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Exam 7: Crime and the Business Community

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Question 21

Multiple Choice

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Which of the following is a person who illegally accesses or enters another person's or a company's computer system to obtain information or to steal money?

A) Backer
B) Reacher
C) Hacker
D) Trespasser
E) Illicit user

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

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Question 22

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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?

A) The exclusionary rule.
B) The Fourth Amendment Rule.
C) The Eden Rule.
D) The Adam Rule.
E) The Eve Rule.

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

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Question 23

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"Cosmetic profits." Sally is the vice president at Big Name Cosmetics Company. 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 what offense, if any, is Alice guilty of by her method of payment?

China punishes embezzlement and bank fraud less severely than the U.S.

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

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

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?

"Green Gold." Martin owned a factory in which he manufactured furniture. Martin 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 and by putting the marijuana in drawers, etc. Law enforcement became suspicious and unexpectedly burst into the building without a warrant, discovering the marijuana. Martin asked the agent in charge about the lack of a warrant. The agent told him that Fourth Amendment protections did not extend to businesses. Martin was charged with growing marijuana. Martin refused to testify at trial. At his trial, however, the judge excluded any evidence obtained from the search, and Martin was declared not guilty because there was no evidence against him. The agent was very angry and arrested Martin immediately for the same offense as he was walking down the courthouse steps from the first trial. The agent tells Martin that he should be tried again because the judge was incorrect. Martin is placed in a holding cell and immediately calls his attorney in an attempt to get out of jail free. -Upon which of the following defenses would Martin's lawyer rely upon in regards to the second charge after Martin was found not guilty?

Which of the following is the making of threats for the purpose of obtaining money or property?

By broadening the scope of actions covered and the definition of a public official, Congress amended the Foreign Corrupt Practices Act to conform to the antibribery convention adopted by the Organization for Economic Cooperation and Development.

Under the common law, a corporation could not be considered a criminal because it was not an actual person and, thus, did not have a mind.

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

Strict liability is a term used to describe which of the following?

"Cosmetic profits." Sally is the vice president at Big Name Cosmetics Company. 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 offenses, if any, is Alice guilty of by buying stock?

In which of the following involves tricking consumers into changing their phone service to another carrier without their consent?

Which of the following are considered infants under the law in regards to criminal activity?

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

Divorce fallout." Dr. Fred, following a messy divorce, 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. Slick says the wristband sells like hotcakes. Slick also 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?

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

List and discuss the three tests discussed in the text used for determining the viability of the insanity defense.