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When do mailings sent to facilitate concealment of a fraudulent scheme - to avoid detection,prosecution or conviction - fall within the federal mail fraud statute?


A) As long as the mailings are sent via U.S.mail,it is irrelevant when they are sent.
B) When they are sent before the scheme is completed.
C) As long as the mailings are sent via U.S.mail,UPS or FedEx,it is irrelevant when they are sent.
D) When they are sent after the scheme is completed.
E) When they are sent in conjunction with the scheme.

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

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B

White-collar crime is not punishable by imprisonment under our existing criminal laws.

A) True
B) False

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


A) Stare decisis.
B) Res judicta.
C) Actus reus.
D) Carpe diem.
E) Mens rea.

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

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[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?


A) Larceny
B) Cyber Terrorism
C) Hacking
D) Extortion
E) Theft of company assets

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

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Carla learns that her employer,a healthcare facility,is committing fraud against the government by filing false Medicare claims.Under which of the following might she obtain a portion of any recovery obtained by the government?


A) The Sarbanes-Oxley Act of 2002.
B) The False Claims Act.
C) The Medicare Recovery Act.
D) The Healthcare Fraud Act.
E) RICO.

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

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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?


A) Justifiable use of force.
B) Duress.
C) Inescapable action.
D) Necessity.
E) Entrapment.

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

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B

[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. -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?


A) The protections of the Fourth Amendment are extended to businesses only if the businesses involve highly regulated industries.
B) The protections of the Fourth Amendment are extended to businesses only if the businesses are sole proprietorships.
C) The protections of the Fourth Amendment are extended to businesses although at times no warrant is necessary to search highly regulated industries.
D) The protections of the Fourth Amendment are not extended to businesses.
E) The protections of the Fourth Amendment are extended to businesses,and warrants are necessary for any searches.

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

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When insanity is claimed,the test used to establish one's mental state is the same regardless of the jurisdiction involved.

A) True
B) False

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Wild Music's confidential client lists also contain financial and credit information for their clients.Delilah e-mails the client list to her home e-mail so that she can analyze and sell information about her clients' spending habits.Delilah's actions could constitute a violation of what law?


A) The Foreign Corrupt Practices Act
B) RICO
C) The M'Naghten Rule
D) The Mail Fraud Act
E) The Computer Fraud and Abuse Act

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

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E

Mail fraud is a federal crime.

A) True
B) False

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A judge reports that a jury was "hung".What does the judge mean?


A) That the jury could not reach a verdict.
B) That the jury had waited an excessive amount of time before retiring for the evening.
C) That the jury wanted to hang the prosecutor for unjustly charging the defendant.
D) That the jury wanted to hang the defendant by imposing a heavy sentence.
E) That the jury had waited an excessive amount of time before reaching a verdict.

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

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By her method of payment,Claire is guilty of which offense?


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

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

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


A) The False Claims Act.
B) The Sarbanes-Oxley Act.
C) RICO.
D) Section 1983.
E) Section 1984.

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

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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.


A) 2
B) 4
C) 3
D) 6
E) 5

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

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Ordinarily,a law enforcement agent must demonstrate that there is that a suspect committed or is planning to commit a crime in order to obtain an arrest warrant.


A) Probable cause
B) Likely cause
C) Suspected cause
D) Certainty
E) Information

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

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


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

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

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


A) Larceny
B) Criminal fraud
C) Arson
D) Extortion
E) Embezzlement

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

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Which of the following is true regarding the Fourteenth Amendment?


A) It is not a part of the Bill of Rights and it extends federal guarantee of due process and most constitutional protections to all states.
B) It is a part of the Bill of Rights,and its protections apply only at the federal level.
C) Its safeguards only apply at the federal level.
D) It is a part of the Bill of Rights,its protections apply at the federal level,and its protections also apply at the state level.
E) It is part of the Bill of Rights.

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

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By buying stock,Claire is guilty of which offense,if any?


A) She is guilty of larceny.
B) She is not guilty of any offense.
C) She is guilty of insider trading because she tipped information.
D) She is guilty of extortion.
E) She is guilty of an insider-trading violation because she traded on tipped information.

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

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When a defendant makes a first appearance,which of the following occurs?


A) A magistrate determines whether there was probable cause for the arrest.
B) A magistrate determines whether the defendant was properly arraigned but not whether the defendant was properly booked.
C) A magistrate determines whether the defendant was properly booked but not whether the defendant was properly arraigned.
D) A magistrate determines whether there was proof beyond a reasonable doubt for the arrest.
E) A magistrate determines whether the defendant was properly booked and also whether the defendant was properly arraigned.

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

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