Ch 7

Question 1

crime general principles

Answer 1

-a crime is conduct that is prohibited and punished by a government
-classified as common law or statutory
-misdemeanors are punishable by less than one year in prison
-felonies are punishable by more than one year in prison
-felonies are punishable by more than one year in prison

Question 2

basis of criminal liability

Answer 2

mental state
act or omission

Question 3

responsibility for criminal acts

Answer 3

-corporate liability: corporations are held liable for the acts of their employees
-officers and agents of corporations: can be liable for employees’ conduct if they know and failed to act
-federal laws targeting office and director criminal responsibility: penalties and jail terms have increased, but there must be proof
-penalty for crime: forfeiture

Question 4

indemnification of crime victims

Answer 4

-penalties are paid to the government, who may use fines to assist victims
-defendants may be ordered to pay restitution

Question 5

conspiracies

Answer 5

agreements to commit an unlawful act
money laundering

Question 6

racketeering

Answer 6

racketeer influenced and corrupt organizations (RICO) act: designed to prevent those involved in organized crime from investing money obtained through racketeering in legitimate businesses
-expanding usage: predicate act, qualifying underlying offense

Question 7

bribery

Answer 7

act of giving money, property, or a benefit to a person to influence their judgement

Question 8

commercial bribery

Answer 8

an agent for another is paid or given something of value to make a decision on behalf of he principal that benefits the party paying the agent

Question 9

extortion

Answer 9

when a public officer makes an illegal demand

Question 10

blackmail

Answer 10

extortion demands made by a nonpublic official
corrupt influence
-foreign corrupt practice act: federal antibribery and anticorruption statute

Question 11

counterfeiting

Answer 11

the fraudulent making of a document or coin that appears to be genuine but is not

Question 12

forgery

Answer 12

fraudulent making or material altering of an instrument that attempts to create or change a legal liability of another, uttering: issuing or delivering the forged instrument

Question 13

perjury

Answer 13

knowingly giving false testimony in a judicial proceeding under oath

Question 14

false claims and pretenses

Answer 14

false claims
obtaining goods by false pretenses
false information submitted to banks

Question 15

bad check

Answer 15

passing a check with intent to defraud or knowing that there are insufficient funds

Question 16

credit card crimes

Answer 16

stealing a credit card, possessing the card of another without that person’s consent

Question 17

embezzlement

Answer 17

fraudulent conversion of another’s property

Question 18

obstruction of justice: sarbanes-oxley (SOX)

Answer 18

altering, destroying, falsifying with intent to obstruct the administration of any matter within he jurisdiction of any US department of agency

Question 19

corporate fraud (Sox)

Answer 19

a new form of mail/wire fraud, corporate officers must certify financial statements when issued

Question 20

common law crimes

Answer 20

larceny - taking another’s personal property with fraudulent intent
robbery - taking personal property from the victim by force or threat
burglary - breaking and entering the dwelling or another to commit a felony
arson - malicious burning