Federal Criminal Law (Entrapment, Drug Offenses and False Statements)

Question 1

Alex, an undercover agent, offers to provide Tom with the single remaining ingredient Tom needs to manufacture counterfeit US currency for a moderate share of the eventual proceeds. Tom agrees and they go into business together. When Toms is prosecuted for counterfeiting, will Tom have a valid entrapment defense?

a. Yes, because Alex did not know that Tom was “a known counterfeiter.”
b. Yes, because the defense requires two or more of the right parties to be part of the agreement and since Alex is an undercover agent, there can be no entrapment as Alex cannot formulate the intent.
c. No, because there are two or more of the right parties agreed to commit the offense of counterfeiting.
d. No, because Tom was predisposed.

Answer 1

d. No, because Tom was predisposed. CORRECT: Predisposition negates entrapment.

Question 2

Alex fences stolen merchandise. An Undercover Agent walks in to make a purchase, but Alex is hesitant to sell to her. After speaking with the Undercover Agent for a while, Alex gets comfortable with her and eventually makes the sale. Does Alex have a valid entrapment defense?
ANSWER
a. Yes, because the overt act took place before the undercover agent made the purchase.
b. Yes, because the overt act of making the sale was in furtherance of the agreement.
c. No, because the overt act of making the sale took place before the agreement.
d. No, because Alex was in the business of being a fence.

Answer 2

d. No, because Alex was in the business of being a fence. CORRECT: Alex was predisposed.

Question 3

If a person knowingly or intentionally possesses a controlled substance , unless the substance was obtained directly pursuant to a valid prescription or order from a practioner for use in treating an ailment they can be charge with?

Answer 3

21 U.S.C. 844 (Possession)

Question 4

What is actual possession?

Answer 4

The person physically possesses and controls the substance on their person

Question 5

What is constructive possession?

Answer 5

a person is not in actual physical contact with the substance, but has the power and intention to exercise direction and control over it.

Question 6

If a person knowingly or intentionally manufactures, distributes, or dispenses or posses with intent to manufacture, distribute or dispense a controlled substance they can be charged with?

Answer 6

21 U.S.C. 841 (Distribution)

Question 7

the act of Gov’t officers or their agents inducing a person to commit a crime not contemplated by that person, for the purpose of prosecuting that individual is known as

Answer 7

Entrapment

Question 8

An entrapment defense has what 2 components?

Answer 8

1. Gov’t inducement of the defendant to commit the crime

2. Lack of predisposition by the defendant to commit the crime

Question 9

Requesting, asking, suggesting, overbearing persuasion, fraudulent representations, threats coercive tactics, harassments, promises of reward, or pleas based upon need sympathy or friendship are all forms of

Answer 9

Inducement

Question 10

what are some permitted inducements?

Answer 10

1. Use of decoys
2. payments of reasonable amounts of money
3. assistance in facilitating the commission of the crime by providing equipment or supplies

Question 11

What are some prohibited inducements?

Answer 11

1. Threats against well-being of the target’s family
2. Extreme appeals to the sympathy or emotions of the solicitated target
3. Offers of unreasonable amounts of money
4. Continuous pressure
5. Violent demonstrations

Question 12

When a defendant is presently ready and willing to commit the crime they have?

Answer 12

Predisposition

Question 13

If a person regarding certain federal matters, knowingly or willingly, makes a false material statement or conceals or covers up a material fact, or makes or uses a document containing a false material statement they can be charged with?

Answer 13

18 U.S.C. 1001 (False Statements)

Question 14

a routine DUI checkpoint stop, John Doe was arrested for drinking one to many alcoholic drinks. His car was searched incident to the arrest and the police found two ounces of cocaine under the passenger seat. What must the government prove to convict John Doe for possession of this controlled substance?

a. The government only has to prove the substance car was cocaine.
b. The government only has to prove the substance was in possession of John Doe.
c. The government only has to prove John Doe knew it was illegal to possess cocaine.
d. The government only has to prove the substance knowingly or intentionally possessed by John Doe was the controlled substance, cocaine.

Answer 14

d. The government only has to prove the substance knowingly or intentionally possessed by John Doe was the controlled substance, cocaine. CORRECT: The government must prove John Doe knowingly or intentionally possessed cocaine, a controlled substance.

Question 15

Determine if a substance the police found in a search incident to arrest is a controlled substance, the government will rely upon:

a. The schedules set forth in Title 21 United States Code.
b. The suspect to tell them if the controlled substance is controlled or not.
c. The international encyclopedia of controlled substances.
d. The Code of Federal Regulations published by the Federal Government

Answer 15

a. The schedules set forth in Title 21 of the United States Code. CORRECT: A substance is a controlled substance if it is found in the scheduled of controlled substances found in Title 21 of the United States Code.

Question 16

Pursuant to a search warrant, the police found in John Doe’s apartment 10 kilos of a substance that was later determined to be cocaine. To convict John Doe of possession with intent to distribute cocaine, the government will have to prove

a. John Doe was in possession of the cocaine.
b. John Doe intentionally possessed the cocaine.
c. John Doe knowingly possessed the cocaine.
d. John Doe knowingly or intentionally possessed with intent to distribute cocaine which is a controlled substance under the schedules listed in Title 21 of the United States Code.

Answer 16

d. John Doe knowingly or intentionally possessed with intent to distribute cocaine which is a controlled substance under the schedules listed in Title 21 of the United States Code. CORRECT: This identifies all the elements of the offense which must be proven beyond a reasonable doubt.

Question 17

Tom sees Bob putting some of their office government computers into the trunk of his personal vehicle. Tom, thinking that Bob is stealing the computers, calls the local FBI office to report the theft. The FBI, as a result of a simple investigation, determines there was no theft, as Bob was simply taking the computers to the disposal office for turn-in prior to the office receiving new computers. Based on these facts, Tom can be charged with:
ANSWER
a. Making a False Statement.
b. Perjury.
c. Filing a False Claim.
d. Nothing.

Answer 17

d. Nothing. CORRECT: Tom’s statement was the truth, as he knew the facts. Tom did not lie – he honestly thought Bob was stealing office government computers.

Question 18

Bubba calls the Secret Service and says he knows about a plot to kill the Attorney General of the US. This conversation is oral, and is not recorded, and not sworn. The Secret Service discovers that there is no plot to kill the Attorney General, Bubba made the whole thing up to get attention from his girlfriend. Has Bubba committed a federal offense under 18 U.S.C. §1001.
ANSWER
a. No, because Bubba’s statement that caused the government’s investigation was not sworn.
b. No, because Bubba’s statement that caused the government’s investigation was not recorded.
c. Yes, because Bubba knew his motive that caused the government’s investigation was to impress his girlfriend.
d. Yes, because Bubba’s statement that caused the government to investigate was known by Bubba not to be true.

Answer 18

d. Yes, because Bubba’s statement that caused the government to investigate was known by Bubba not to be true. CORRECT: Bubba made a false material statement, because he knew the statement was not true and that his statement caused the government to investigate the falsehood.

Question 19

Bob, being lawfully interviewed while in custody by a federal criminal investigator, was asked if he committed the crime. Bob answered “NO.” However, the investigator found overwhelming evidence, to include a video of the event, that Bob had in fact committed the crime. Has Bob committed an offense under 18 U.S.C. §1001, False Statements.
ANSWER
a. No, because Bob, as a suspect, has a right to silence and does not have to talk to the police.
b. No, because providing alibi information is not a false statement.
c. Yes, because suspects in custody who lie about anything commit false statement offenses.
d. Yes, because Bob lied to police about something the police need to know regarding the offense commits a false statement.

Answer 19

d. Yes, because Bob lied to police about something the police need to know regarding the offense commits a false statement. CORRECT: False material statements are offenses under the statute. Lying to police, to include making an exculpatory “No” statement about something the police need to know is a material false statement. If Bob did not want to commit the offense, all he had to do was to remain silent.