1. Embezzlement is theft by an employee.
a. True
b. False
2. Economic pressure is generally not a reason for corporate crime.
a. True
b. False
3. Intrabusiness crime is internal or employee crime.
a. True
b. False
4. Electronic eavesdropping is not a crime.
a. True
b. False
5. Mens rea is the particular mental state required to establish a crime.
a. True
b. False
6. Directors are liable for a crime if the corporation is found guilty of the crime.
a. True
b. False
7. Some crimes do not carry a mens rea requirement.
a. True
b. False
8. RICO is a federal criminal statute.
a. True
b. False
9. Criminal fraud is the same as contract fraud.
a. True
b. False
10. RICO applies only to corporations.
a. True
b. False
11. Predicate offenses under RICO are theft, burglary, and arson.
a. True
b. False
12. The Fourth Amendment is the Miranda warning amendment.
a. True
b. False
a. True
b. False
13. The Sixth Amendment is the right-to-speedy trial amendment.
a. True
b. False
14. Probable cause is required only for warrantless searches.
a. True
b. False
15. The exceptions for obtaining warrants include evidence in “plain view.”
a. True
b. False
16. The Fourth Amendment privacy protections do not apply to business records.
a. True
b. False
17. “Taking the Fifth” refers to the Fifth Amendment protection against self-incrimination.
a. True
b. False
18. Corporate officers cannot invoke the Fifth Amendment for a corporation.
a. True
b. False
19. The failure to give Miranda warnings is fatal to a case.
a. True
b. False
20. A preliminary hearing is the same proceeding as an arraignment.
a. True
b. False
21. The omnibus hearing is held before the preliminary hearing.
a. True
b. False
22. The defendant enters his/her plea at the arraignment.
a. True
b. False
23. Bond or bail is established at the initial appearance.
a. True
b. False
24. A grand jury issues an information.
25. Plea bargaining is done only before the arraignment.
a. True
b. False
26. A preliminary hearing requires that the defendant take the stand.
a. True
b. False
27. RICO applies only to repeat offenders.
a. True
b. False
28. Under RICO, business owners can be criminally liable for violations even though they were not directly running the
business.
a. True
b. False
29. Corporate officers are not liable for acts delegated to subordinates.
a. True
b. False
30. The failure to follow crime prevention programs can result in harsher sentences under the U.S. corporate
sentencing guidelines.
a. True
b. False
31. Employee protection against retaliation for reporting activities is a critical part of crime prevention under U.S.
guidelines.
a. True
b. False
32. Bribery is an ethical violation, but is not a crime.
a. True
b. False
33. An employee who is following orders cannot be held liable for any criminal charges that result from that conduct.
a. True
b. False
34. Voluntary reporting of criminal violations reduces a company’s fines under the federal sentencing guidelines.
a. True
b. False
35. In punishments for corporate criminal cases, shame punishment is increasing.
a. True
b. False
36. The corporate sentencing guidelines provide a mathematical formula for determination of corporate sentences for
crimes.
a. True
b. False
37. Under the sentencing guidelines the Justice Department can agree to a non–prosecution agreement (NPA), but not
to a deferred-prosecution agreement (DPA).
a. True
b. False
38. Mens rea can be established without a confession.
a. True
b. False
39. The USA Patriot Act requires those handling large sums of cash to verify the sources of those funds.
a. True
b. False
40. Commercial bribery is only criminal for the recipient.
a. True
b. False
41. The “culpability multiplier” is part of the U.S. sentencing guidelines.
a. True
b. False
42. Involvement of the top officers in corporate crimes increases the penalty under the U.S. sentencing guidelines.
a. True
b. False
43. A willful violation of OSHA carries a possible one year prison sentence.
a. True
b. False
44. The White-Collar Criminal Penalty Act of 2002 is known as the King Pin Act.
a. True
b. False
45. SOX is the shorthand for the Sarbanes-Oxley business crime legislation.
a. True
b. False
46. Monitors are often required by the Justice Department as part of a settlement of charges of corporate violations of
criminal law.
a. True
b. False
47. Monitors are not permitted to have daily access to a corporation.
a. True
b. False
48. Which of the following is not a requirement of mens rea?
a. a specific act
b. the state of mind required for the crime
c. the intent to deprive
d. All of the above are required for mens rea.
49. In order to establish criminal liability of the directors of a corporation:
a. a prosecutor need only establish that the corporation committed a crime.
b. a prosecutor must establish that the directors had criminal intent.
c. the corporation is liable for criminal acts but the directors are not liable.
d. none of the above
50. Embezzlement is:
a. theft by an employee.
b. a crime that does not require proof of intent.
c. a crime that can occur when property is borrowed.
d. none of the above
51. The mens rea required for theft is:
a. intent to take the property permanently.
b. intent to borrow the property.
c. general intent to commit a crime.
d. none – strict liability crime.
e. none of the above
52. What is the distinction between theft and embezzlement?
a. the mens rea is different
b. the amount taken
c. the entrustment of the property
d. They are the same crime.
53. RICO applies to:
a. only interstate businesses.
b. officers but not directors.
c. buyers of businesses.
d. all criminal activity.
e. none of the above
54. Predicate offenses under RICO include:
a. gambling.
b. bribery.
c. extortion.
d. a and c only
e. all of the above
55. The Fourth Amendment:
a. is the privacy protection amendment.
b. provides the right for a jury trial.
c. provides the protection against self-incrimination.
d. none of the above
56. Exceptions to the warrant requirement include:
a. RICO violations.
b. plain view doctrine.
c. no available magistrate.
d. records under the FCPA.
57. The Fifth Amendment:
a. affords protection against self-incrimination.
b. can be used by a corporation.
c. can be used by officers to prevent disclosure of corporate records.
d. none of the above
58. The Miranda warnings:
a. must be given or the case is dismissed.
b. are based on Fifth Amendment rights.
c. are based on Fourth Amendment rights.
d. none of the above
59. In criminal procedure, the initial appearance:
a. is the preliminary hearing.
b. is where bail is set.
c. follows the grand jury proceedings.
d. is where a plea is entered.
60. An indictment is:
a. a document issued by the grand jury.
b. issued after a preliminary hearing.
c. followed by an information.
d. none of the above