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Chapter 10
Criminal Law and Cyber Crime
TRUE/FALSE QUESTIONS
B1. In a criminal case, the state must prove its case by a preponderance of the
evidence.
B2. The sanctions imposed on criminal wrongdoers are the same as those applied
in civil cases.
B3. One element that normally must exist for a person to be convicted of a crime is
the performance of a prohibited act.
B4. The crime of theft requires only the taking of another person’s property, not the
awareness that the property belongs to another.
2 TEST BANK B—UNIT TWO: TORTS AND CRIMES
B5. The federal criminal code lists more than four thousand criminal offenses, all of
which require a specific mental state.
B6. Corporate officers and directors may be held criminally liable for the actions of
employees under their supervision.
B7. Falsifying public records or altering a legal document is larceny.
B8. An employer’s failure to remit state withholding taxes that were collected from
employee wages cannot constitute a crime.
B9. The crime of bribery occurs when the bribe is offered—it is not required that the
bribe be accepted.
B10. Racketeering is a single crime—engaging in financial transactions to conceal
the identity, source, or destination of illegally gained funds.
B11. The theft of trade secrets is a civil wrong but not a crime.
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B12. In the event of a RICO violation, the government can seek the divestiture of a
defendant’s interest in a business.
B13. The only defense to criminal liability that justifies the use of force is self-
defense.
B14. For most crimes, the state must initiate prosecution within a certain number of
years after the crime occurs.
B15. Once immunity is given, a person has an absolute privilege against self–
incrimination and can no longer refuse to testify on Fifth Amendment grounds.
B16. Under the Fourth Amendment, general searches through a person’s belongings
are permissible.
B17. If a person in custody is to be subjected to interrogation, he or she must first be
informed in clear and unequivocal terms that he or she has the right to remain
silent.
B18. In a phishing attack, a perpetrator “fishes” for financial data and passwords
from consumers by posing as a legitimate business.
4 TEST BANK B—UNIT TWO: TORTS AND CRIMES
B19. A company takes a risk by electronically storing their online customers’ credit–
card numbers.
B20. No federal statute specifically addresses cyber crime.
MULTIPLE-CHOICE QUESTIONS
B1. Reno, driving while intoxicated, causes a car accident that results in the death
of Santo. Reno is arrested and charged with a felony. A felony is a crime
punishable by death or imprisonment for
a. any period of time.
b. more than one year.
c. more than six months.
d. more than ten days.
B2. Maura enters a gas station and points a gun at the clerk Nate. She then forces
Nate to open the cash register and give her all the money. Maura can be
charged with
a. burglary.
b. robbery.
c. larceny.
d. receiving stolen property.
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B3. Megan reaches into Ned’s pocket and takes his wallet—without his consent and
without his immediate awareness. Unlike robbery, picking pockets does not
involve
a. breaking and entering.
b. force or fear.
c. large amounts of cash.
d. weapons.
B4. Laird is an employee of Motor Parts, an auto parts store. On the orders of his
employer, he switches trademarks on parts that come into the store to be sold
to consumers. This is most likely
a. forgery.
b. larceny.
c. robbery.
d. obtaining goods by false pretenses.
B5. Eartha receives from Fergie a guitar stolen from Harper. To be criminally liable,
Eartha must
a. know that Fergie is the thief.
b. know that Harper is the true owner.
c. know that the guitar is stolen.
d. have paid for the guitar.
6 TEST BANK B—UNIT TWO: TORTS AND CRIMES
B6. Kimberly, the owner of Littleton Cinema, trusts Max to manage the theater’s
daily cash flow. One night, without Kimberly’s knowledge or consent, Max takes
and keeps $1,000 from the receipts. This is most likely
a. embezzlement.
b. larceny.
c. robbery.
d. burglary.
B7. Owen uses the Internet to defraud Prairie Valley Credit Union. He is found
guilty of wire fraud. He can be punished by
a. imprisonment for not more than one year.
b. imprisonment for up to thirty years and fines of up to $1 million.
c. fines for not more than $50,000.
d. death.
B8. Quiana, an employee of Reservations for Less, Inc., pays Svetlana, an
employee of Reservations for Less’ competitor Travel Cheap, Inc., for
Reservations for Less’ secret pricing schedule. This may be
a. an effective marketing strategy.
b. commercial bribery.
c. insider trading.
d. money laundering.
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B9. Dreyfus points a gun at Eton, threatening to shoot him if he does not steal from
his employer, Freddy’s Gas & Shop store, and give the stolen funds to Dreyfus.
Charged with theft, Eton can successfully claim, as a defense
a. nothing.
b. duress.
c. entrapment.
d. self-defense.
B10. Skip is accused of a crime. Skip can refuse to provide information about his
allegedly criminal activities
a. if he suspects the information will be used to prosecute him.
b. if the police do not promise to keep the information confidential.
c. if the information is “fruit of the poisonous tree.”
d. under no circumstances.
B11. Nini, a police officer, wants to search the offices of Operational Business
Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth
Amendment, no warrant for a search can be issued without
a. double jeopardy.
b. probable cause.
c. reasonable doubt.
d. immunity.
8 TEST BANK B—UNIT TWO: TORTS AND CRIMES
B12. Klay arrests Leonida on suspicion of embezzlement. According to the United
States Supreme Court in Classic Case 10.3, Miranda v. Arizona, Leonida must
be apprised of certain constitutional rights
a. after any police interrogation.
b. at any time during police interrogation.
c. only at the request of the suspect’s attorney.
d. prior to any police interrogation.
B13. Landon is arrested at a warehouse in Metro Corporate Park. A government
prosecutor issues a formal charge against Landon for receiving stolen property.
This charge is an
a. arraignment.
b. indictment.
c. information.
d. interrogation.
B14. Via the Internet, Porcio sabotages the computer system of Quik Chik’n
Company, a fast-food restaurant operator, to alter the ingredients in the
company’s recipes and products so that consumers of the foods become ill.
Porcio is a
a. cyberterrorist.
b. botnet.
c. virus.
d. worm.
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B15. Ajay sells “Bulk Up” steroids over the Internet. He is arrested and charged with
the sale of a controlled substance. This is cyber crime, which is
a. a new category of crime that is not related to older types of crime.
b. a crime that occurs in the virtual community of the Internet.
c. a crime that is less real than the same crime in the physical world.
d. no crime.
B16. Posing as Platinum Bank, Quentin e-mails Rachel, asking her to update her
personal banking information through a link in the e-mail. She clicks on the link
and types in the data, which Quentin promptly sells to Spence. This is
a. hacking.
b. identity theft.
c. cyberterrorism.
d. bribery.
BUSPROG: Reflective AICPA: BB-Legal
B17. Gem programs software to prompt a computer to continually crash and reboot.
Gem intends to install this program on various companies’ computer systems
without the companies’ knowledge. The program can reproduce itself, but must
be attached to a host file to travel from one computer network to another. This
program is a
a. hacker.
b. botnet.
c. virus.
d. worm.
10 TEST BANK B—UNIT TWO: TORTS AND CRIMES
B18. Chaz uses his computer to secretly install software on thousands of personal
computers without their owners’ knowledge. The program can reproduce itself
and spread from one computer to another via any USB port. This program is a
a. hacker.
b. botnet.
c. virus.
d. worm.
B19. Farouk uses his computer to break into Global Financial Center’s computer.
Farouk is a
a. hacker.
b. virus.
c. phisher.
d. worm.
B20. Leslie commits an act via e-mail against Money Investment Company, a
business in New York, where the act is a cyber crime. Leslie resides in Ohio,
where the act is not a crime. Prosecution of Leslie in New York involves
questions of
a. jurisdiction.
b. malware.
c. phishing.
d. service-based hacking.
ESSAY QUESTIONS
B1. Babs sees an e-book reader on the porch of Coco’s house, takes the reader to
her home, and tells everyone she owns it. Danno, wielding a knife, forces
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Easter to give him her smartphone, and runs away with it. Fritz breaks into
Ginger’s apartment, takes a laptop, and leaves. Hazel sells Idi an expensive
wristwatch for a fraction of its value, admitting that the watch is stolen property
but claiming that she is not the thief. Which of these acts are crimes, and what
are the differences among them?
B2. Cameron is an accountant in the accounting department of Data Analytics
Company. Cameron’s son’s college tuition is due within a week, or he cannot
continue taking classes. To meet the due date, Cameron transfers funds from
Data Analytics to a fictitious (false) bank account, planning to repay the firm
within one month. The transfer is discovered before the firm is repaid, and
Cameron is arrested. What crime, or crimes, if any, has Cameron committed?
12 TEST BANK B—UNIT TWO: TORTS AND CRIMES