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Exam 7: Crime and the Business Community

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Question 1

Multiple Choice

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

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

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C

Question 2

Multiple Choice

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

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

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Question 3

Multiple Choice

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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 ________.

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.

Which of the following holds that a person may be deemed not guilty by reason of insanity, even if he or she knew that a criminal act was wrong, as long as the defendant was driven to commit the crime from some urge resulting from a mental deficiency the defendant could not resist?

[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. -Becky has been paid by a group of business people to hack into a competitor's computer in order to create a network shutdown during the huge Christmas buying season. Becky would be considered what?

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

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

Which of the following serves to combat bribery of foreign officials?

Pauline, the president of Business Corp, falsified documents to make it appear as if she had been granted stock options on certain dates, and she selected the dates after the fact, picking dates on which the stock price was low. Which of the following offenses, if any, did she commit?

Government inspectors may enter a business to conduct an inspection without a warrant if the industry is highly regulated such as food or firearms.

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

In order for a person to use the insanity defense in a criminal suit, a person must prove that their mental state was so impaired that they ________.

Because of the major accounting and fraud scandals in the early 2000s against major business such as Enron, WorldCom, Global Crossing, and Arthur Andersen, which of the following federal legislative actions was passed?

Embezzlement is distinguished from larceny because the embezzler does not take the property from another and is already in possession of the property.

Which of the following is true regarding corporate executives being held personally liable for business crime under the "responsible corporate officer" doctrine?

Tricking consumers into changing their phone service to another carrier without their consent is known as which of the following?

Certain types of crimes, such as violations of regulatory statutes, allow punishment without the proof of a guilty mind. This is known as ________.

Which of the following is true in regards to the Fourth Amendment's protections for individuals?

What does the term "white-collar crime" mean and how is it distinguished from other crimes? What crimes are considered white-collar crimes?