Federal Criminal Law

Question 1

Doesn’t have to been writing or under oath

Don’t have to prove that they benefited from the statement (intent to deceive)

False Statements (WBT)

Answer 1

ELEMENTS OF FALSE STATEMENT TITLE 18 U.S.C. 1001;

Question 2

Applies to only theft of US property or property made or being made under contract for the US. For theft to be a felony, the value must exceed of $1,000.

Taking abandoned property is not a violation of theft.

Theft (WBT)

Answer 2

ELEMENTS OF 18 U.S.C. 641 - THEFT;

Question 3

Use jeopardizes any change of successful protection

May create the appearance, and sometimes the reality, of outright distress

Threats against family, extreme appeals to emotions, unreasonable amounts of money, press such as repeated phone calls or badgering, violet demonstrations of threats of job loss or custody of children

Federal Criminal Law

Answer 3

PROHIBITED INDUCMENTS;

Question 4

Unlikely to tempt a law-abiding person to commit a crime.

Use of decoys, payments of reasonable amounts of money, or assistance in facilitating the commission of the crime by providing equipment or supplies (paper for counterfeiting or chemicals for drug manufacturing)

Federal Criminal Law

Answer 4

PERMITTED INDUCMENTS;

Question 5

Means that the defendant is presently ready and willing to commit a crime

Established by, statement made by defendant before during and after the inducement, character and reputation, motive for committing the crime, eagerness to acceptance of governments suggestion, possession of contraband for sale, prior convictions or criminal activity, acceptance of an offer to supply the last essential ingredient to manufacture drugs

Willings versus becoming persistent to get them to commit the crime

Federal Criminal Law

Answer 5

PRESDISPOSITION;

Question 6

A hologram, watermark, certification, or symbol is what type of feature?

False Identification

Answer 6

AUTHENTICATION;

Question 7

Unlawful for any person knowingly or intentionally to possess a controlled substance

defendant unlawfully possessed a controlled substance must be proved

Knowing or intentional possession is also an offense

Mere presence at the scene is not an offense, unless they suspected the crime and shut their eyes in fear of what they may learn then it may have sufficient knowledge to establish criminal culpability

Actual - in their holds or on them
Constructive - trunk of their car, dress, desk

Federal Criminal Law

Answer 7

POSSESSION - 21 U.S.C. 844

Question 8

Makes it unlawful for any person to knowingly or intentionally
1. Manufacture, distribute, or dispense, or posses with intent to manufacture, distribute or dispense a controlled substance - proved through circumstantial evidence (method of packaging, sales, quantity)

Federal Criminal Law

Answer 8

DISTRIBUTION - 21 U.S.C. 841;

Question 9

Government Inducement?

Yes

Predisposition?

Yes

No Entrapment

Answer 9

HOW IT WORKS; NO ENTRAPMENT;

Question 10

Government Inducement?

Yes

Predisposition?

No

Entrapment

Affirmative Defense

Answer 10

HOW IT WORKS; ENTRAPMENT;

Question 11

Government Inducement?

No

No Entrapment

Answer 11

HOW IT WORKS; NO ENTRAPMENT;

Question 12

An awareness of the nature of one’s conduct is the definition of what key term found in Title 18 U.S.C. 1028?

False Identification

Answer 12

KNOWINGLY;

Question 13

In order to qualify as a felony offense, how many documents must be in the possession of the suspect with the intent to use or transfer?

False Identification

Answer 13

FIVE;

Question 14

Which of the following offenses is prohibited by 18 U.S.C. 1028?

False Identification

Answer 14

KNOWINGLY POSSESSING A DOCUMENT-MAKING IMPLEMENT WITH THE INTENT SUCH DOCUMENT-MAKING IMPLEMENT WILL BE USED IN THE PRODUCTION OF FALSE IDENTIFICATION DOCUMENT;

Question 15

Under 18 U.S.C. 1028, a person who knowingly and without lawful authority produces the following type of document commits a felony offense?

False Identification

Answer 15

A SOCIAL SECURITY CARD;

Question 16

For all offenses, the punishment includes?

False Identification

Answer 16

FORFEITURE TO THE UNITED STATES OF ANY PERSONAL PROPERTY INTENDED TO BE USED TO COMMIT THE OFFENSE;

Question 17

A suspect falsely certifies, on a DMV residence form, that his old Virginia address is the residence of a person that carried a shoe bomb onto a plane with the purpose of destroying the aircraft. The suspect could be subject to what enhanced penalty under 18 U.S.C. 1028?

False Identification

Answer 17

FINE, IMPRISONMENT FOR NOT MORE THAN 30 YEARS, OR BOTH;

Question 18

A gang member uses false identification to purchase a gun used in a bank robbery. This gang member could be subject to what enhanced penalty under 18 U.S.C. 1028?

False Identification

Answer 18

FINE, IMPRISONMENT FOR NOT MORE THAN 20 YEARS OR BOTH;

Question 19

A suspect is captured with four operational timing devices designed to detonate primary explosives, consisting of small black boxes containing circuit boards connected to Casio watches and 9-volt battery connectors. Having crossed the border using a passport of a different Canadian citizen, the suspect could be subject to what enhanced penalty under 18 U.S.C. 1028?

False Identification

Answer 19

FINE, IMPRISONMENT FOR NOT MORE THAN 30 YEARS, OR BOTH;

Question 20

Assuming that each of the following statements are material and are knowingly and willfully made to a federal employee acting within the scope of the employee’s agency, which of the following statement would constitute a violation of 18 U.S.C. 1001?

False Statements

Answer 20

PURPOSELY PROVIDING A STATEMENT THAT MISREPRESENTS THE TRUE FACTS;

Question 21

What scenario correctly identifies a violation of 18 U.S.C. 1001?

False Statements

Answer 21

A CONTRACTOR LIES TO INVESTIGATORS WHEN QUESTIONED ABOUT THE GOVERNMENT CONTRACT HE WAS AWARDED FOR COVERING UP INFORMATION;

Question 22

What of the following is not a legislative branch exception of 18 U.S.C. 1001?

False Statement

Answer 22

WRITING OR DOCUMENTS SUBMITTED BY A PARTY OF COUNSEL OR A JUDGE;

Question 23

Which of the following elements fall under the knowingly and willfully clause of 18 U.S.C. 1001?

False Statements

Answer 23

MAKING OR USING ANY FALSE WRITING OR DOCUMENT KNOWING THE SAME TO CONTAIN ANY MATERIALLY FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR ENTRY;

Question 24

The prove a false statement offense, the statement must be?

False Statement

Answer 24

MATERIAL;

Question 25

Property belonged to the US
Property came in to the person possession lawfully
The person wrongfully appropriated the property to their use or for use of another
Taking the property was with the intent to deprive the US of the use or benefit of the property taken

Personal use of government property

Embezzlement

Answer 25

EMBEZZLEMENT;

Question 26

The defendant wrongfully, converted property, that belong to the US or any department or agency

Must exceed $1000

Wrongful use of a GOV example

Theft by Conversion

Answer 26

THEFT BY CONVERSION;

Question 27

The defendant voluntarily, intentionally, and knowingly received stolen, embezzled, or converted property belonging to the US or any department or agency. Knowing that that the property had been stolen, embezzled, or converted with the intent to deprived the US of the use or benefit of the property.

Value must exceed $1000

Theft by Receipt of Stolen Property;

Answer 27

THEFT BY RECEIPT OF STOLEN PROPERTY;