Deck 11: Prosecuting, Defending, and Adjudicating White Collar Crime

Question 1

State attorney generals primarily prosecute white collar crime cases involving which of the following?

A) Individual defendants engaged in fraudulent transactions
B) Employees stealing from their employer
C) Large collectives of individuals engaged in business frauds
D) Major corporations causing harm to employees

Answer 1

A

Question 2

Which of the following statements about federal agencies is true?

A) They are typically eager to refer criminal cases to the Justice Department
B) They are conscious of the fact that the standards of proof for cases pursued by the Justice Department can be more easily met than if they handled the cases
Themselves
C) They are sometimes reluctant to refer cases to the Justice Department because it suggests a failure on the agency's part, and may not lead to a successful resolution
D) They maintain full control over the disposition of cases even after they refer them to federal prosecutors

Answer 2

C

Question 3

The primary responsibility for pursuing major white collar crime cases is assumed by which of the following?

A) Local prosecutors
B) State prosecutors
C) Federal prosecutors
D) International prosecutors

Answer 3

C

Question 4

In the Ford Pinto case:

A) the Ford corporation was prosecuted successfully by federal prosecutors
B) the Ford corporation was prosecuted successfully by a county prosecutor
C) the Ford corporation was prosecuted unsuccessfully by federal prosecutors
D) the Ford corporation was prosecuted unsuccessfully by a county prosecutor

Question 5

In the text, the SEC is likely to make referrals for criminal prosecution in cases involving all but which of the following?

A) Organized crime
B) Foreign investors
C) Chronic violators
D) Corruption of public officials

Question 6

The prosecution of corporate and business crime seems to occur most readily in:

A) economically weak communities
B) economically strong communities
C) an economic depression
D) a period of high unemployment

Question 7

According to the text, which of the following does not contribute to the relatively low level of attention paid to white collar crime by local prosecutors?

A) The fact that they do not typically regard such crime as especially serious
B) The fact that such cases require a very large expenditure of time and resources
C) The rationalizion that such cases are primarily the responsibility of various state or federal agencies
D) A concern about antagonizing local consumers and workers

Question 8

In the current era, the Justice Department has increasingly used deferred prosecution agreements with corporate offenders.Which of the following is not true about these agreements?

A) Corporations may accept large fines
B) Corporations may accept outside monitoring of their activities
C) Prosecutors agree not to pursue criminal indictments against the corporations
D) These agreements have not been employed in conventional crime cases

Question 9

With regard to the local prosecution of white collar crime, which of the following is true?

A) Most local prosecutors surveyed say they have never prosecuted such crime
B) Most local prosecutors handle only a few white collar crime cases per year
C) The prosecution of white collar crime cases has become less of a priority since the 1970s
D) Prosecutors who pursue white collar crime cases say they do so for practical, as opposed to idealistic, reasons

Question 10

Which of the following scandals was a major inspiration for the formal creation of the special prosecutor's (independent counsel's) office?

A) Credit Mobilier
B) Teapot Dome
C) Watergate
D) Iran/Contra

Question 11

The Republican presidential administrations of Ronald Reagan and George Bush, Sr., showed:

A) lots of determination to prosecute major corporate crime
B) little commitment to prosecuting white collar crime.
C) lots of determination to prosecute business contributions to political campaigns
D) lots of determination to prosecute high-level executive branch violations of constitutional law

Question 12

According to Donald Scott's study of federal antitrust cases, which of the following would not be a factor in the decision to prosecute?

A) The quality of the evidence
B) The size of the parties involved
C) The public demand for prison sentences in antitrust cases
D) The likely impact of such prosecution on the department's reputation

Question 13

In the relatively few cases in which state prosecutors pursue corporations, they often do so in a cooperative venture with local and federal prosecutors in a process known as:

A) crossing boundaries
B) cross-referral
C) cross designation
D) cross-pursuit

Question 14

The prosecution of white collar crime cases became a much greater priority for the U.S.Department of Justice beginning in the:

A) 1930s
B) 1950s
C) 1970s
D) 1990s

Question 15

Corporate antitrust cases:

A) tend to be large and complicated
B) have been pursued without influence by an executive administration's political ideology
C) are most likely to be settled by negotiation and agreement when initiated by the Department of Justice, as opposed to some other federal agency
D) tend to be resolved within a short span of time

Question 16

The prosecution of environmental crime:

A) has been commonplace since the beginning of the 20th century
B) is the Environmental Protection Agency's preferred way of resolving environmental damage cases
C) has been associated with especially severe sanctions
D) increased somewhat during the 1980s

Question 17

Which of the following is true of the grand jury in white collar crime cases?

A) it is more important than in conventional crime cases
B) it is less important than in conventional crime cases
C) it is of equal importance in both white collar and conventional crime cases
D) it is never used in white collar crime cases

Question 18

The combination most likely to lead to criminal prosecution of white collar crime, according to a survey cited in the text, is which of the following?

A) Multiple defendants, non-organizational victims and a large number of victims
B) Individual defendants, and organizational victims
C) Individual defendants, organizational victims, and multiple offenses or a large number of victims
D) Multiple defendants, organizational victims and multiple offenses

Question 19

The Clinton presidential administration of the 1990s was somewhat more ideologically attuned to pursuing white collar crime cases, and a dramatic increase in the pursuit of ____ cases, in particular, occurred during the early years of this administration.

A) state crime
B) political corruption
C) environmental crime
D) antitrust

Question 20

The retention of private counsel:

A) is less common for white collar defendants than for conventional crime defendants
B) is far more common for white collar defendants than for conventional crime defendants, although a significant percentage of those charged with white collar
Crimes cannot afford such counsel
C) is far more likely for bank embezzlement defendants than for antitrust defendants
D) is uniform for all white collar crime defendants

Question 21

White collar crime defendants are more likely to do which of the following than defendants in conventional crime cases?

A) Plead guilty and go to trial
B) Plead guilty and not go to trial
C) Plead not guilty and go to trial
D) Invoke their Fifth Amendment Rights and let the judge decide whether the case should go to trial

Question 22

The conviction of the Enron accounting firm Arthur Anderson for obstruction of justice was overturned by the U.S.Supreme Court for which of the following reasons?

A) The original charge was inappropriate
B) One of the jurors was related to one of the defendants
C) Some of the evidence presented by the prosecution was forged
D) The judge made a mistake when explaining important issues to the jury

Question 23

Which of the following is not a factor that seems to attract attorneys to represent people accused of white collar crime?

A) It is quite lucrative
B) It allows for a solo or small firm practice
C) The cases are often interesting and complex
D) Clients in most cases are likely to be innocent

Question 24

According to the text, in some rare cases, judges may override a jury finding of guilty if they conclude that:

A) the jury is acting on a class bias
B) the jury has misunderstood the evidence
C) the jury has been influenced by media surrounding the case
D) the jury is trying to make a statement against similar cases that were treated too lightly in the past

Question 25

Which of the following is the most common penalty imposed upon organizational offenders?

A) A restitution order
B) Civil payments
C) A fine
D) Community service

Question 26

Which of the following is true of white collar sentencing practices?

A) There is little variation in the sentences imposed on different types of white collar offenders
B) Judges have been especially tough on those who commit a violation of a public trust
C) When fines are imposed on white collar crime defendants, they are typically very substantial
D) Orders to pay restitution are the norm in white collar crime cases

Question 27

Which of the following is true of sentencing guidelines with regards to white collar crime?

A) They have always been in place for white collar crime or organizational defendants
B) They seem to favor white collar crime defendants, relative to conventional crime defendants
C) The have been very broadly supported by judges
D) The were formulated principally with organizational defendants in mind

Question 28

According to Mann's study, in what way does white collar crime defense work differ from conventional crime defense work?
A) Attorneys typically become involved at a later stage of the case
B) The control of information becomes a major objective
C) Clients are much more likely to be advised to disclose information to the authorities when first questioned
D) Attorneys are much less likely to engage in preliminary discussions or negotiations with the government
According to Mann's study, in what way does white collar crime defense work differ from conventional crime defense work?
A) Attorneys typically become involved at a later stage of the case
B) The control of information becomes a major objective
C) Clients are much more likely to be advised to disclose information to the authorities when first questioned
D) Attorneys are much less likely to engage in preliminary discussions or negotiations with the government
According to Mann's study, in what way does white collar crime defense work differ from conventional crime defense work?

A) Attorneys typically become involved at a later stage of the case
B) The control of information becomes a major objective
C) Clients are much more likely to be advised to disclose information to the authorities when first questioned
D) Attorneys are much less likely to engage in preliminary discussions or negotiations with the government

Question 29

Which of the following is true of judicial sentencing in white collar crime cases?

A) the death penalty has only rarely been imposed upon convicted white collar crime defendants
B) judges have traditionally imposed tough prison sentences on convicted white collar crime defendants
C) judges have traditionally been reluctant to impose tough prison sentences on convicted white collar defendants
D) harsh sentences of any kind have never been imposed upon convicted white collar crime defendants

Question 30

The problem of jury competence appears to be:

A) less pronounced in white collar crime cases than in conventional crime cases
B) more pronounced in white collar crime cases than in conventional crime cases
C) less of a problem in cases involving high level frauds than low level frauds
D) more pronounced when jurors are college educated than when they have no college education

Question 31

White collar offenders are most often incarcerated in what type of prison?

A) Maximum security prisons
B) Medium security prisons
C) Minimum security prisons
D) Non-security prisons

Question 32

Which of the following is true of civil lawsuits against corporations?

A) They have historically been filed in a high proportion of cases of worker or consumer injury
B) They have increased measurably in more recent decades
C) The majority of them involve matters which could be characterized as white collar crimes
D) They have become simplified and less likely to involve multiple parties than they were in the past

Question 33

What characterizes a "reverse Nuremberg" defense?

A) Claiming that "I was only following orders"
B) Claiming that "I was physically pressured to do it"
C) Claiming that "I only give orders, I don't carry them out"
D) Claiming that "I thought it was for the better of humanity"

Question 34

Which of the following is true of jurors in white collar crime cases?

A) Have been shown to be uniformly more sympathetic to defendants than to those in conventional crime cases
B) Have been shown to be uniformly less sympathetic to defendants than to those in conventional crime cases
C) Are likely to be most sympathetic to defendants most like themselves
D) Are likely to be most sympathetic to defendants most unlike themselves

Question 35

Which of the following is true of plea bargaining in white collar crime cases?

A) It is generally unknown in white collar crime cases
B) It tends to be less cooperative negotiation and more adversarial confrontation in white collar crime cases as compared to conventional crime cases
C) It is far less common in white collar crime cases because defendants have no serious incentives to plead guilty
D) It is most effective for the defense when the defendant holds off making a deal as long as possible, as in the case of Michael Milken

Question 36

The limited number of studies of imprisoned white collar crime offenders point to which of the following conclusions?

A) They clearly suffer much more than conventional offenders
B) They are spared all the demeaning experiences of conventional offenders
C) They do not necessarily suffer more, or adjust more poorly, than conventional offenders
D) They have far more limited options than conventional offenders after they leave prison

Question 37

Which of the following is true of legal fees in white collar crime cases?

A) They are certain to come from a legal source
B) They are likely to be less substantial than for conventional crime cases
C) They may in certain circumstances render the attorney vulnerable to criminal prosecution
D) They may never serve as a basis for criminal charges, even if they are criminally derived property

Question 38

Which of the following is true with regard to fines imposed upon organizational offenders?

A) They typically bankrupt the organization
B) They most commonly are several times the cost of the harm involved
C) The multiple relative to the amount of harm is greatest for firms causing the most harm
D) In many cases the fine is evaded, or has no substantial impact on the operation of the corporation

Question 39

Studies of the relationship between class status and sentencing outcomes in white collar crime cases have shown that:

A) higher-status white collar offenders receive more severe sentences than lower-status white collar offenders
B) lower-status white collar offenders receive more severe sentences than higher-status white collar offenders
C) higher-status offenders appear to receive more severe sentences than lower-status offenders, but only according to some studies
D) class status seems to have nothing whatsoever to do with sentencing outcomes

Question 40

With regards to prison sentences, white collar criminals:

A) are considerably less likely to go to prison than conventional offenders, and are likelier to receive shorter sentences
B) are considerably more likely to go to prison are conventional offenders, but are likelier to receive shorter sentences
C) are just as likely to go to prison as conventional offenders, but are likelier to receive shorter sentences
D) are just as likely to go to prison as conventional offenders, and are likely to receive comparable sentences

Question 41

Local prosecutors can be reluctant to antagonize local business interests.

Question 42

The prosecution of antitrust cases has been highly selective.

Question 43

Conservative Republican administrations during the 1980s put special emphasis
on major corporate crime in order to safeguard the decade's prosperity.

Question 44

The "Holder Memo" and the "Thompson Memo" have been viewed as factors in
the increase of deferred prosecution agreements.

Question 45

Only a small percentage of white collar crimes are prosecuted and adjudicated by
the criminal justice system.

Question 46

When state prosecutors criminally pursue corporate crime cases, they often do so
in cooperation with local and federal prosecutors.

Question 47

In the 1970s, federal prosecutions of white collar crime cases increased
dramatically.

Question 48

Fraud is the most common form of white collar crime prosecution undertaken by
local prosecutors.

Question 49

Local prosecution of white collar crime cases is most likely in cases where
physical harm to human beings or substantial economic harm has occurred.

Question 50

Federal prosecutors may opt for civil proceedings as opposed to criminal
proceedings when pursuing white collar offenders.

Question 51

Local prosecutors have traditionally directed much more attention to conventional
street crime cases than to white collar crime cases.

Question 52

According to the text, some types of white collar offenders (such as solo
practitioners engaged in professional misconduct) may be more vulnerable to
prosecution during a period of economic distress.

Question 53

The local prosecution of white collar crime cases is based on a number of factors,
but not on the level of resources available to the prosecutor.

Question 54

What does the acronym SLAPP, in relation to civil suits, stand for?

A) Student lawsuits against political parties
B) Strategic lawsuits against private parties
C) Student lawyers against public participation
D) Strategic lawsuits against public participation

Question 55

Which of the following is true of product liability and medical malpractice cases?

A) A substantial majority of them end without a judgment
B) A substantial majority of them are settled out of court
C) A substantial majority of them are won by defendants
D) A substantial majority of them are won by plaintiffs

Question 56

Federal prosecutors have assumed the primary responsibility for pursuing major
white collar crime cases.

Question 57

When a large group of victims of a corporation's harmful conduct join forces and initiate legal action against the corporation, it is known as what type of lawsuit?

A) Class action
B) Collateral action
C) Collective
D) Combined

Question 58

Deferred prosecution agreements allow corporations to accept certain conditions
in return for the prosecutor not pursuing criminal indictments against them.

Question 59

According to a survey reported in the text, the great majority of state attorney
generals do not believe they have jurisdiction in white collar crime cases.

Question 60

The Presidential administration of George W.Bush has been very aggressive in
pursuing corporate crime cases.

Question 61

The special prosecutor in the Iran-Contra arms case issued a final report absolving
high-level officials including President Reagan and Vice President Bush from
responsibility in covering up the crime.

Question 62

White collar crime defendants are far more likely than conventional crime
defendants to retain private counsel.

Question 63

According to a major study of white collar crime defense work, compared with
conventional crime defense, much earlier involvement in the case is the norm.

Question 64

Traditionally, it has been federal government agencies that initiate court
proceedings against corporate polluters.

Question 65

It is widely regarded as unethical for corporations to employ defense lawyers to
represent accused corporate executives.

Question 66

Antitrust cases can only be initiated by the Federal Trade Commission.

Question 67

At the sentencing stage, white collar crime defense lawyers typically play a
smaller and more limited role than they do in conventional crime cases.

Question 68

The formal secrecy of grand jury proceedings can help protect the reputation of
businesses being investigated for alleged white collar crime offenses.

Question 69

The grand jury is more likely to be involved in white collar crime cases than
conventional crime cases.

Question 70

In many white collar crime cases, defense attorneys hire private investigators to
gather information helpful to them.

Question 71

The broad subpoena powers of a grand jury are one advantage it has in pursuing
white collar crime.

Question 72

In Morrison v.Olson (1988), the U.S.Supreme Court ruled that the special
prosecutor office was not an unconstitutional violation of the separation of powers
doctrine.

Question 73

Prison sentences in antitrust cases have been quite common.

Question 74

During the 1980s, the level of criminal investigative and prosecutorial resources
directed at environmental crime expanded considerably.

Question 75

White collar defense lawyers tend to be divided between those who adopt a
conciliatory, cooperative strategy with prosecutors and those who attempt to
intimidate them by threatening all-out combat.

Question 76

During the Watergate Affair, President Nixon attempted but was ultimately
unable to arrange for the firing of special prosecutor Archibald Cox.

Question 77

It is usually difficult to obtain cooperation from accused parties in antitrust cases
that are being aggressively pursued by federal prosecutors.

Question 78

A basic rationale for the special prosecutor position was to allow high-profile,
politically sensitive cases to be pursued without fear of political interference from
the Justice Department.

Question 79

Efforts in 1999 to introduce a reformed independent counsel law, imposing some
limitations on jurisdiction, time frame, and budgets, were unsuccessful.

Question 80

The complexity of many white collar crime cases often generates a wider range of
options for appealing a conviction than is true for conventional crime cases.