorization,on the back of a check made out to her.This is

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

Question 31

A suspect cannot be tried twice in the same court for the same crime.

Question 32

The only defense to criminal liability that justifies the use of force is self-defense.

Question 33

Hackers sometimes rent their "crimeware" as a service.

Question 34

Computer fraud is a state,not a federal,crime.

Question 35

Under the exclusionary rule,all illegally obtained evidence must be excluded from any related criminal prosecution.

Question 36

Under the Fourth Amendment,a general search warrant and a general search through a person's belongings are permitted.

Question 37

Most crimes must be prosecuted within a certain number of years.

Question 38

Leah gains access to government records and alters certain dates and amounts in her favor.This is

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

Question 39

Phishing occurs when a criminal poses as a member of the rock group Phish.

Question 40

Ludwig receives from Milo a marimba stolen from Nadine.To be criminally liable,Ludwig must know

A)Milo.
B)Nadine.
C)that the marimba is stolen.
D)what a marimba is.

Question 41

Jeri is indicted.Before she is arrested,she confesses to the crime in a conversation with Kelly,the arresting officer.Kelly then arrests Jeri and advises her of the right to counsel.Later,Jeri claims that her statement should be excluded as evidence from her trial.The statement will most likely be

A)admitted because Jeri knew she did the crime and confessed.
B)admitted because Jeri made it before being advised of her rights.
C)excluded because a confession is not admissible in a criminal trial.
D)excluded because it was elicited before Jeri was advised of her rights.

Question 42

Domino causes a disturbance at El Nino Cafe.He is arrested and charged with disorderly conduct,a misdemeanor.A misdemeanor is a crime punishable by

A)a fine only.
B)imprisonment up to one year.
C)imprisonment up to six months.
D)imprisonment up to ten days.

Question 43

Mona offers Ned,a building inspector,money to overlook the violations in her new warehouse.Ned accepts the money and overlooks the violations.Mona is charged with the crime of bribery.The crime occurred when

A)Mona decided to offer the bribe.
B)Mona offered the bribe.
C)Ned accepted the bribe.
D)Ned overlooked the violations.

Question 44

Dirk,an employee of Ergonomic Elevators,Inc. ,pays Ferbie,an employee of Ergonomic's competitor G-Force Risers Company,for a secret G-Force pricing schedule.This is

A)an effective marketing strategy.
B)commercial bribery.
C)creative legal bookkeeping.
D)money laundering.

Question 45

Briana,an employee of Cotillion Bank,is charged with embezzlement,which requires

A)fraudulently appropriating another's property.
B)obtaining lawful possession of property.
C)physically taking property from its owner.
D)the use of force or fear.

Question 46

Vance points a gun at Workman,threatening to shoot him.Workman hits Vance,causing his death.Charged with homicide,Workman can successfully claim as a defense

A)insanity.
B)duress.
C)entrapment.
D)self-defense.

Question 47

Smitty,driving while intoxicated,causes a car accident that results in the death of Tiffany.Smitty is arrested and charged with a felony.A felony is a crime punishable by death or imprisonment for

A)any period of time.
B)more than one year.
C)more than six months.
D)more than ten days.

Question 48

Riley,a State Bank employee,deposits into his account checks that are given to him by bank customers to deposit into their accounts.This is

A)embezzlement.
B)larceny.
C)money laundering.
D)no crime.

Question 49

Donney takes the trade secrets of Effervescent Soda Company without Effervescent's consent.Donney gives the secrets to Fruity Drinks Corporation,an Effervescent competitor,without compensation.Fruity knows that the secrets were acquired without Effervescent's consent.Under federal law,Fruity has committed

A)a crime only if Fruity uses the secrets.
B)a crime only if Effervescent later discovers the theft.
C)not a crime.
D)a crime.

Question 50

Alan,the president of Bayside Investments,Inc. ,and Colin,Bayside's accountant,are charged with a crime,after the police search Bayside's offices.Under the exclusionary rule

A)certain Bayside records are excluded from subpoena.
B)certain parties to a criminal action may be excluded from a trial.
C)illegally obtained evidence must be excluded from a trial.
D)persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury.

Question 51

On the orders of their corporate employer,Della and Efron,employees of Fabulous Fashionista,a clothing store,switch trademarks on clothing that comes into the store to be sold to consumers.This is

A)forgery.
B)larceny.
C)obtaining goods by false pretenses.
D)no crime.

Question 52

Mary,who is charged with a crime,claims that Nick,a government agent,entrapped her.For entrapment to be a valid defense

A)Mary must not have been predisposed to commit the crime.
B)Nick must have pressured Mary into committing the crime.
C)Nick must have suggested that the crime be committed.
D)all of the choices.

Question 53

Taylor digitally copies business software without the authorization of the owners and sells the copies to others via the Internet.Under federal law,this is

A)a crime only if the copies are not the same as,or close to,the original.
B)a crime only if Taylor and the buyers are in different jurisdictions.
C)not a crime.
D)a crime.

Question 54

Jake is charged with embezzlement.Embezzlement is not robbery because embezzlement may be committed without

A)a criminal act.
B)a criminal intent.
C)taking property from its owner.
D)the use of force or fear.

Question 55

In relation to Edie's solicitation of investors in a nonexistent business,she is charged with "mail fraud." This requires,among other things,

A)claiming that an item is "in the mail" when it is not.
B)deceiving postal authorities as to the content of an item of mail.
C)depositing items in the postal system without proper postage.
D)mailing or causing someone else to mail a writing.

Question 56

Yvon is charged with the crime of theft for taking Zach's briefcase,which Yvon mistakenly thought was hers.A mistake of fact is a defense

A)if the fact was not reasonably made known to the public.
B)if the mistake negates the mental state necessary to commit a crime.
C)if the perpetrator was intoxicated.
D)under any circumstances.

Question 57

Rick manages an illegal gambling operation in his Sushi Bar & Grill.Rick reports the profits of the gambling operation as income from Sushi's legitimate activities on its tax returns.This is

A)embezzlement.
B)larceny.
C)money laundering.
D)no crime.

Question 58

Page points a knife at Ray's daughter,threatening to hold her hostage and "cut" her unless Ray takes a certain file from Skelter Supplies Corporation,his employer.Charged with theft,Ray can successfully claim as a defense

A)insanity.
B)duress.
C)entrapment.
D)self-defense.

Question 59

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

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

Question 60

Mae is granted immunity after she agrees to testify about a crime.Mae has an absolute privilege against self-incrimination and

A)can be prosecuted only for a crime about which she agreed to testify.
B)cannot be prosecuted for any crime.
C)cannot refuse to testify on Fifth Amendment grounds.
D)can refuse to testify on Fifth Amendment grounds.

Question 61

Posing as a representative of Global Games Company,Ferris e-mails Evan,a job seeker,asking him to forward personal banking information so that if he is hired,payroll checks can be deposited directly into his account.Evan supplies the data,which Ferris promptly sells to Dixie.This is

A)no crime.
B)employment fraud.
C)phishing.
D)vishing.

Question 62

Kino sees a DVD player on the porch of Lulu's house,takes the player to his home,and tells everyone he owns it.Maya,holding a knife,forces Nick to give her his boom box,and runs away with it.Ollie breaks into Pam's apartment,takes a computer,and leaves.Which of these acts are crimes,and what are the differences among them?

Question 63

Refer to Fact Pattern 6-1.Minka's software is harmful to the computers on which she installed it.This program is

A)malware.
B)badware.
C)harmware.
D)infectware.

Question 64

Via the Internet,Rocky sabotages the computer system of Quik Chik'n Company,a food manufacturer,with the purpose of altering the levels of ingredients of the company's products so that consumers of the food become ill.Rocky is

A)a cyberterrorist.
B)a botnet.
C)a virus.
D)a worm.

Question 65

Susan is the president of United Food Corporation,a wholesale grocery company.An inspection by Tim,a government agent,uncovers unsanitary conditions caused by Val,a United employee,in the United warehouse.Will,a United vice president,assures Tim that the situation will be corrected,but nothing is done,which a later inspection reveals.Susan knows nothing about any of this.Can United be convicted of a crime in these circumstances? Can Susan be held personally liable?

Question 66

Posing as Platinum Bank,Oswald e-mails Nadia,asking her to update her personal banking information through a link in the e-mail.She clicks on the link and types in the data,which Oswald promptly sells to Moe.This is

A)no crime.
B)employment fraud.
C)phishing.
D)vishing.

Question 67

Mike is arrested at a warehouse in North Industrial Park.A government prosecutor issues a formal charge against Mike for receiving stolen property.This charge is

A)an arraignment.
B)an indictment.
C)an information.
D)an inquisition.

Question 68

Rashad accesses Quant Company's computer system without authority to obtain protected financial data.Under federal law,this is

A)a felony if it is committed for a commercial purpose.
B)a felony if Quant brings a civil suit against Rashad.
C)not a crime.
D)a crime,but not a felony.

Question 69

Refer to Fact Pattern 6-1.Minka's secretly installed software allows her to forward transmissions from her unauthorized network to even more systems.This network is

A)a hacker.
B)a bot.
C)a botnet.
D)a worm.

Question 70

Jean sends e-mail to Irwin promising a percentage of the amount in an African bank account for assistance in transferring the funds to a U.S.bank account.Irwin forwards his account number,but the funds are never sent.Instead,Jean quickly withdraws the funds in Irwin's account.This is

A)online greed but not fraud.
B)an online "fool-me-once,shame on you" occurrence but not fraud.
C)online gambling but not fraud.
D)online fraud.

Question 71

Britney,an employee of Computer Associates,is arrested at work.A grand jury issues a formal charge against Britney for larceny.This charge is

A)an arraignment.
B)an indictment.
C)an information.
D)an inquisition.

Question 72

Herb,a computer programmer for Inventory Control Corporation,is arrested in his employer's parking lot on suspicion of larceny.Herb must be informed of his right to

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