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


A) The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of life imprisonment.
B) The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 364 days in jail.
C) The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 5 years in jail.
D) The destruction of documents in a federal bankruptcy investigation is a misdemeanor with possible sentences of up to 364 days in jail.
E) The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 20 years in jail.

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

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A defendant who argues that commission of a crime was necessary to prevent a more severe crime from occurring is relying upon the defense of .


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

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

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Which of the following is true regarding an arrest without a warrant?


A) A law enforcement officer may not arrest a suspect without a warrant even if the officer believes there is probable cause but insufficient time to obtain a warrant.
B) A law enforcement agent can arrest a suspect without a warrant only if a felony is involved.
C) A law enforcement agent can arrest a suspect without a warrant if the officer believes there is probable cause but not enough time to obtain a warrant.
D) A law enforcement officer can arrest a suspect without a warrant only if a violent crime is involved.
E) A law enforcement officer can arrest a suspect without a warrant only if the suspect is a repeat offender.

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

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List and discuss the four activities referenced in the text that may constitute a violation of the Racketeer Influenced and Corrupt Organizations Act RICO).

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The statute makes it a federal crime to ...

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Which of the following is punishable by imprisonment for more than one year or death?


A) Petty offenses.
B) Tort offenses.
C) Misdemeanor.
D) Felony.
E) Any business related crime.

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

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Which of the following occurs when someone unlawfully enters a building with the intent to commit a felony?


A) Arson
B) Burglary
C) Larceny
D) Criminal fraud
E) Robbery

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

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In refusing to testify at trial,Miles relied upon which amendment?


A) The Third Amendment.
B) The Fourth Amendment.
C) The Second Amendment.
D) The Fifth Amendment.
E) The Sixth Amendment.

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

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In Berghuis v.Thompkins,the majority of the U.S.Supreme Court ruled that absent an explicit invocation of the right to remain silent,police may continue to interrogate a suspect,and what the suspect says may be used against him in court.

A) True
B) False

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By which of Dr.Eli's actions,if any,did he commit health care fraud?


A) By submitting false claims to Medicare,by receiving kick-backs from Shady Sam,and also by merely listening to what Shady Sam had to say.
B) By the receipt of kick-backs from Shady Sam only.
C) Dr.Eli did not commit any acts of healthcare fraud.
D) By the submission of false claims to Medicare and also by the receipt of kick-backs from Shady Sam.
E) By the submission of false claims to Medicare only.

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

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

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

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Which amendment provides the right to a speedy and public trial?


A) The Sixth Amendment.
B) The Third Amendment.
C) The Fifth Amendment.
D) The Second Amendment.
E) The Fourth Amendment.

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

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Which of the following is described as strict liability?


A) Actus reus.
B) Negligence.
C) Liability without fault.
D) Recklessness.
E) Intentional wrongdoing.

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

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Which of the following requires a "pattern"?


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

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

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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?


A) Ponzi scheme
B) False pretenses
C) Defalcation
D) False entry
E) False token

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

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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) Corporate executives may only be held personally liable for a business crime if they benefited personally from their actions in executing the business crime.
B) A corporate executive may never be held personally liable for a business crime.
C) 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.
D) 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.
E) A court may not assess criminal liability on a corporate executive unless the executive directly engaged in the specific criminal violation.

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

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Which of the following is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist?


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

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

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Which of the following is generally a legitimate defense to a charge of a crime?


A) Mistake of actus reus
B) Mistake of felony
C) Vicarious liability
D) Mistake of fact
E) Mistake of law

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

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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?


A) Insider misappropriation
B) Extortion
C) She is guilty of no offense
D) Insider trading
E) Tipping

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

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Less serious crimes punishable by fines or imprisonment of less than one year are which of the following?


A) Misdemeanors.
B) Tort offenses.
C) Any business related crime.
D) Petty offenses.
E) Felonies.

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

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


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

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

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