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Exam 6: Criminal Law and Business

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Question 41

Multiple Choice

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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 Barry's best defense,if any,regarding the arrest and search?

A) That the police lacked probable cause.
B) That the police violated his Bertinelli rights.
C) That the police violated his right to nolo contendere.
D) That the police mistook his identity for that of a thief.
E) That the police entrapped him.

F) None of the above
G) A) and C)

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Question 42

Multiple Choice

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

A) False entries
B) Defalcation
C) False pretense
D) A Ponzi scheme
E) Pretexting

F) A) and B)
G) A) and E)

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Question 43

True/False

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The Foreign Corrupt Practices Act (FCPA)prohibits payments to foreign officials to influence an official act or decision corruptly or to influence a foreign government.

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 offenses,if any,is Alice guilty of by buying stock?

A violation of a building code is an example of which of the following offenses?

Which of the following was passed largely in response to business scandals of the 2000s,such as Enron?

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.Which of the following offenses,if any,did Dr.Fred commit when he used UPS to send correspondence and samples of the bands to patients?

Carla learns that her employer,a healthcare facility,is committing fraud against the government by filing false Medicare claims.Under which of the following laws might she personally receive a portion of any recovery obtained by the government?

Bobby,a struggling college student,was entering his favorite grocery store to buy a few things.A shabbily dressed young woman,who told him that she had no money and needed a few food items to eat,approached him.She suggested that Bobby buy some steaks for grilling and return with her to her apartment for dinner.Bobby told her that he did not have much money,but the young woman persisted and went into the store with him.While in the grocery store,Bobby put some steaks and other items in his backpack and,without paying for them,carried them out of the store in preparation for dinner.Unknown to Bobby,the young woman was actually an undercover police officer who arrested him for shoplifting.What is Bobby's best defense?

Which of the following is an incorrect statement regarding the Racketeer Influenced and Corrupt Organizations (RICO) Act?

Which of the following is a true statement regarding the personal liability of corporate executives for a business crime?

Under the Sarbanes-Oxley Act of 2002,it is a felony for an auditor to willfully fail to maintain proper records of audits and work papers for at least ________ years.

For a corporation to be held criminally liable for the acts of an employee,the prosecutor must show that the employee was acting within the scope of her or his employment; however,the prosecutor need not demonstrate that the employee was acting with the purpose of benefiting the corporation.

If the defendant pleads not guilty,his case will be heard by ________.

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 the officer's statement that since state police were involved,federal constitutional rights were waived?

What must a prosecutor show in order for a corporation to be held criminally liable for the acts of an employee?

Define the term "criminal fraud" and discuss the three elements required to prove criminal fraud.

If a business were to sell cigarettes or alcohol to a minor,this would be an example of:

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

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