Question 1

The defendant enters his/her plea at the arraignment.

Accepted Answer

A) True 
 B)False

Question 2

RICO is a federal criminal statute.

Accepted Answer

A) True 
 B)False

Question 3

Predicate offenses under RICO include:

Accepted Answer

A)   gambling.
B)   bribery.
C)   extortion.
D)   a and c only
E)   all of the aboveF) A) and C)
G) B) and C)

Question 4

Under RICO, business owners can be criminally liable for violations even though they were not directly running the business.

Accepted Answer

A) True 
 B)False

Question 5

Embezzlement is:

Accepted Answer

A)   theft by an employee.
B)   a crime that does not require proof of intent.
C)   a crime that can occur when property is borrowed.
D)   none of the aboveE) All of the above
F) B) and C)

Question 6

Which of the following is not an element of the crime of embezzlement?

Accepted Answer

A)   intent to take property
B)   taking property permanently
C)   no authorization to take the property
D)   All of the above are elements of embezzlement.E) A) and C)
F) A) and B) D

Question 7

The failure to give the Miranda warnings:

Accepted Answer

A)   is a problem only if the defendant is in jail.
B)   will result in a dismissal of all charges.
C)   is a problem only if the defendant is in custody.
D)   none of the aboveE) A) and D)
F) A) and C)

Question 8

Joan owns a citrus tree farm near Mesa, Arizona. Joan and her family have fertilized the trees each spring for 52 years. The irrigation for the trees carries the fertilizer remnants into the Salt River. When EPA investigators discover the fertilizer in the Salt River and trace the unique brand to Joan, they indict her for violation of the Clean Water Act, for the discharge of a substance into a waterway. Joan responds, "I didn't know there was fertilizer. I was just letting water flow."

Accepted Answer

A)   Joan has sufficient mens rea for the crime.
B)   Joan can rely on the Ahmad case and escape criminal liability.
C)   Joan can be held criminally liable for negligence.
D)   none of the aboveE) C) and D)
F) All of the above

Question 9

Which of the following would mitigate an officer's or corporation's sentence under the corporate sentencing guidelines?

Accepted Answer

A)   officer had no direct knowledge; he/she was only the supervising manager
B)   the company had an ethics training program
C)   subordinates failed to follow orders
D)   subordinates were demoted for questioning decisionsE) A) and B)
F) C) and D)

Question 10

The "Know They Customer" program:

Accepted Answer

A)   is a federal program directed at commercial bribery prevention.
B)   is a federal program related to detecting money laundering.
C)   is an unconstitutional federal program.
D)   both a and cE) All of the above
F) A) and B)

Question 11

Employee protection against retaliation for reporting activities is a critical part of crime prevention under U.S. guidelines.

Accepted Answer

A) True 
 B)False

Question 12

Predicate offenses under RICO are theft, burglary, and arson.

Accepted Answer

A) True 
 B)False  False

Question 13

Mens rea is the particular mental state required to establish a crime.

Accepted Answer

A) True 
 B)False

Question 14

Some crimes do not carry a mens rea requirement.

Accepted Answer

A) True 
 B)False

Question 15

Plea bargaining is done only before the arraignment.

Accepted Answer

A) True 
 B)False

Question 16

Jason Ormand was arrested on suspicion of sexual assault. The arresting officers did not give Jason his Miranda warnings. Jason confesses to the assault. The DNA evidence taken from the victim shows with 99% certainty that Jason was her attacker.

Accepted Answer

A)   Because of the violation of Jason's rights in the officers' failure to give the Miranda warnings, the case must be dismissed.
B)   The case can still proceed with the DNA evidence.
C)   The case can proceed but only with the victim's testimony.
D)   none of the aboveE) A) and B)
F) All of the above B

Question 17

Bernie Ebbers, the former CEO of WorldCom, on trial for securities fraud and other crimes, offered as his defense that he did not know what his officers were doing.

Accepted Answer

A)   Ebbers' defense is a valid one because there is no intent.
B)   Ebbers' defense is a valid one because there is no actus reus.
C)   Ebbers can be held liable for the actions of employees.
D)   both a and bE) All of the above
F) B) and C)

Question 18

Which of the following is not an element of criminal fraud?

Accepted Answer

A)   a false material statement
B)   reliance by the buyer
C)   a mistake by the seller or the intent to mislead
D)   All of the above are elements.E) A) and B)
F) None of the above

Question 19

A preliminary hearing requires that the defendant take the stand.

Accepted Answer

A) True 
 B)False

Question 20

Voluntary reporting of criminal violations reduces a company's fines under the federal sentencing guidelines.

Accepted Answer

A) True 
 B)False

Exam 8: Business Crime

The defendant enters his/her plea at the arraignment.

Correct Answer
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RICO is a federal criminal statute.

Correct Answer
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Predicate offenses under RICO include:

Correct Answer
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Under RICO, business owners can be criminally liable for violations even though they were not directly running the business.

Correct Answer
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Embezzlement is:

Correct Answer
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Which of the following is not an element of the crime of embezzlement?

Correct Answer
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D

The failure to give the Miranda warnings:

Correct Answer
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Correct Answer
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Which of the following would mitigate an officer's or corporation's sentence under the corporate sentencing guidelines?

Correct Answer
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The "Know They Customer" program:

Correct Answer
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Employee protection against retaliation for reporting activities is a critical part of crime prevention under U.S. guidelines.

Correct Answer
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Predicate offenses under RICO are theft, burglary, and arson.

Correct Answer
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False

Mens rea is the particular mental state required to establish a crime.

Correct Answer
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Some crimes do not carry a mens rea requirement.

Correct Answer
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Plea bargaining is done only before the arraignment.

Correct Answer
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Jason Ormand was arrested on suspicion of sexual assault. The arresting officers did not give Jason his Miranda warnings. Jason confesses to the assault. The DNA evidence taken from the victim shows with 99% certainty that Jason was her attacker.

Correct Answer
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B

Bernie Ebbers, the former CEO of WorldCom, on trial for securities fraud and other crimes, offered as his defense that he did not know what his officers were doing.

Correct Answer
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Which of the following is not an element of criminal fraud?

Correct Answer
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A preliminary hearing requires that the defendant take the stand.

Correct Answer
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Voluntary reporting of criminal violations reduces a company's fines under the federal sentencing guidelines.

Correct Answer
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Exam 8: Business Crime

The defendant enters his/her plea at the arraignment.

Correct AnswerverifiedShow Answer

RICO is a federal criminal statute.

Correct AnswerverifiedShow Answer

Predicate offenses under RICO include:

Correct AnswerverifiedShow Answer

Under RICO, business owners can be criminally liable for violations even though they were not directly running the business.

Correct AnswerverifiedShow Answer

Embezzlement is:

Correct AnswerverifiedShow Answer

Which of the following is not an element of the crime of embezzlement?

Correct AnswerverifiedD

The failure to give the Miranda warnings:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following would mitigate an officer's or corporation's sentence under the corporate sentencing guidelines?

Correct AnswerverifiedShow Answer

The "Know They Customer" program:

Correct AnswerverifiedShow Answer

Employee protection against retaliation for reporting activities is a critical part of crime prevention under U.S. guidelines.

Correct AnswerverifiedShow Answer

Predicate offenses under RICO are theft, burglary, and arson.

Correct AnswerverifiedFalse

Mens rea is the particular mental state required to establish a crime.

Correct AnswerverifiedShow Answer

Some crimes do not carry a mens rea requirement.

Correct AnswerverifiedShow Answer

Plea bargaining is done only before the arraignment.

Correct AnswerverifiedShow Answer

Jason Ormand was arrested on suspicion of sexual assault. The arresting officers did not give Jason his Miranda warnings. Jason confesses to the assault. The DNA evidence taken from the victim shows with 99% certainty that Jason was her attacker.

Correct AnswerverifiedB

Bernie Ebbers, the former CEO of WorldCom, on trial for securities fraud and other crimes, offered as his defense that he did not know what his officers were doing.

Correct AnswerverifiedShow Answer

Which of the following is not an element of criminal fraud?

Correct AnswerverifiedShow Answer

A preliminary hearing requires that the defendant take the stand.

Correct AnswerverifiedShow Answer

Voluntary reporting of criminal violations reduces a company's fines under the federal sentencing guidelines.

Correct AnswerverifiedShow Answer

Correct Answer
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D

Correct Answer
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False

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B

Correct Answer
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Correct Answer
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