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Home » Law » Page 268

Law

Q: Reports that businesses, banks, and financial institutions are required to file for cash transactions of more than $10,000 are called .

Q: A fraudulent scheme that uses interstate or international wire or other electronic communications is called .

Q: A fraudulent scheme, no matter its purpose or method, that uses either private or public delivery service is called

Q: The program provides new identities and relocation for witnesses and their families in both state and federal criminal prosecutions of organized crime.

Q: States have laws similar to federal RICO laws, commonly known as .

Q: The acronym CTR stands for currency reports.

Q: Federal court rules make prosecution in federal courts advantageous.

Q: The federal statute, known as the Act, permits prosecution under that act if the extortion can be shown to interfere with interstate commerce.

Q: The Act can be used to prosecute those involved in criminal activities that cross state borders or involve foreign commerce.

Q: Proceeds for purpose of the money statutes means profits gained from unlawful activities.

Q: Witness is a crime whether the witness plans to testify in a criminal trial or a civil trial.

Q: Federal jurisdiction is possible under RICO if the underlying acts affect commerce.

Q: Money can be by buying cash or bearer instruments.

Q: Most courts now hold that any effect on commerce satisfies the RICO jurisdictional requirement

Q: A RICO conviction requires proof that an enterprise existed that engaged in activity.

Q: Joe works in the mayor's office as a tax assessor. He hears and decides on the validity of claims by homeowners seeking to lower their tax assessment. Joe tells one such homeowner that the only way to get a tax break is to pay a "filing fee" directly to Joe. Joe also sends out phony filing fee forms to dozens of other homeowners, and when one homeowner threatens to go to the mayor, Joe growls that would be an "unhealthy" idea. The veiled threat against the one homeowner whose decision to inform the major would be an "unhealthy" one for him, would bring charges against Joe. a. extortion b. bribery c. kickback d. honest services fraud

Q: Joe works in the mayor's office as a tax assessor. He hears and decides on the validity of claims by homeowners seeking to lower their tax assessment. Joe tells one such homeowner that the only way to get a tax break is to pay a "filing fee" directly to Joe. Joe also sends out phony filing fee forms to dozens of other homeowners, and when one homeowner threatens to go to the mayor, Joe growls that would be an "unhealthy" idea.Joe, based on the information in the preface, would have violated thea. Hobbs Act b. RICO Actc. Travel Actd. Hatch Act

Q: Joe works in the mayor's office as a tax assessor. He hears and decides on the validity of claims by homeowners seeking to lower their tax assessment. Joe tells one such homeowner that the only way to get a tax break is to pay a "filing fee" directly to Joe. Joe also sends out phony filing fee forms to dozens of other homeowners, and when one homeowner threatens to go to the mayor, Joe growls that would be an "unhealthy" idea. Of the several crimes committed by Joe, he would be guilty of mail fraud because he a. sent phony filing fee bills through the mail b. bank fraud because he deposited his ill-begotten gains in a bank c. wire fraud because he laundered his money d. interstate fraud because he crossed over state lines when committing his crimes

Q: The money earned from Enrique's illegal drug cartel numbers in the millions, but the problem is what to do with the money. Enrique would like to put it someplace safe, but his pillow case is stuffed full. He begins to purchase expensive luxury items, structuring his payments below $10,000. He takes some of the other money and opens accounts below $10,000, routing the cash through cooperative banks until he can withdraw it freely. Structured payments would apply to which instance? a. the purchase of the luxury items b. the opening up of bank accounts under $10,000 c. the movement of money from one bank to another d. the gifts to friends and family

Q: The money earned from Enrique's illegal drug cartel numbers in the millions, but the problem is what to do with the money. Enrique would like to put it someplace safe, but his pillow case is stuffed full. He begins to purchase expensive luxury items, structuring his payments below $10,000. He takes some of the other money and opens accounts below $10,000, routing the cash through cooperative banks until he can withdraw it freely. Enrique would also be guilty of what other crime? a. money laundering b. asset laundering c. tax laundering d. honest services fraud

Q: The money earned from Enrique's illegal drug cartel numbers in the millions, but the problem is what to do with the money. Enrique would like to put it someplace safe, but his pillow case is stuffed full. He begins to purchase expensive luxury items, structuring his payments below $10,000. He takes some of the other money and opens accounts below $10,000, routing the cash through cooperative banks until he can withdraw it freely. Given the description in the preface, Enrique would be guilty of what crime? a. smurfing b. rigging c. currency transaction fraud d. mail fraud

Q: Richie is a leader in organized crime and unbeknownst to him his accountant has been working with federal investigators in exposing the crime syndicate's illegal activities. Davey the accountant turns over the last bit of information needed to bring federal racketeering charges against Richie, who is arrested the same day Davey disappears. The federal government, out of concern for Davey and his family, place them in a a. witness outreach program b. witness appreciation program c. witness protection program d. witness trust program

Q: Richie is a leader in organized crime and unbeknownst to him his accountant has been working with federal investigators in exposing the crime syndicate's illegal activities. Davey the accountant turns over the last bit of information needed to bring federal racketeering charges against Richie, who is arrested the same day Davey disappears. Richie offers Davey a deal. in exchange for Davey's silence, Richie won't kill his family. This threat is an example of a. witness outreach b. witness appreciation c. witness tampering d. witness intimidation

Q: Richie is a leader in organized crime and unbeknownst to him his accountant has been working with federal investigators in exposing the crime syndicate's illegal activities. Davey the accountant turns over the last bit of information needed to bring federal racketeering charges against Richie, who is arrested the same day Davey disappears. The CCE Statute enabled prosecutors to a. charge businesses and others whose actions assisted Richie's illegal enterprise b. protect witnesses who will testify against Richie c. charge Riche with tax evasion d. to seize all assets that crossed state lines

Q: Richie is a leader in organized crime and unbeknownst to him his accountant has been working with federal investigators in exposing the crime syndicate's illegal activities. Davey the accountant turns over the last bit of information needed to bring federal racketeering charges against Richie, who is arrested the same day Davey disappears.Richie claims he's an innocent businessman, and that racketeering charges are unwarranted because hea. is not part of a continuing criminal enterpriseb. has does not have any previous arrests c. has not invested illegally obtained funds d. is not a member of the Mafia

Q: Transactions that are purposely under the reporting minimum, for the purpose of evading a financial institution's reporting requirement, is calleda. businesses transaction b. structured transaction c. financial transactiond. floating transaction

Q: Which of the following is NOT required to file a currency transaction report? a. businesses b. individuals c. financial institutions d. banks

Q: Which dollar amount triggers a currency transaction report? a. $1,000 or less b. $10,000 or more c. $5,000 or more d. There is not specific dollar amount

Q: CTRs can help determine whether occurred. a. tax fraud b. money laundering c. both tax fraud and money laundering d. neither tax fraud and money laundering

Q: is defined as "obtaining of property of another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under the color of official right." a. A kickback b. A bribe c. Mail fraud d. Extortion

Q: The Travel Act makes interstate travel to commit all of the following activities illegal except: a. bomb a homosexual bar. b. travel with the intent to violate state law. c. travel to facilitate an illegal narcotics transaction. d. cross state lines to purchase medical marijuana

Q: Illegal gambling is often distinguished from legitimate commercial promotions by the fact that illegal gambling or lotteries have all of the following characteristics except a. a prize b. consideration c. chance elements d. a skill element

Q: Using money, property, or "favors" to influence a public or private official to act in some agreed manner is a(n)a. kickbackb. bribec. mail fraudd. extortion

Q: A fraudulent scheme that uses interstate or international wire or other electronic communications is the definition ofa. mail fraud act b. bank fraud act c. wire fraud act d. interstate fraud

Q: A(n) occurs when the parties in a sales transaction agree that some part of the purchase price paid by the buyer will be returned to the buyer. a. kickback b. bribe c. mail fraud d. extortion

Q: A wire fraud scheme is defined to include a scheme to deprive another of the intangible right of a. honest services b. honest broker c. legitimate commerce d. honest expectations

Q: Legislation that can be used to prosecute those involved in criminal activities that cross state borders or involve foreign commerce is known as thea. travel act b. wire act c. bank act d. fraud act

Q: When it comes to prosecuting organized crime a. there is no advantage to a federal versus state prosecution b. state law usually offers more advantages than federal law c. the jurisdiction that can prosecute most quickly will more likely be the best venue d. there are advantages to a federal over a state prosecution

Q: Illegal profits can NOT be laundered through the purchase of which of the following?a. homes b. jewelry c. carsd. illegal drugs

Q: Any fraudulent scheme that uses an interstate delivery system may be prosecuted as a felony under a. the federal mail fraud statute b. a state criminal fraud law c. both the federal mail fraud statute and state criminal fraud law d. neither the federal mail fraud statute nor a state criminal fraud law

Q: According to the U.S. Supreme Court, under the money laundering statute, proceeds can bea. profits but not receipts b. receipts but not profits c. profits or receiptsd. neither profits nor receipts

Q: What act did Congress pass in 1982 related to the witness protection program? a. the Federal Victim and Witness Protection Act b. the Federal Victim Protection Act c. the Federal Witness Protection Act d. the Federal Protection Act

Q: The witness protection program created in 1970 provides new identities and relocation for witnesses a. and their families in both state and federal criminal prosecutions of organized crime b. and their families in federal criminal prosecutions of organized crime c. in both state and federal criminal prosecutions of organized crime d. and their families in state criminal prosecutions of organized crime

Q: The federal RICO statute permits federal prosecutions based on criminal acts that would normally fall under a. state criminal jurisdiction b. district court criminal jurisdiction c. appellate criminal jurisdiction d. county criminal jurisdiction

Q: The Supreme Court has ruled that for the federal RICO law a "criminal enterprise" means a. association in fact b. formal business c. informal business d. formal structure

Q: RICO and CCE laws have been successfully used to stop all of the following except a. illegal activities by anti-abortion groups b. stock exchange violations c. porn shop violations d. bankruptcies

Q: What act requires banks, businesses, and financial institutions to report large cash transactions? a. National Money Laundering Act b. Currency Transaction Reporting Act c. Large Cash Transaction Act d. Prevention of the Laundering Illegal Proceeds Act

Q: What federal statute permits prosecution under that act if the extortion can be shown to interfere with interstate commerce?a. the Travel Act b. the Hobbs Act c. the Bribery Actd. the Extortion Act

Q: All of the following criminal acts qualify as "predicate acts" under the RICO laws except a. drug trafficking b. mail fraud c. witness tampering d. robbery

Q: To obtain a RICO or "little RICO" conviction, the prosecution must prove which of the following except?a. that the enterprise existed and was engaged in racketeering activityb. that the defendants were members of the racketeering enterprisec. two or more incidents of racketeering conduct "that have the same or similar intents, results, victims, or methods of commissiond. that the enterprise transferred assets across state lines

Q: The practice of keeping payments for expensive items under the amount requiring a currency transaction report to launder illegal money is called. a. smurfing b. rigging c. switching d. wiring

Q: The RICO laws focus on the conspiratorial nature of a. organized crime b. white collar crime c. burglary d. wire fraud

Q: Which of the following statements regarding money laundering is FALSE? a. The USA PATRIOT Act toughened money laundering laws. b. It is the world's third largest business. c. Money laundering is a crime only on the federal level. d. Sentences for cash smuggling have been increased.

Q: Which of the following statements regarding the Federal Victim and Witness Protection Act is FALSE? a. The Act was passed by Congress in 1982. b. This statute created the crime of witness tampering. c. Tampering is a crime only if the witness testifies in a criminal trial. d. It has led to better court cases for proesecutors

Q: Which of the following statements regarding the federal witness protection program is true?a. The program was created during the period of Prohibition in the U.S.b. Since being established, the program has seldom been used. c. The program is utilized in both federal and state prosecutions. d. The program applies to witnesses, but not their families.

Q: One of the benefits of the passage of the CCE Statute was that it enabled prosecutors to charge people a. whose actions enable a criminal enterprise to function b. aided and abetted the mafia c. with tax evasion d. who cross state lines when committing crimes

Q: If the underlying criminal acts do not affect interstate commerce a. the federal government has no jurisdiction to prosecute b. the federal government still has jurisdiction to prosecute under special provisions of the RICO statute c. the federal government can engage in a joint prosecution with the state d. the state government can elect to turn the case over to federal officials

Q: One of the benefits of the passage of the RICO ACT was that it enabled prosecutors to charge all people engaged in unlawful activity who own or invest in an enterprise that affects a. interstate commerce b. the federal government c. state taxes d. banking

Q: For the purpose of money laundering statutes, profits gained from unlawful activities are known asa. proceedsb. receipts c. markersd. tickets

Q: The primary purpose of RICO laws is to strike at the source of the economic power of a. terrorist organizations b. illegal business monopolies c. manufacturers of counterfeit goods d. organized crime

Q: To obtain a conviction under RICO, the government must prove that the defendanta. is part of a continuing criminal enterpriseb. has committed at least three felonies c. has invested illegally obtained fundsd. is a member of the Mafia

Q: In 1970, Congress enacted the RICO law. What does RICO stand for? a. Racket Induced Criminal Operations b. Racketeer Influenced and Corrupt Organizations c. Racketeer Influenced Commercial Operation d. Racket Induced Criminal Organization

Q: Which of the following are ways of laundering money? a. gold purchases b. purchases of cashier's checks c. wire transfers d. All of these choices

Q: Any fraudulent scheme that uses any interstate delivery services can be prosecuted as a felony under thea. mail fraud act b. bank fraud act c. wire fraud act d. interstate fraud

Q: There is one type of immunity provided to federal grand jury witnesses. a. True b. False

Q: The grand jury system makes prosecution in federal courts advantageous. a. True b. False

Q: The process by which criminals seek to disguise the illicit nature of their proceeds by introducing them into the stream of legitimate commerce is known as money washing. a. True b. False

Q: The Mail fraud act is a federal law used to combat organized crime. a. True b. False

Q: Organized crime and gang members often used bribery and extortion of witnesses to present witnesses from testifying. a. True b. False

Q: The federal RICO statute permits federal prosecutions based on criminal acts that would normally fall under state criminal jurisdiction. a. True b. False

Q: Federal and state RICO laws generally require the government to prove that the defendants committed or conspired to commit acts of racketeering. a. True b. False

Q: Prior to 1970, attempts to prosecute groups known as the mafia were largely unsuccessful. a. True b. False

Q: Money can be laundered by taking it to another country. a. True b. False

Q: The federal RICO removes the jurisdictional requirement that the racketeering activities affected interstate commerce. a. True b. False

Q: Explain when a seizure is an extraordinary rendition. Explain the arguments for and against the use of extraordinary rendition.

Q: How do terrorists get financial support?

Q: Explain the concept of Hawala? What are possible the advantages of such a system? What are the possible disadvantages of such a system?

Q: What are the elements of terrorism under most state laws?

Q: List and describe the three categories of crimes created by the rules of war.

Q: Define, compare, and contrast the crimes of treason, sedition, and sabotage.

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