Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
True / False
1. The federal RICO removes the jurisdictional requirement that the racketeering activities affected interstate
commerce.
a. True
b. False
2. Money can be laundered by taking it to another country.
a. True
b. False
3. Prior to 1970, attempts to prosecute groups known as the mafia were largely unsuccessful.
a. True
b. False
4. 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
5. The federal RICO statute permits federal prosecutions based on criminal acts that would normally fall under state
criminal jurisdiction.
a. True
b. False
6. Organized crime and gang members often used bribery and extortion of witnesses to present witnesses from
testifying.
a. True
b. False
7. The Mail fraud act is a federal law used to combat organized crime.
a. True
b. False
8. 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
9. The grand jury system makes prosecution in federal courts advantageous.
a. True
b. False
10. There is one type of immunity provided to federal grand jury witnesses.
a. True
b. False
Multiple Choice
11. Any fraudulent scheme that uses any interstate delivery services can be prosecuted as a felony under the
a. mail fraud act
b. bank fraud act
c. wire fraud act
d. interstate fraud
12. Which of the following are ways of laundering money?
a. gold purchases
b. purchasesofcashier’schecks
c. wire transfers
d. All of these choices
13. 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
14. To obtain a conviction under RICO, the government must prove that the defendant
a. is part of a continuing criminal enterprise
b. has committed at least three felonies
c. has invested illegally obtained funds
d. is a member of the Mafia
15. 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
16. For the purpose of money laundering statutes, profits gained from unlawful activities are known as
a. proceeds
b. receipts
c. markers
d. tickets
17. 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
18. 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
19. 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
20. 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.
21. 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
22. Which of the following statements regarding money laundering is FALSE?
a. The USA PATRIOT Act toughened money laundering laws.
b. Itistheworld’sthirdlargestbusiness.
c. Money laundering is a crime only on the federal level.
d. Sentences for cash smuggling have been increased.
23. The RICO laws focus on the conspiratorial nature of
a. organized crime
b. white collar crime
c. burglary
d. wire fraud
24. 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
25. ToobtainaRICOor“littleRICO”conviction,theprosecutionmustprovewhichofthefollowingexcept?
a. that the enterprise existed and was engaged in racketeering activity
b. that the defendants were members of the racketeering enterprise
c. twoormoreincidentsofracketeeringconduct“thathavethesameorsimilarintents,results,victims,or
methods of commission
d. that the enterprise transferred assets across state lines
26. Allofthefollowingcriminalactsqualifyas“predicateacts”undertheRICOlawsexcept
a. drug trafficking
b. mail fraud
c. witness tampering
d. robbery
27. 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 Act
d. the Extortion Act
28. 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
29. 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
30. TheSupremeCourthasruledthatforthefederalRICOlawa“criminalenterprise”means
a. association in fact
b. formal business
c. informal business
d. formal structure
31. 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
32. 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
33. 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
34. According to the U.S. Supreme Court, under the money laundering statute, proceeds can be
a. profits but not receipts
b. receipts but not profits
c. profits or receipts
d. neither profits nor receipts
35. 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
36. Illegal profits can NOT be laundered through the purchase of which of the following?
a. homes
b. jewelry
c. cars
d. illegal drugs
37. 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
38. Legislation that can be used to prosecute those involved in criminal activities that cross state borders or involve
foreign commerce is known as the
a. travel act
b. wire act
c. bank act
d. fraud act
39. 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
40. 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
41. A fraudulent scheme that uses interstate or international wire or other electronic communications is the definition of
a. mail fraud act
b. bank fraud act
c. wire fraud act
d. interstate fraud
42. Usingmoney,property,or“favors”toinfluenceapublicorprivateofficialtoactinsomeagreedmannerisa(n)
____.
a. kickback
b. bribe
c. mail fraud
d. extortion
43. 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
44. 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
45. _____isdefinedas“obtainingofpropertyofanother,withhisconsent,inducedbywrongfuluseofactualor
threatenedforce,violence,orfear,orunderthecolorofofficialright.”
a. A kickback
b. A bribe
c. Mail fraud
d. Extortion
46. 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
47. 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
48. 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
49. Which of the following is NOT required to file a currency transaction report?
a. businesses
b. individuals
c. financial institutions
d. banks
50. Transactionsthatarepurposelyunderthereportingminimum,forthepurposeofevadingafinancialinstitution’s
reporting requirement, is called
a. businesses transaction
b. structured transaction
c. financial transaction
d. floating transaction
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.
51. Richie claims he's an innocent businessman, and that racketeering charges are unwarranted because he
a. is not part of a continuing criminal enterprise
b. has does not have any previous arrests
c. has not invested illegally obtained funds
d. is not a member of the Mafia
52. 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
53. 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
54. 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
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.
55. Given the description in the preface, Enrique would be guilty of what crime?
a. smurfing
b. rigging
c. currency transaction fraud
d. mail fraud
56. Enrique would also be guilty of what other crime?
a. money laundering
b. asset laundering
c. tax laundering
d. honest services fraud
57. 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
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.
58. 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
59. Joe, based on the information in the preface, would have violated the
a. Hobbs Act
b. RICO Act
c. Travel Act
d. Hatch Act
60. 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
61. A RICO conviction requires proof that an enterprise existed that engaged in _____ activity.
62. Most courts now hold that any effect on ____ commerce satisfies the RICO jurisdictional requirement
63. Money can be _____ by buying cash or bearer instruments.
64. Federal jurisdiction is possible under RICO if the underlying acts affect commerce.
65. Witness _____ is a crime whether the witness plans to testify in a criminal trial or a civil trial.
66. Proceeds for purpose of the money _____ statutes means profits gained from unlawful activities.
67. The ____ Act can be used to prosecute those involved in criminal activities that cross state borders or involve
foreign commerce.
68. The federal statute, known as the _____ Act, permits prosecution under that act if the extortion can be shown to
interfere with interstate commerce.
69. Federal court ____ rules make prosecution in federal courts advantageous.
70. The acronym CTR stands for currency ____ reports.
71. States have laws similar to federal RICO laws, commonly known as _____.
72. The _______ program provides new identities and relocation for witnesses and their families in both state and
federal criminal prosecutions of organized
crime.
73. A fraudulent scheme, no matter its purpose or method, that uses either private or public delivery service is called
_____.
74. A fraudulent scheme that uses interstate or international wire or other electronic communications is called _____.
75. Reports that businesses, banks, and financial institutions are required to file for cash transactions of more than
$10,000 are called _____.
Essay
76. According to the money laundering statutes, what are proceeds? How have the courts defined proceeds?
77. Why were prosecutions of organized crime prior to 1970 generally unsuccessful? Describe the advantages of one
organized crime statute passed in 1970.
78. List the elements the prosecution must prove to obtain a RICO conviction.
79. What knowledge is required for a conviction under the federal money laundering, transportation of illegal
proceeds, section?
80. Discuss the requirement for federal jurisdiction to be possible under the RICO statute.
81. What is the federal witness protection program and what types of problems does it address?
82. Discuss three ways that money can be laundered. Explain why some ways might be more difficult for prosecution
than others?
83. Whatisthecrimeof“smurfing”andwhatcriminallawsattempttodealwithit?
84. Discuss the Hobbs Act and the types of criminal activities it makes illegal.
85. What are some of the advantages for prosecutors of the statutes passed after 1970?
