Filters
Question type

Study Flashcards

What elements are necessary to establish bribery of a public official?

Correct Answer

verifed

verified

In order to establish bribery of a publi...

View Answer

Under the Sarbanes-Oxley Act, which of the following is not true?


A) It is a felony to willfully fail to maintain proper records of audits.
B) Audit and paperwork associated with the audit must be kept for at least 5 years.
C) Punishment can be up to 10 years imprisonment if audit paperwork is not kept for 5 years.
D) The punishment for securities fraud has been increased to 25 years.
E) If found in violation of securities fraud a person can be imprisoned for life.

F) A) and B)
G) A) and E)

Correct Answer

verifed

verified

[Camping profits] Eva is the vice president at Big Chain Camping Goods Store. She learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Chain Camping Goods will rise dramatically at that point. Eva immediately buys a number of shares of her company's stock. She also tells her friend Claire about the expected purchase of stores. Claire wants to purchase stock in the company but lacks the funds with which to do so. Although she did not have the funds in Bank A, Claire decides to draw a check on Bank A and deposit the check in Bank B and then proceeds to write a check on Bank B to cover the purchase of the stock. Claire hopes that she would have sufficient funds to deposit before the check is presented for payment. -By her method of payment, Claire is guilty of which offense?


A) Ponzi scheme
B) Insider-trading scheming
C) Pretexting
D) Check defalcation
E) Check kiting

F) All of the above
G) A) and E)

Correct Answer

verifed

verified

Of which of the following must a defendant be informed before questioning?


A) That the defendant must answer questions, or there will be a presumption of guilt at trial.
B) That statements made to law enforcement before arraignment may not be used against the defendant in court.
C) That the defendant has the right to consult an attorney before speaking to the police.
D) That unless the defendant can afford an attorney, the defendant will not have an attorney.
E) That the right to an attorney does not begin until after the defendant is arraigned.

F) B) and D)
G) A) and B)

Correct Answer

verifed

verified

Discuss the four alternative ways, in addition to fines, to punish white-collar criminals discussed in the text. Discuss the pros and cons of each.

Correct Answer

verifed

verified

The four alternative ways, in addition t...

View Answer

The term ________ or "guilty act" is used to describe the wrongful behavior in a criminal action.


A) actus reus
B) mens rea
C) criminal actus
D) locos actus
E) carpe diem

F) A) and E)
G) B) and C)

Correct Answer

verifed

verified

Which of the following is true regarding the manner in which the exclusionary rule is derived from the U.S. Constitution?


A) It is specifically set forth in the Fourth Amendment.
B) It is specifically set forth in the Fifth Amendment.
C) It is specifically set forth in the Sixth Amendment.
D) It is specifically set forth in the Eighth Amendment.
E) No section of the U.S. Constitution specifically states the provisions of the exclusionary rule.

F) B) and D)
G) None of the above

Correct Answer

verifed

verified

Which of the following is an example of the imposition of strict liability?


A) A robber pulls a gun to rob a bank teller.
B) A burglar breaks into a home to steal jewelry.
C) A business sells cigarettes to a minor.
D) A minor shoplifts in a department store.
E) An adult shoplifts in a department store.

F) A) and C)
G) None of the above

Correct Answer

verifed

verified

Crimes that are less serious and are punishable by fines or imprisonment of less than one year are considered to be ________.


A) petty offenses
B) felonies
C) juvenile petty offenses
D) tort offenses
E) misdemeanors

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

Correct Answer

verifed

verified

Corporations cannot be held criminally accountable for strict-liability offenses under current law.

A) True
B) False

Correct Answer

verifed

verified

[Party Business, Inc.] Lila, who is the president of Party Business, Inc., tells Isaiah that buying stock in Party Business, Inc. right now is a good idea. Isaiah is only casually acquainted with Lila and does not know that she is an officer of the corporation. He, however, acting on her information which he believes to be public knowledge, investigates the company somewhat and proceeds to buy some stock. Both Lila and Isaiah are charged with insider trading. -If Isaiah claims he was acting on Lila's information which he believed to be public knowledge, which defense could he claim?


A) Duress.
B) Entrapment.
C) Mistake-of-fact.
D) The Fifth Amendment.
E) Nolo contendere.

F) B) and C)
G) None of the above

Correct Answer

verifed

verified

[Party Business, Inc.] Lila, who is the president of Party Business, Inc., tells Isaiah that buying stock in Party Business, Inc. right now is a good idea. Isaiah is only casually acquainted with Lila and does not know that she is an officer of the corporation. He, however, acting on her information which he believes to be public knowledge, investigates the company somewhat and proceeds to buy some stock. Both Lila and Isaiah are charged with insider trading. -After trial, the jury found the prosecution had met its burden of proof by a preponderance of the evidence. Did the jury apply the correct standard of proof?


A) Yes, in a criminal trial, the prosecutor must persuade the jury by a preponderance of the evidence that the defendant committed the crime.
B) Yes, because the jury is the proper finder of fact in a criminal trial.
C) No, because the judge is the proper finder of fact in a criminal trial.
D) No, in a criminal trial, the prosecutor must persuade the jury beyond reasonable doubt that the defendant committed the crime.
E) No, in a criminal trial, the judge must find a preponderance of evidence against the defendant.

F) A) and B)
G) A) and C)

Correct Answer

verifed

verified

White-collar crimes are often committed by employees against a business.

A) True
B) False

Correct Answer

verifed

verified

Which of the following is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession?


A) Robbery
B) White-collar burglary
C) Larceny
D) Arson
E) Criminal fraud

F) B) and D)
G) A) and B)

Correct Answer

verifed

verified

Explain the type of conduct generally referenced by the term "criminal fraud" and list the three elements generally involved in establishing criminal fraud.

Correct Answer

verifed

verified

Criminal fraud encompasses a variety of ...

View Answer

The misappropriation of trust funds or money held in a fiduciary capacity is which of the following?


A) False entries
B) Defalcation
C) False pretenses
D) Ponzi scheme
E) Pretexting

F) A) and B)
G) D) and E)

Correct Answer

verifed

verified

The ________ specifically provides the right to a speedy and public trial.


A) First Amendment
B) Fourth Amendment
C) Sixth Amendment
D) Due Process Clause
E) arrest warrant

F) C) and E)
G) All of the above

Correct Answer

verifed

verified

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


A) False representation of a material fact
B) The representation was meant to deceive
C) There was reasonable reliance on the false representation
D) There must be damages
E) The damages must be $500 or greater

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

Correct Answer

verifed

verified

Penny and Theodore comprise a scheme whereby Penny will send information to Theodore in regards to the moves her telecommunications company is making when she learns about it in their company's internal strategy meeting so he can make a better stock trade. This is known as ________.


A) insider trading
B) cramming
C) embezzlement
D) false token
E) check kiting

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

Correct Answer

verifed

verified

Which of the following requires a "pattern"?


A) The Racketeer Influenced and Corrupt Organizations Act.
B) The False Claims Act.
C) The Sarbanes-Oxley Act of 2002.
D) The crime of false pretenses.
E) The crime of false token.

F) A) and E)
G) A) and C)

Correct Answer

verifed

verified

Showing 21 - 40 of 90

Related Exams

Show Answer