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Exam 6: Criminal Law and Business

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Question 21

True/False

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White-collar crimes are nonviolent acts against society that occur most frequently in the non-business content.

A) True
B) False

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Question 22

Multiple Choice

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Cosmetic Profits.Sally is the executive vice president of Big Name Cosmetics Company.Through important and material,nonpublic information,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?

A) She is guilty of an insider trading violation by tipping the information.
B) She is guilty of an insider trading violation by being tipped.
C) She is guilty of an insider trading violation by both tipping and being tipped.
D) She is guilty of criminal extortion.
E) She is not guilty of any offense.

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

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Question 23

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

The burden of proof in a civil case is much higher than the burden of proof in a criminal case.

A written document called a(n) ________ is a formal accusation stating the facts and specifying the violation of criminal law.

Which of the following is a false document or sign of existence used to perpetrate fraud,such as making counterfeit money?

Extortion is also known as:

If you sign your mother's name to a check made out to her,you may have committed forgery.

If a defendant enters a nolo contendere plea,he or she does not admit guilt but agrees to the charges.

A hacker who tries to shut down the New York Stock Exchange will be charged with:

Sam,a new police officer,was criticized by his supervisor for failing to make a sufficient number of arrests.Sam went into a section of town known for criminal activity,picked up several suspicious-looking individuals,read them their Miranda rights,and arrested them hoping that they would confess to something.Alice,one of the detainees,was scared; hoping to cut a deal,she immediately confessed to burglarizing a local pawnshop.Which of the following is Alice's best defense at trial?

Strict liability is:

A corporate executive cannot be held criminally liable if he or she did not know about the company's criminal violation.

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?

Masked Bandit.Barry,who owned a small convenience store,was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him.As the bandit ran out of the store,Barry grabbed his own gun and shot the bandit in the leg.When the police arrived,Barry was arrested along with the thief.Barry claimed that no charges should be brought against him because his action in shooting the robber was justified.After the arrest,the officers searched his store and found marijuana.When Barry complained about the arrest and search,the officer in charge told him that because the state police were involved,federal constitutional rights were waived.Barry is trying to obtain legal representation in an attempt to get out of jail,but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police.Sam,another inmate,asks Barry if the officers explained his rights to him; but Barry only recalls being arrested,hustled into the police cruiser,and whisked off to jail.Which of the following is true regarding Barry's right to counsel?

Grand juries determine guilt.

Which of the following is an incorrect statement regarding computer crimes?

For a corporation to be held criminally liable for the acts of an employee,the prosecutor does not have to prove that:

Divorce Fallout.Following a messy divorce,Dr.Fred has encountered significant financial difficulties.Dr.Fred has a friend named Slick Slim who tells Dr.Fred 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.Slick Slim tells Dr.Fred that,although the device does not really work,people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes.Slick Slim tells Dr.Fred that he will pay Dr.Fred five dollars for every band that Dr.Fred can sell to his patients.Dr.Fred 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.Fred 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.Fred is able to 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 some criminal prosecution.By mailing correspondence to patients encouraging purchase of the band,which of the following offenses,if any,did Dr.Fred commit?

The purpose of criminal law is to punish an offender for causing harm to public health,safety,or morals.