c.
That obtaining the information constituted a Fourth Amendment search, but that the defendant’s constitutional
right to privacy were not violated.
d.
That obtaining the information did not constitute a Fourth Amendment search, but that the defendant’s due
process rights were violated.
42. The United States v. Stein case referenced in the text, addressed the question of whether the constitutional rights of the
defending accountants were violated when the government pressured their former employer into ending its policy of
paying attorney fees. How did the Court rule?
a.
The actions of the government violated the constitutional rights of the defendants resulting in the dismissal of
indictments against defendants.
b.
The actions of the government violated the constitutional rights of the defendants but the indictments issued
against them were not dismissed.
c.
The actions of the government did not violate the constitutional rights of the defendants, primarily because
white collar crime was involved.
d.
The actions of the government did not violate the constitutional rights of the defendants because the
defendants could afford to pay their own attorneys.
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14–9a Assistance of Counsel
Blooms: Analysis
43. Which of the following is true of the death penalty in China?
a.
More than 60 crimes carry the death penalty including tax fraud and bribery.
b.
Less than 5 crimes carry the death penalty because it is limited to crimes involving the most serious offenses
such as murder.
c.
While it is currently in effect for some crimes, it is outlawed beginning in 2015.
d.
The death penalty is currently outlawed.
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
International Snapshot
44. In a criminal case, the accused is presumed innocent until proven guilty:
a.
by a preponderance of the evidence.
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
14–7c Other Applications of the Warrant Requirements
Blooms: Analysis
b.
by clear and convincing evidence.
c.
beyond a reasonable doubt.
d.
by a preponderance of the evidence for some offences and beyond a reasonable doubt for others.
45. In a criminal prosecution, which of the following is true regarding evidence that the prosecution must share with the
defendant?
a.
The prosecution must share evidence that the defendant requests.
b.
The prosecution must share any exculpatory evidence regardless of whether the defendant requested it.
c.
The prosecution must share evidence that the defendant requests, and the prosecution must also share any
exculpatory evidence regardless of whether the defendant requested it.
d.
The prosecution is not required to share any evidence with the defendant.
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14–11 Nonconstitutional Protections
46. Which of the following statements is NOT true regarding the warrant requirement of the Fourth Amendment?
a.
Some stops and searches may be justified without a search warrant.
b.
The Supreme Court has permitted a warrantless search of garbage cans placed at curbside for collection.
c.
An arrest warrant is generally required for arrests in the suspect’s own home.
d.
A search warrant is required for the government to search an individual’s bank records.
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14–7c Other Applications of the Warrant Requirements
Blooms: Comprehension
47. A valid search warrant must be:
a.
supported by an oath and be based on reasonable cause.
b.
supported by an oath, and describe in specific detail what is to be searched or seized.
c.
supported by an informant.
d.
issued at least 24 hours before the search.
DISC: – AICPA: BB-Legal
United States – BUSBROG: – Analytic
14–4a Burden of Proof
Blooms: Comprehension
48. The __________ prohibits the introduction of evidence offered as proof of guilt in a criminal trial that was illegally
obtained in violation of the Fourth Amendment.
a.
exclusionary rule
b.
involuntary evidence bar
c.
good faith exception
d.
inevitable discovery exception
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
14–7e The Exclusionary Rule
Blooms: Comprehension
49. Which of the following refers to private plaintiffs bringing actions from persons submitting false claims for
government funds?
a.
Pro se litigants
b.
Qui tam plaintiffs
c.
Affiliated litigants
d.
State-controlled plaintiffs
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
14-15b Crimes Perpetrated by the Corporation and Its Agents
Blooms: Comprehension
50. CASE 14.2 United States v. Freed (2006) involved a trustee of the Enota campground and alleged violations of
National Forest Service regulations. The trustee was convicted at trial. On appeal, the court addressed whether the
__________ applied to the trustee and her conviction.
a.
Responsible Corporate Officer doctrine
b.
impossibility defense
c.
mens rea defense
d.
respondeat superior defense
NATIONAL STANDARDS:
United States – BUSPROG: – ANALYTIC
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
14–7d Obtaining a Search Warrant
Blooms: Comprehension
51. Under the __________ a corporate officer may be found guilty of a crime if she bore a “__________” to a violation of
a statute dealing with “products that may affect the __________.”
a.
Responsible Corporate Officer doctrine, responsible relation, health of consumers
b.
Direct Liability doctrine, responsible relation, health of consumers
c.
Vicarious Liability doctrine, responsible relation, health of consumers
d.
Responsible corporate officer doctrine, supervisory relation, privacy of consumers
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
14-13b Vicarious Liability
Blooms: Application
52. The __________ makes it a crime for any U.S. firm or any firm controlled by a U.S. firm to make payments to an
official of a foreign government in an attempt to influence the actions of the official.
a.
Illegal Bribery Prohibition
b.
Foreign Corrupt Practices Act
c.
Extraterritorial Reach Prohibition
d.
Foreign Bribery Act
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14–15 White-Collar Crime
Blooms: Comprehension
53. Which of the following statements is NOT true regarding the Sixth Amendment right to have the assistance of counsel
for criminal proceedings?
a.
The accused has the right to use his or her own attorney.
b.
Once in custody, the accused must be informed of the right to counsel.
c.
The assistance of counsel must be effective.
d.
There is no constitutional right to counsel on any appeal of a verdict.
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14–9a Assistance of Counsel
Blooms: Comprehension
54. __________ liability is the imposition of liability on one party for the wrongs of another.
14-13b Vicarious Liability
Blooms: Analysis
a.
Vicarious
b.
Validity
c.
Relator
d.
Absolute
55. Benji, a truck driver, is told by his boss, Penny, to quickly deliver a load of steel and to get to the location within an
hour regardless. Benji replied, “That’s impossible—I’d have to go 90 miles per hour to do that.” Penny said, “Well, you’d
best get started.” Not surprisingly, Benji was stopped by a highway patrol officer and fined for both speeding and reckless
driving. When he went to court, Benji told the judge that he should be found innocent because he was only acting upon
orders of his boss, Penny. Is Benji correct?
a.
Yes.
b.
No.
c.
Yes, but only if he can establish that he had a written contract obligating him to follow Penny’s orders.
d.
Yes, but only if he has no previous record of speeding.
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
14–13a Direct Liability
Blooms: Analysis
56. Sherdon really wants to buy a new $40,000 boat, but lacks the funds with which to do so. He spends some amount of
time thinking about robbing the local bank. He casually mentions to his wife, Pearl, that he has such thoughts. A few
weeks later Pearl leaves Sherdon for the local mail carrier. Pearl and Sherdon get in a dispute regarding splitting up their
property. In a fit of anger, Pearl calls law enforcement and informs on Sherdon for thinking about the bank robbery. The
police arrest Sherdon. Which of the following is the most likely result assuming Pearl is believed by a judge and jury?
a.
Sherdon should be released because he has committed no crime.
b.
Sherdon should be found guilty of plotting to commit a felony.
c.
Sherdon should be found guilty of conspiracy.
d.
Sherdon should be found guilty of the misdemeanor offense of “wrongful contemplation.”
a
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
14-3 Elements of a Crime
Blooms: Analysis
57. Greg has too much to drink at a local bar. He yells out that Lynette, who was in the bar and had just turned him down
a
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14-13b Vicarious Liability
Blooms: Comprehension
for a date, is loose with her affections and has even been guilty of stealing money from the wallets of her dates. Those
allegations are untrue. In fact, Lynette is a Sunday school teacher who does not drink and was only in the bar accepting
donations for a local charity. Lynette promptly slaps him, and he pushes her away. Unfortunately for Greg, a police officer
is present in the bar and arrests Greg. Based on the altercation, Greg pays a hefty fine and spends 24 hours in jail for
violation of the jurisdiction’s criminal battery statute. The next week, Greg receives a civil complaint filed by Lynette for
defamation and a civil cause of action for battery. Greg says that he already paid for the offense and that he should not be
prosecuted twice. What should Greg do?
a.
Greg should file a motion to dismiss Lynette’s suit which should be granted because of the bar against double
jeopardy.
b.
Greg should file a motion to dismiss Lynette’s suit which should be granted because of the bar against double
jeopardy, and he should also sue Lynette for malicious prosecution.
c.
Since he can be held either civilly or criminally liable, but not both, Greg should consent to proceed with the
civil action and move to have the criminal conviction set aside because the civil action will not look as bad on
his record.
d.
He should try to settle with Lynette because the criminal conviction is no defense to civil liability.
58. Paul suspects that his girlfriend Jen, who does a significant amount of photography on a freelance basis from her
home, is cheating on her income taxes. One day he and Jen have a big argument, and she tells him to get lost. The next
weekend, while Jen is out with her new boyfriend, Paul uses his spare key to her house and goes in to her home office. He
goes through the records she keeps of her receipts and checks, as well as copies of her income tax filings. Just as he
suspected, Jen was taking significant cash payments without paying tax. He took the incriminating records to the Internal
Revenue Service. Jen was later arrested for income tax evasion. She tells her lawyer that she wants to defend on the basis
that Paul violated her Fourth Amendment rights by conducting an illegal search. Which of the following is true regarding
her claim?
a.
She is correct that her Fourth Amendment rights were violated by the search, and the evidence Paul obtained
should be excluded from the trial.
b.
She is correct that her Fourth Amendment rights were violated by the search, but the evidence Paul obtained
should not be excluded from the trial.
c.
She is correct that her Fourth Amendment rights were violated; but the evidence will be excluded from trial
only if she can establish that she had requested that Paul return the key, and he had wrongfully refused to do
so.
d.
She is incorrect in asserting that her Fourth Amendment rights were violated by Paul’s actions.
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
14-7 Constitutional Protections: The Fourth Amendment
Blooms: Analysis
Fact Pattern 14-1
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
14-4 Criminal vs Civil Liability
Blooms: Analysis
Beatrice, a bank teller, was angry with her employer, Big Bank, because she did not get a raise. Each day she begins to
keep for her own use small amounts out of funds deposited by customers at her station. Eventually, she is caught when
customers begin to complain about discrepancies, and bank officials conduct surveillance of her actions. Big Bank is very
unpopular in the community because of a number of foreclosures. The trial against Beatrice results in a hung jury when
the twelve jurors are hopelessly deadlocked, probably because of their dislike of Big Bank. Beatrice is thrilled and
believes that she can forget about the whole mess although her cell mate tells her that she may not be out of the woods yet.
59. Refer to Fact Pattern 14–1. What crime had Beatrice committed?
a.
Larceny
b.
Embezzlement
c.
Robbery
d.
Both robbery and embezzlement
60. Refer to Fact Pattern 14–1. Can Beatrice be tried again for the same crime?
a.
No, because of the double jeopardy bar.
b.
Only if at least five of the jurors voted in her favor to acquit her.
c.
Only if at least six of the jurors voted in her favor to acquit her.
d.
Yes.
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
14–8b No Double Jeopardy
Blooms: Anaysis
61. In relation to the obligation to provide business records and papers for a criminal prosecution, discuss fully the Fifth
Amendment protection for such business records and papers in regard to corporations and also in regard to any custodian
of such records.
Challenging
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
14–15a Crimes Against Employer
Blooms: Analysis
62. Fully discuss limitations on the protection against double jeopardy.
63. The Fifth Amendment protects citizens from involuntary self-incrimination. Discuss the application of this
constitutional protection in the following areas: a statement made by a defendant in custody prior to receiving Miranda
warnings when the police intentionally, rather than mistakenly, delayed in providing the warnings; a blood sample given
by a defendant; a handwriting sample given a defendant; required participation in a lineup. Explain transactional and use
immunity. How does each affect a person’s right not to testify under oath? Discuss fully.
64. Dave has been arrested in connection with a recent string of burglaries. While he was in custody, he was shown
falsified laboratory results that connected him with the crimes. Based on the false evidence, Dave confessed to the crimes
during interrogation. Dave was then given his Miranda warnings and booked. What constitutional rights may Dave assert
to prevent his confession being used against him at trial? Does the state have any defenses available? Discuss fully.
65. Set forth five of the nine factors used by the Department of Justice to decide whether to indict a corporation.
66. Set forth what is prohibited by RICO and what must be shown to establish a violation of the Wire and Mail Fraud
Acts. Reference in what manner the U.S. Supreme Court has construed the term “fraud” in relation to the Wire and Mail
Fraud Acts.
67. Officer Sam obtained a search warrant to search Susie’s apartment based upon a tip from Alice, an informant, to the
effect that Susie was selling drugs. Alice had actually lied to Sam because she was angry with Susie for going out with
Alice’s boyfriend. Sam was suspicious of all the tenants in Susie’s building and got a search warrant authorizing a search
of the building for anything illegal. In Susie’s apartment he found a small amount of marijuana that Susie used personally.
Alice started feeling guilty and confessed that she had lied about the whole matter. Susie is being prosecuted. Does she
have any defense based upon the warrant? Why or why not?