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Exam 7: Crime and the Business Community

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Question 1

Multiple Choice

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Which of the following serves to combat bribery of foreign officials?

A) The Foreign Official Bribery Act
B) The International Bribery Prohibition Act
C) The Fair Business Act
D) The International Fair Business Practices Act
E) The Foreign Corrupt Practices Act

F) A) and D)
G) C) and D)

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E

Question 2

Multiple Choice

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Which of the following is true regarding corporate executives being held personally liable for business crime under the "responsible corporate officer" doctrine?

A) A corporate executive may never be held personally liable for a business crime.
B) Corporate executives may only be held personally liable for a business crime if they benefited personally from their actions in executing the business crime.
C) Corporate executives may be found personally liable for a business crime even if they did not engage in, direct, or know about a specific criminal violation.
D) A court may not assess criminal liability on a corporate executive unless the executive directly engaged in the specific criminal violation.
E) Criminal liability may not be assessed against a corporate executive unless the executive directly engaged in the criminal activity and also profited directly and personally from the criminal activity.

F) D) and E)
G) C) and D)

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Question 3

Multiple Choice

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"Cosmetic profits." Sally is the vice president at Big Name Cosmetics Company. She learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She hoped that she would have sufficient funds to deposit before the check was presented for payment. -Which offense is Sally guilty of, if any, in purchasing stock of her company?

"Green Gold." Martin owned a factory in which he manufactured furniture. Martin had some extra space in the factory and decided to use heat lamps to grow marijuana. He smuggled the marijuana into the hands of dealers by hollowing out the furniture and placing the marijuana inside and by putting the marijuana in drawers, etc. Law enforcement became suspicious and unexpectedly burst into the building without a warrant, discovering the marijuana. Martin asked the agent in charge about the lack of a warrant. The agent told him that Fourth Amendment protections did not extend to businesses. Martin was charged with growing marijuana. Martin refused to testify at trial. At his trial, however, the judge excluded any evidence obtained from the search, and Martin was declared not guilty because there was no evidence against him. The agent was very angry and arrested Martin immediately for the same offense as he was walking down the courthouse steps from the first trial. The agent tells Martin that he should be tried again because the judge was incorrect. Martin is placed in a holding cell and immediately calls his attorney in an attempt to get out of jail free. -Upon which amendment did Martin rely in refusing to testify at trial?

Under current law, corporations cannot be held criminally accountable for strict-liability offenses.

Under the Sarbanes-Oxley Act, it is now a felony to willfully fail to maintain proper records of audits and work papers for at least ______ years.

"Green Gold." Martin owned a factory in which he manufactured furniture. Martin had some extra space in the factory and decided to use heat lamps to grow marijuana. He smuggled the marijuana into the hands of dealers by hollowing out the furniture and placing the marijuana inside and by putting the marijuana in drawers, etc. Law enforcement became suspicious and unexpectedly burst into the building without a warrant, discovering the marijuana. Martin asked the agent in charge about the lack of a warrant. The agent told him that Fourth Amendment protections did not extend to businesses. Martin was charged with growing marijuana. Martin refused to testify at trial. At his trial, however, the judge excluded any evidence obtained from the search, and Martin was declared not guilty because there was no evidence against him. The agent was very angry and arrested Martin immediately for the same offense as he was walking down the courthouse steps from the first trial. The agent tells Martin that he should be tried again because the judge was incorrect. Martin is placed in a holding cell and immediately calls his attorney in an attempt to get out of jail free. -Which of the following is correct regarding Fourth Amendment protections for businesses and the necessity of a search warrant prior to a search of a business?

Which of the following is the term that describes wrongful behavior in a criminal action?

Which of the following is a term describing the wrongful state of mind needed for a criminal action?

Ed goes door-to-door selling magazine subscriptions. Ed knows, however, that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines. Which of the following offenses, if any, has he committed?

Under the Sarbanes-Oxley Act, which of the following is true regarding the destruction of documents in a federal bankruptcy investigation?

Assuming the requisite elements are proven, which of the following is a defense when it is established that a crime is committed because the person committing the act was threatened with immediate bodily harm or loss of life unless the offense was committed?

Which of the following allows a defendant to be found not guilty by reason of insanity if he or she did not understand the nature of the act?

"Cosmetic profits." Sally is the vice president at Big Name Cosmetics Company. She learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She hoped that she would have sufficient funds to deposit before the check was presented for payment. -Of which of the following, if any, is Sally guilty of by providing information to Alice regarding the purchase?

Mail fraud is a federal crime.

Which of the following is the forceful and unlawful taking of personal property?

Which of the following was created specifically to combat white-collar crime?

Under our criminal laws that exist today, white-collar crime is not punishable by imprisonment.

Which of the following includes destruction of a building using an explosive device?

Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?