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Exam 7: Crime and the Business Community

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Question 31

True/False

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Because of double jeopardy, a person found not guilty of a criminal offense cannot also face a civil charge for the same alleged actions.

A) True
B) False

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Question 32

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In the U.S. Supreme Court case of Miranda v. Arizona, the court established what?

A) The right of a defendant to a 24-hour break from interrogation
B) The right of the state to question the witness continually for 24 hours
C) The right of a person to remain silent when being questioned until they are brought to trial
D) The right to be represented by an attorney paid for by the state.
E) The right of a person to remain silent and the right to an attorney

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

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Question 33

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[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 purchasing stock in her company, Eva is guilty of which offense?

[Divorce fallout] Dr. Eli, following a messy divorce, has encountered significant financial difficulties. Dr. Eli has a friend named Shady Sam who tells Dr. Eli that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Shady Sam tells Dr. Eli that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything. Shady says the wristband sells like hotcakes. Shady also tells Dr. Eli that he will pay Dr. Eli five dollars for every band that Dr. Eli can sell to his patients. Dr. Eli proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Eli then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Eli can entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing criminal prosecution. -Which of the following offenses, if any, did Dr. Eli commit by mailing correspondence to patients encouraging purchase of the band?

Greg found out that Louise was using company funds to pay off gambling debts. Greg confronted Louise and was threatened by Louise that if he did not help him continue to skim company funds, he would have his friends "take care of Greg and his pretty little family" and showed him a gun. Once Louise is caught and charged with a crime, he also implicated Greg. Greg could claim which defense to his unwillingness to participate in the criminal activity?

Bank teller Hugo receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Hugo puts it into his pocket. Which of the following offenses has he committed?

[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 providing information to Claire regarding the purchase, Eva is guilty of which offense, if any?

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?

At trial a defense lawyer states that evidence should not be admitted because it is "fruit of the poisonous tree." Upon which of the following is the attorney relying?

Using fraudulent means to obtain information about someone's phone use is which of the following?

[Wild Music] Delilah worked as a receptionist for Wild Music, a talent agency with many celebrity clients. Delilah also had her own business selling high-end skin care products, which she ran out of her studio apartment. She often contacted skin care clients through her work e-mail, as it was very convenient to search through Wild Music's confidential client list to generate bulk e-mails. -Under what theory, if any, could the president of Wild Music be held liable for Delilah's actions?

Trevor goes door-to-door selling magazine subscriptions. Trevor 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?

[Divorce fallout] Dr. Eli, following a messy divorce, has encountered significant financial difficulties. Dr. Eli has a friend named Shady Sam who tells Dr. Eli that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Shady Sam tells Dr. Eli that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything. Shady says the wristband sells like hotcakes. Shady also tells Dr. Eli that he will pay Dr. Eli five dollars for every band that Dr. Eli can sell to his patients. Dr. Eli proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Eli then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Eli can entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing criminal prosecution. -By using UPS to send correspondence and samples of the bands to patients, Dr. Eli committed which of the following offenses, if any?

What was the result in the case of U.S. v. Park, the case in which the defendant, the president of a national food-chain corporation, claimed he should not be held liable for allowing food in a warehouse to be exposed to rodent contamination because he had delegated responsibility to subordinates?

Geromy sends a letter to Melinda seeking money for his dying child. Geromy has no dying child and intends to use the money for personal pleasure. This is an example of ________.

Most states define larceny as stealing the property of another and converting it to your own personal use.

[Green Gold] Miles owned a factory in which he manufactured furniture. Miles 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. Law enforcement became suspicious and unexpectedly burst into the building without a warrant, discovering the marijuana. Miles asked the agent in charge about the lack of a warrant. The agent told him that Fourth Amendment protections did not extend to businesses. Miles was charged with growing marijuana. Miles refused to testify at trial. At his trial, however, the judge excluded any evidence obtained from the search, and Miles was declared not guilty because there was no evidence against him. The agent was very angry and arrested Miles immediately for the same offense as he was walking down the courthouse steps from the first trial. The agent tells Miles that he should be tried again because the judge was incorrect. Miles is placed in a holding cell and immediately calls his attorney in an attempt to get out of jail free. -The difference between robbery and burglary is:

In order to demonstrate a claim under the Racketeer Influenced and Corrupt Organizations (RICO) Act, one must show proof of more than one wrongful act.

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

[Wild Music] Delilah worked as a receptionist for Wild Music, a talent agency with many celebrity clients. Delilah also had her own business selling high-end skin care products, which she ran out of her studio apartment. She often contacted skin care clients through her work e-mail, as it was very convenient to search through Wild Music's confidential client list to generate bulk e-mails. -What crime, if any, has Delilah committed?