Q&A Hero

Q: Corporate officers and directors do not owe fiduciary duties of care and loyalty to shareholders.

Q: Fiduciary duties in limited liability companies are clearly spelled out in some state statutes, while others are silent.

Q: A limited partnership is solely made up of limited partners.

Q: What are accessories before a crime and accessories after the fact?

Q: What are the guidelines developed by the sentencing commission for sentencing organizations convicted of federal crimes?

Q: What are sentencing guidelines? Discuss their use in sentencing convicts today.

Q: In the corporate form of organization, the shareholders elect the officers.

Q: Yen is almost bankrupt and decides to change the situation. He accesses his bosss laptop and extracts the companys plans for the launch of a new product. Yen sells these plans to a competitor for a huge sum of money. Discuss the crime that Yen can be prosecuted for.

Q: What is bribery?

Q: What are kickbacks?

Q: Discuss endangerment of workers as a crime.

Q: What are the remedies for acts that violate the Racketeer Influenced and Corrupt Organizations Act (RICO)?

Q: What is an exculpatory no exception?

Q: What is aiding and abetting?

Q: Explain the term larceny.

Q: Discuss embezzlement and money laundering.

Q: Ian Smith, a businessman, filed for bankruptcy. With an intention to start over, he did not reveal his estate in Fleetwood in the bankruptcy proceedings. However, the estate was discovered by the mortgage firms and was listed to be sold to reduce Ians debts. Discuss if Ian can be charged for felony in this case.

Q: What must the evidence show to prove a conspiracy?

Q: What is obstruction of justice?

Q: Discuss the provisions of fraud under the U.S. Code.

Q: Oliver steals a wallet and makes use of the identification cards in the wallet to impersonate his victim. He then makes purchases using the credit cards. Analyze the crimes that Oliver can be accused of.

Q: Discuss good faith as a defense to accusations of fraud.

Q: How can circumstantial evidence prove a conspiracy?

Q: Discuss the most common forms of identity thefts.

Q: How does the protection of the Fourth Amendment provide an expectation of privacy?

Q: Discuss the double jeopardy clause.

Q: What protections are provided by the Sixth Amendment in criminal cases?

Q: What is the difference between grand juries and petit juries?

Q: Discuss intent as an important element of criminal laws.

Q: On what basis can a court issue a search warrant to a police officer?

Q: To prove a pattern of racketeering under various specified federal statutes, the statute says that it requires at least A. two acts of racketeering in a five-year period. B. five acts of racketeering in a five-year period. C. two acts of racketeering in a ten-year period. D. five acts of racketeering in a ten-year period. E. one act of racketeering in a five-year period.

Q: If a person acts under the direction of someone accused of criminal activities, this person might be guilty of ______. A. conspiracy to commit a crime B. endangerment to others involved C. embezzlement of company funds D. aiding and abetting others E. being an accessory before the crime

Q: Rico has been trying hard to get a certain building contract for his company. He talks to the government official who is managing the building contract allotment. Rico promises the official a treat if he directs the contract to Ricos company. Rico can be found guilty of ______. A. aiding and abetting B. money laundering C. bribery D. embezzlement E. larceny

Q: To make the criminal system more just and to help ensure that similar crimes receive similar sentences, in the late 1980s a federal sentencing commission developed ______ for federal crimes. A. a statute of frauds B. a state law C. local statutes D. codes of Analytical Thinking E. sentencing guidelines

Q: What are white-collar crimes?

Q: ______ occurs when an employee appropriates funds of his employer to his own use. A. Burglary B. Robbery C. Racketeering D. Conspiracy E. Embezzlement

Q: Albert falsely reports his income obtained from betting on racehorses as income obtained from his job at Good Life Supermarket. Albert is guilty of ______. A. larceny B. embezzlement C. money laundering D. burglary E. robbery

Q: Isla, a manager at a casino, assists a group of people to rob the place by drawing a floor plan of the casino. Isla did not take part in the actual robbery. Isla could be most likely found guilty of ______. A. aiding and abetting B. money laundering C. counterfeiting D. forgery E. bankruptcy fraud

Q: ______ is defined as any act or threat involving specified state law crimes, any act indictable under various specified federal statutes, and certain federal offenses. A. Fraudulent misrepresentation B. Racketeering C. Money laundering D. Embezzlement E. Larceny

Q: ______ is the unlawful taking of personal property with the intent to deprive the rightful owner of it permanently. A. Racketeering B. Insider trading C. Larceny D. Conspiracy E. Concealment

Q: Which of the following is an example of larceny? A. A person is caught shoplifting. B. A person makes a false statement to the United States Department of Agriculture. C. A person breaks into a shop to steal but is unable to do so. D. An individual presents a false claim in a bankruptcy proceeding. E. Two people partner to rob a neighborhood store.

Q: Tom enters Kathys home through an unlatched window intending to steal a painting that she has in her bedroom. When he gets to her bedroom door, he learns that Kathy is still awake and isnt alone and leaves the house. Which of the following is true of this situation? A. Tom is guilty of conspiracy. B. Tom is guilty of robbery. C. Tom is guilty of burglary. D. Tom is guilty of nothing as he did not steal anything from the house. E. Tom is guilty of theft by deception.

Q: Thelma and Louise are out bar hopping on a Friday night. Thelma is driving to the next bar when Louise asks her to stop at a convenience store so she can make a withdrawal. Thelma thinks that Louise is using an ATM when Louise pulls out a gun from her purse and holds up the store. Louise walks out of the store without firing any shots. The police arrest both at their next bar stop. Louise is guilty of A. aiding and abetting. B. robbery. C. conspiracy. D. fraud. E. burglary.

Q: Any transaction or event knowingly committed by a conspirator in an attempt to accomplish some object of the conspiracy is called an ______. A. arson B. oblique act C. overt act D. obligatory act E. assault

Q: Any person, including the debtor, in possession of property belonging to the estate of a debtor in bankruptcy is guilty of a ______ if he or she conceals the property from the person charged with control of the property in the bankruptcy proceeding. A. misdemeanor B. misappropriation C. felony D. conspiracy E. kickback

Q: Which of the following statements is true of embezzlement? A. It is hardly committed by highly trusted employees with access to cash or to the check-writing process. B. It excludes the appropriation of funds for personal use by an employee from an employer. C. It can increase the chances of more similar frauds if cosigned checks are used. D. It is a crime easily committed when there is a lack of internal control over funds. E. It refers to making payments to a person who has facilitated a criminal transaction.

Q: Shawn files for bankruptcy. However, he does not mention his farmhouse in Farmington in the bankruptcy proceedings. The farmhouse is later discovered by the mortgage firm and included in the proceedings. Which of the following is true in this case? A. Shawn is guilty of the offense of concealment. B. Shawn can use the discovery of the estate as a defense to his concealment. C. Shawn is guilty of larceny as he did not reveal his estate during bankruptcy proceedings. D. Shawn can be found guilty of counterfeiting. E. Shawn is likely to be found not guilty since the estate was recovered and included in the proceedings.

Q: A(n) ______ is an agreement or a kind of partnership for criminal purposes in which each member becomes the agent or partner of every other member. A. embezzlement B. kickback C. referral D. conspiracy E. false statement

Q: To convict a person of a conspiracy, ______. A. a formal agreement must exist between all members B. all members must plan all details of the scheme C. one person must plan and commit the crime D. two or more people must be involved in the accomplishment of a common and unlawful plan E. the victim must prove damages suffered due to the act of two or more individuals

Q: Stealing credit card or debit card information by using a special storage device when someone is processing their card is called ______. A. phishing B. hacking C. infringing D. spamming E. skimming

Q: Rummaging through trash looking for personal information is known as ______. A. skimming B. dumpster diving C. phishing D. larceny E. racketeering

Q: In the presence of a scheme to defraud, who has the burden of proof? A. the government B. the defendant C. the judge D. the jury E. the U.S. Constitution

Q: Which of the following best defines phishing? A. It is rummaging through the trash looking for personal information. B. It is pretending to be financial institutions or companies in order to get individuals to reveal their personal information. C. It is stealing credit or debit card numbers by using a special storage device when processing a card. D. It is diverting billing statements to other locations. E. It is stealing wallets, purses, mail, credit cards, checks, tax information, and so forth.

Q: Cooper Inc. was a company that operated primarily by sending out e-mails to its customers and requesting them to invest in their firm. Many such customers who invested later found that such a company didnt exist and that the company had merely acquired all their personal information for its own use. This scenario is an example of ______. A. skimming B. dumpster diving C. phishing D. wire fraud E. hacking

Q: Which of the following statements is true of a material fact? A. It means to act knowingly and with a specific intent to deceive someone, ordinarily for bringing financial gain to oneself or causing financial loss to that person. B. It is a plan or a program designed to take from a person the tangible right of honest services. C. It is important to a reasonable person in deciding whether or not to engage in a particular transaction. D. It can be a defense to a contract and can also form the basis of a civil tort action. E. It is a statement or representation that is known to be untrue or is made with reckless indifference to its truth or falsity.

Q: In a criminal activity, which of the following refers to the payments made to a person who has facilitated a transaction? A. kickbacks B. accessories C. advance fees D. novations E. counterfeits

Q: ______ is a complete defense to fraud as it is inconsistent with the defendants intent to defraud or willfulness, purposes essential to the charges. A. Negligence B. Good faith C. Credibility D. Reasonableness E. Probable cause

Q: Which of the following is necessary to prove the intent to fraud? A. The defendant must establish beyond a reasonable doubt that there is lack of intent to defraud. B. The government has to prove actual reliance on the defendants misrepresentations. C. The government has to produce proof of damages to apply criminal liability for mail and wire fraud. D. The government must establish beyond a reasonable doubt that the defendant acted with a specific intent to defraud. E. The defendant has to prove that he or she acted in good faith and that his or her actions caused no damages to the government.

Q: ______ is a plan or program designed to take from a person the tangible right of honest services. A. Theft by deception B. A scheme to defraud C. An intent to defraud D. Fraudulent misrepresentation E. Disparagement

Q: Which of the following type of fraud combines the threat of impersonation fraud with a variation of an advance fee scheme where the recipient has the opportunity to share a percentage of millions of dollars? A. 419 fraud B. Ponzi scheme C. embezzlement D. identity fraud E. telemarketing fraud

Q: Which of the following is a type of fraud that occurs when the victim pays money to someone in anticipation of receiving something of greater value, then receives little or nothing in return? A. impersonation fraud B. telemarketing fraud C. advance fee scheme D. identity fraud E. Ponzi scheme

Q: Which of the following is an example of a Ponzi scheme? A. Ursula pays an advance of $500 to Stan Electronics for a microwave oven, which is not delivered to her as promised. B. Harry assumes his father Toms identity when swiping Toms credit card for purchases and signing the receipts. C. Jenny receives a call from a person selling mobile phones and purchases a phone by giving her financial information to the unknown caller. D. Heidi receives an e-mail which offers her an opportunity to share a percentage of millions of dollars. E. James invests his funds with Tim who promises James high returns but flees with the remainder of the money after attracting new investors.

Q: A statement or representation is ______ if it is known to be untrue or is made with reckless indifference as to its truth or falsity. A. fraudulent B. a material fact C. a felony D. a misdemeanor E. in good faith

Q: Which of the following statements is true of the Fifth Amendment? A. It excludes those individuals who are under compulsory self-incrimination. B. It protects the accused from being compelled to produce real or physical evidence. C. It allows the use of written evidence in self-incrimination cases. D. It is extremely effective against a sole proprietorship business. E. It is beyond its scope to protect an accused from being forced to testify against himself or herself.

Q: Double jeopardy means A. committing the same crime twice. B. the prohibition of trials of the same crime in state and federal courts. C. losing the trial and the appeal in the same case. D. being arrested twice for gambling. E. being tried for the same crime twice.

Q: Which of the following is true of the double jeopardy clause? A. It states that a person can be tried twice for the same offense under criminal and civil law. B. It states that a person cannot be tried twice even if the same crime violates both federal and state laws. C. It states that a federal and state governmental prosecutor cannot cooperate for one conviction. D. It states that if the factual evidence is the same, an individual can be tried twice under different sections of law. E. It allows for two trials, one in federal court and the other in a state court, if an individual violates both federal and state laws.

Q: The Fifth Amendment is best known for its protection against A. compulsory self-incrimination. B. probable cause. C. search warrants. D. nolo contendere. E. larceny.

Q: The Fifth Amendment provides in part that no person [shall] be subject for the same offense to be twice put in jeopardy of life or limb. This is known as the ______. A. exculpatory clause B. double jeopardy clause C. defendant protection clause D. specific crime clause E. double trial clause

Q: A grand jury transcript may be used at a trial to A. make additional charges. B. impeach a witness. C. substitute for testimonies of witnesses unavailable at trial. D. give a judge background and insight as to how the indictment was arrived at. E. pronounce the guilt of the accused.

Q: Which of the following terms denotes the rights that protect individuals from the power of the government, including individuals accused of crimes? A. civil liberties B. nolo contendere C. probable cause D. presumption of innocence E. novation

Q: Which of the following statements is true about the right of a police officer to search a person, automobile, or premises? A. Officers carrying out a search are usually excused from providing evidence of a crime to court to obtain search warrants. B. Officers making an arrest need a search warrant to search the immediate area around that person for weapons. C. The right to search for evidence is extended to the premises of persons who are innocent of criminal conduct. D. Building inspectors have the right to inspect for building code violations without a warrant even when the owner of the premises objects. E. A warrantless inspection of commercial premises is unconstitutional and violates the Fourth Amendment.

Q: Which of the following scenarios is an example of an irrevocable consent to a warrantless search? A. a person living in his or her apartment B. a building constructor suspected to have violated a building code C. a lawyers office D. a passenger making his or her way through an airport checkpoint E. a celebrity having a party on his or her premises

Q: Which of the following is true about making arrests in exigent circumstances? A. Police officers are required to consult lawyers and district attorneys about the criminal case. B. Police officers are to required halt any further operations of investigation and hand over the investigation to higher authorities. C. Police officers are required to withdraw from making any further arrests in a criminal case. D. Police officers are allowed to conduct a search without any search warrants. E. Police officers are not permitted to conduct any search of the premises of persons who are innocent of criminal conduct.

Q: Proper functioning of the grand jury system depends upon the A. performance of the petit jury. B. number of accused in a case. C. secrecy of the proceedings. D. date of the actual crime. E. socioeconomic status of the criminals in a case.

Q: Which of the following terms refers to the determination by a majority of the grand jury that a crime has been committed and that the evidence is sufficient to warrant the accuseds standing trial? A. probable cause B. nolo contendere C. presumption of innocence D. self-incrimination E. presumption of guilt

Q: Which of the following statements is true of a nolo contendere plea? A. It excuses a defendant from jail sentence. B. It allows the prosecutors to bring forth a civil and a criminal suit against the defendant. C. It imposes the cost of the trial on the defendant. D. It avoids criminal convictions that may provide a basis for civil suits. E. It is referred to as a plea of absolute contest.

Q: Which of the following statements is true of a grand jury? A. It requires the presence of at least 21 persons to hear evidence and vote on cases. B. It normally consists of 12 citizens who live within the jurisdiction of the court. C. It usually attempts to determine if the accused is guilty of a crime. D. It is not authorized to subpoena business records. E. It uses probable cause as the standard to obtain an indictment.

Q: Which of the following is a feature of a grand jury? A. A grand jury attempts to determine if the accused is guilty or innocent. B. A grand jury serves as an investigative body. C. A grand jury consists of sixteen citizens. D. A grand jury presents the evidence to determine the guilt of the accused. E. A grand jury consists of a group of bureaucrats and lawyers.

Q: Which of the following is an example of a white-collar crime? A. homicide B. genocide C. kickback D. manslaughter E. euthanasia

Q: The classification of crimes as felonies or misdemeanors is based on the A. location. B. prior record of the defendant. C. punishment imposed if convicted. D. judges prerogative. E. jurys indictment.