UNIT 4 Flashcards
1
Q
tax fraud
felony
A
an attempt to evade or defeat a tax
nonpayment of a tax
willful filing of a fraudulent tax return
2
Q
the defendant’s awareness that he or she had no right to kill but intended to kill anyway
A
malice
3
Q
burglars and thieves depend on a network of ______ to turn stolen property into cash
A
fences
4
Q
a person has caused the death of another unintentionally but recklessly by consciously disregarding a substantial and unjustifiable risk that endangered another person’s life.
A
involuntary manslaughter
5
Q
Police responding to domestic disturbance calls typically do not make an arrest unless …
A
the assailant is drunk, has caused serious injury, or has assaulted the officers.
6
Q
involves receiving stolen property
A
Fencing
7
Q
Serial killers are… ____ ___ ___ ___
A
sociopaths, not mentally insane.
8
Q
The taxes that go uncollected each year are estimated to exceed ___ ______
A
$100 billion.
9
Q
Auto insurance scheme:
All parties to the “accident” are part of the scheme
A
intended accidents
10
Q
Until recently, spousal abuse was perceived as a problem more of ____ ____ than of criminal justice.
A
social service
11
Q
Why is churning so difficult to prove?
A
Brokers typically are allowed some discretion (freedom of choice).
Therefore, unless the client has given the broker specific instructions in writing, a claim of churning often amounts to no more than the client’s word against the broker’s.
12
Q
Over the past 50 years, there has been a nearly ____ _____ in the number of massacres, to between 7 – 8 annually.
A
tenfold increase
13
Q
a resort to violence or a threat of violence on the part of a group seeking to accomplish a purpose against the opposition of constituted authority.
A
terrorism
14
Q
a violation of the law committed by a person or group of persons in the course of an otherwise respected and legitimate occupation or business enterprise
A
white collar crime
15
Q
How do gang homicides differ from non-gang homicides?
A
ethnicity [more likely to be intra-ethnic]
age [gang killers are five years younger]
number of participants [2½ times as many participants]
relationship between the participants [gang killers are twice as likely not to know their victims]
16
Q
Examples:
Medicare fraud
Misuse of clients’ funds by lawyers and brokers
Substitution of inferior goods
A
occupational crimes
17
Q
In an attempt to protect people from their own greed, a few fraud statutes have included a statutory offense called ______ _____.
A
confidence game
18
Q
During the first five years of its existence, the EPA referred only ___ cases to the U.S. Department of Justice for criminal prosecution
A
130
only 6 of those involved major corporate offenders
The government actually charged only one of the corporations
19
Q
____ _____ known about the extent of economic criminality in the United States (it is worse in other countries).
A
Very little
There is no national database for the assessment of corporate criminality
Corporations are not likely to release information about their own wrongdoing.
20
Q
Over __% of all corporations convicted in federal court over the past two decades had fewer than __ employees.
A
90, 50
21
Q
The US ranks 3 (out of 73 countries) for the number of murders committed by _____
A
youths
22
Q
three categories of criminal homicide
A
murder
manslaughter
negligent homicide
23
Q
Many homicidal victims had actually ____ _____ _____ _____ that led to the homicidal response, in either a direct or subliminal way.
A
initiated the social interaction
24
Q
The murder rate in the United States is
A
high, but steadily declining
25
types of assault
Simple assault: inflicts little or no physical hurt
| 2. Felonious assault (aggravated assault): the perpetrator inflicts serious harm on the victim or uses a deadly weapon.
26
The corporation thus is an entity _______ from the people who own or manage it.
separate
This convenient form of pooling resources for commercial purposes, with a view toward profiting from one’s investment, has had a significant impact on the development of the United States as a commercial and industrial power.
Millions of wage earners whose savings or union funds are invested in corporate stocks and bonds reap payments from such investments in the form of income or retirement benefits.
27
when physicians refer patients to several practitioners when symptoms do not warrant such referrals.
ping-ponging
28
occurs in the context of a residential facility, such as a nursing home, in which paid caregivers or other staff are the perpetrators
institutional elder abuse
29
Homicide:
__% of the victims were in intimate relationships with their killers
__% were friends and acquaintances
__% were the offenders’ own children
44, 26, 11
30
Auto insurance scheme:
| Parts of a car are removed, reported stolen, and later replaced by the owner.
Staged claims
31
A “_______” is an artificial person created by state charter.
corporation
The charter provides a corporation with the right to engage in certain activities (to buy and sell certain goods, for example.)
The charter limits the liability of the persons who own the corporation (the shareholders) to the extent of the value of their investment (their shares).
32
many states have created an additional category to establish criminal liability for grossly negligent killing in situations where the offender assumed a lesser risk.
negligent homicide
33
The _____ _____ frequently do not talk about their abuse for fear of the embarrassment of public exposure and possible retaliation by the abuser.
abused elderly
34
Three elements of larceny
There must be a trespass.
The property must be taken.
The property must belong to another
35
A significant percentage of all homicides occurs among _____ _____ _____
relatives and acquaintances
36
tax fraud
| tax evaders often use faked invoices, create fictitious expenses, conceal assets, and destroy books and records
faking forms
37
True or False:
| There is no central storehouse for data on the number of cases of corporate crime in either state or federal courts.
True
38
JEOPARDY QUESTION:
Some research suggests that the motive may be psychological pain, anger, revenge, need for attention, malicious mischief, or excitement.
Why do children set fires
39
involves a profitable corporation that is well positioned in the market, but is forced into bankruptcy after new owners have bilked (cheated, deceived, swindled) the corporation of all of its money and assets
successful-business scam
40
______ were the most frequent targets (45 percent) of arson.
Buildings,
23 percent of the targets were mobile property (motor vehicles, trailers, etc.)
31 percent were crops and timber
The annual estimated property loss is well over $2 billion
41
common bankruptcy scams
successful business scams
old-company scam
new-company scam
similar-name scam
42
manslaughter may be ______ or _______
voluntary, involuntary
43
The United Nations revealed that the average rate of intentional homicide was
7. 2 per 100,000 for developed (industrialized Western) countries
3. 5 per 100,000 for developing countries.
44
When there is capital punishment, the homicide rate is ______.
higher
45
On average, between ___ and ___ corporations are convicted each year in federal courts for offenses.
200, 350
46
most notorious serial killers are men, female serial killers...
do exist.
They are considered to be more difficult to apprehend
They tend to have more complex motivations (when compared to men)
47
The ___ ____ and the _____ have low homicide rates.
very young, elderly
48
The most common reason given for failure to report a domestic assault to the police was that...
the victim considered the incident a private matter.
49
About _ in _ couples experiences at least one physical assault during the year
1 in 6
50
illicit trade in objects with artistic or historic significance
Art theft
51
Insider-related fraud
| Not only goods and services are taken; ____ and ______ are at risk as well.
time, money
52
Firearm-related crime is ____ prevalent in the United States than in other developed Western nations.
more
53
theft, stealing
Larceny
54
Auto insurance scheme:
| The car is reported stolen; it is stripped by the owner, and the parts are sold.
Owner dumping
55
In a sense, confidence games are an aggravated form of obtaining property by false pretenses (_____ ____ _____).
gaining from lying
56
The most severe punishments are reserved for arson of _______, because of the likelihood that persons in the building may be injured or die.
dwellings
57
. Provided the first scholarly account of white-collar crime.
He defined it as crime “committed by a person of respectability and high social status in the course of his occupation.”
Sutherland
| 1940
58
An attack that results in touching or striking the victim
battery
59
The essence of the offense is that the offender gains the confidence of the victim, induces in the victim the expectation of a future gain, and–by abusing the trust thus created the victim, part with some property.
confidence game
60
The majority of researchers consider __ the age at which an individual falls into the category “elderly.”
65
61
cooperating with authorities, creating an ethics code, hiring ethics officers, etc.
organizational due diligence
62
a practice in which doctors direct patients to the clinic’s pharmacy to fill unneeded prescriptions.
steering
63
categories of computer crime
1. the computer can be used as a storage or communication device whereby information can be created, stored, manipulated, and communicated electronically.
Example is financial records kept on a drug dealer’s computer.
2. the computer can be used as an instrument or a tool of crime.
Example: the computer is used to create counterfeit money or official documents
3. the computer can be used as a weapon to commit attacks on the confidentiality, integrity, and availability of information, including theft of information, theft of services, and damage to computer systems.
Example: spreading computer viruses
64
Securities-related crimes
2. Bankruptcy fraud
3. Fraud against the government
4. Consumer fraud
5. Insurance fraud
6. Tax fraud
7. Bribery, corruption, and political fraud
8. Insider-related fraud
categories of white-collar offenses committed by individuals
65
the killing of one human being by another
homicide
66
In England, such crimes (fraud) owed their existence to the interaction of five circumstances:
1. the advancement of trade and commerce
2. the inventiveness of swindlers in exploiting these economic advances
3. the demand of merchants for better protection
4. the unwillingness of the royal courts to expand the old concept of larceny
5. the willingness of Parliament to designate new crimes in order to protect mercantile interests.
67
Though people have learned through the ages to be wary of strangers on the street, they have not yet learned to protect themselves against ____ ________
vast enterprises.
68
The estimated number of motor vehicle thefts ______ 7.4 percent when compared with data from 2009, 38.5 percent when compared with 2006 figures, and 40.0 percent when compared with 2001 figures (UCR).
declined
69
The number of aggravated assaults has ______ in recent years
declined
70
The financial cost of gunshot injury and death, in terms of medical costs, lost productivity, pain, suffering, and reduced quality of life, was estimated at ....
over 60 billion each year.
71
In most murders of a child under age 15...
a family member killed the child
72
Sutherland’s definition is not entirely satisfactory:
White-collar crime can be committed by a corporation as well as by an individual.
73
_____ is the most common of all violent crimes reported to the police.
Assault
74
One-half of the incidents of domestic assault are ___ ________.
not reported.
75
filing fraudulent health insurance claims
Medical fraud
76
Similarities between homicide and serious assaults:
Both typically are committed by young males
2. Disproportionate number of arrestees are members of minority groups
3. They know their attackers
4. They are highest in urban areas, during summer months, in the evening hours, and in the South
77
a person who buys stolen property for resale on a regular basis
fence
78
when a patient is billed for services more extensive than those that were actually performed
upgrading
79
Robbery is a _____ crime as well as a _____ crime;
property, violent
a combination of the motive for economic gain and the violent nature is what makes it so serious.
80
Yearly losses attributable to embezzlement are estimated at over __ _______
$1 billion
81
_____ is the most prevalent crime in our society
Larceny
82
About $__ _____ is paid in auto insurance claims annually.
It is estimated that __% of those claims are fraudulent.
60 billion, 10
83
crimes committed by individuals for themselves in the course of rendering a service.
occupational crimes
84
setting fire to the dwelling of another person
arson
85
______ account for the most significant share of arsonists
Juveniles
86
stealing of goods from retail merchants
shoplifting
low-risk offense, low detection rate
87
Fences, or dealers in stolen property, operate much like legitimate businesses: ___ ___ __ ___ __ ____.
They buy and sell for profit
88
the killing of several victims over a period of time
serial murder
89
unlawful killings, without justification or excuse
criminal homicides
90
Auto insurance scheme:
| The car is left in a vulnerable spot for theft; then it is reported stolen
Abandoned vehicles
91
occurs when elderly persons threaten their own health or safety by, for example, failing to provide themselves with proper amounts of food, clothing, shelter, or medication
self-neglect or self-abuse
92
when an older person is maltreated by a person who has a special relationship with the elder, such as a spouse, sibling, child, or friend
domestic elder abuse
93
tax fraud
A person may keep one set of books reflecting actual profits and losses and another set for the purpose of misleading the Internal Revenue Service.
keeping two sets of books
94
a premeditated, deliberate, intentional killing
Murder in the 1st degree
95
Amateur thieves resolve some _______ _____ by stealing
immediate crisis
96
Homicide rates are higher in…
```
poorer countries
more culturally diverse countries
countries which spend less on defense
less-democratic societies
countries where fewer young people are enrolled in school
```
97
killing in which killer and victim have had no known previous contact.
stranger homicide
98
Congressional sentencing guidelines significantly increased sanctions for corporate crime, but also allowed companies large reductions in fines where there was evidence of ________ ___ _______.
organizational due diligence
Regulators and prosecutors decline cases involving corporations that demonstrate “a commitment to compliance” and are actively cooperative with authorities.
Reward firms for their proactive, reactive, and cooperative efforts, reserving resources to get the most abusive firms instead.
99
the conversion (misappropriation) of property or money with which one is entrusted or for which one has a fiduciary responsibility.
Embezzlement
100
person who…
lacks internal controls
disregard common values
have an intense desire to dominate others
sociopath
101
the practice of trading a client’s shares of stock frequently in order to generate large commissions.
churning
102
A survey of homicide rates shows that the number of homicides per 100,000 children under age 15 in the United States was __ ____ the number in other countries combined.
5 times
103
Auto insurance scheme:
| No collision occurs, but an "accident scene" is prepared with glass, blood, and so forth
Staged accidents
104
killing committed intentionally but without malice
voluntary manslaughter
105
Many legislators believed _______ was an appropriate concept
| murder
contemplation
106
Auto Insurance scheme:
The perpetrator deliberately causes an innocent victim in a targeted car to crash into his or her car (often in the presence of “friendly” witnesses).
Caused accidents
107
Justifiable Homicide: committed by…
law enforcement officers in the course of carrying out their duties
soldiers in combat
a home owner who has no recourse other than to kill an intruder who threatens the lives of family members
108
it is the victim who, by bodily movement, verbal incitement, or the actual use of physical force, initiates a series of events that results in his or her own death.
May account for as many as 25% - 50% of all intentional homicides.
victim precipitation
109
What makes it so difficult to control corporate crime?
Clinard and Yeager
110
tax fraud
| misdemeanor
will failure to file a tax return
111
the acquisition of the property of another person through cheating or deception
Fraud
112
Fences', or dealers' in stolen property, activity thrives on:
A. an understanding of the law governing the receiving of stolen property
B. cooperation with the law when necessary
C. networking
113
it requires no intention to kill
felony murder
It requires the intention to commit some other felony, such as robbery or rape… and the death of a person during the commission of or flight from that felony.
Even accomplices are guilty of felony murder when one of their associates has caused a death
114
Any scam designed to take advantage of loopholes in the bankruptcy laws
bankruptcy fraud
115
_____ thieves are less detected
professional
116
crimes by one or more employees of a corporation that are attributed to the organization itself
corporate crime
117
an intentional killing without premeditation and deliberation
murder in the 2nd degree
118
the act of copying video images and sound that are protected by a copyright, without the permission or consent of the copyright owner.
Video Piracy
considered art theft
119
an attack on another person that is made with apparent ability to inflict injury and that is intended to frighten or to cause physical harm.
assault
120
______-related thefts of company property are responsible for a significant share of industry losses.
Estimates place such losses between $4 billion and $13 billion each year.
employee
121
opportunities for occupational crimes have _______
increased
122
```
For example:
A woman (A) sees a shiny object lying on the sidewalk. As she stoops to pick it up, a man (B) grabs it. A dispute ensues over who should have the “lost diamond ring.” A third person (C) comes by and offers to mediate. He happens to be a jeweler, he says. C takes a jeweler’s loupe out of his pocket, examines the diamond ring, and pronounces it worth $500. At this point, B generously offers his share in the ring to A for a mere $100. A pays–and gets what turns out to be a worthless object. By the time she discovers this fact, B and C are long gone.
```
confidence game
123
Example: Consumers are often lured into a store by an announcement that a product is priced low for a limited period of time. Once in the store, the customer is told that the product is sold out, and he or she is offered a substitute, typically of inferior quality or at a much higher price.
deceptive advertising
124
the killing of multiple victims in one event or in very quick succession.
mass murder
125
: Unlawful entry into a structure (criminal trespass) to commit a felony or theft
Burglary
126
tax fraud
| In order to avoid detection, tax evaders often shift funds continually from account to account, from bank to bank.
shifting funds
127
in the U.S., the rate of larceny is extraordinarily _____
high
128
Elimination of capital punishment ____ ____ ____ ____.
decreases the homicide rate
129
monitors plant discharges all over the United States
It requires environmental impact studies so that any new development that would significantly affect the environment can be prevented or controlled.
Environmental Protection Agency (1969)
130
the intentional killing of another person with malice aforethought.
murder
131
: the unlawful killing of another person without malice.
manslaughter
132
JEOPARDY QUESTION:
the openness of our society
the ease of travel
the availability of firearms
the lack of external controls and supervision
the general friendliness and trust of Americans in dealing with each other and with strangers.
How can one be influenced by the social environment in which they function?
133
Corporations exert enormous political power in the shaping and administration of the laws that govern their conduct.
Especially with multinational corporations that wish to operate __ ________ _______.
in developing countries.
Developing countries’ governments see the promise of jobs and development by a giant corporation.
They would rather have employment opportunities that pollute air and water… than unemployment in a clean environment.
Government officials can be bribed to create or maintain a legal climate favorable to the business interests of the corporation, even though doing so may be detrimental to the people of the host country.
134
when a doctor extends several unnecessary services to all members of a patient’s family.
family ganging
135
”): offering a consumer an inferior product at a higher price as a substitute for a product that is out of stock.
Deceptive advertising (bait-and-switch advertising)
136
Victim precipitation is more often seen in cases where ____ kill their ____ (as opposed to incidents in which ____ kill their ____).
However, ____ tend to be more violent than ____ in their killing methods.
women, husbands
men, wives
males, females
137
The population of elderly people has ____ _____ over the decades
grown larger
1900. 4%
2006. 12%
Every day 1,000 are added to the population category.
138
John Cronklin identified four types of robbers
The professional robber: carefully plans and executes a robbery, often with many accomplices; steals large sums of money; and often has a long term, deep commitment to robbery as a means of supporting a hedonistic lifestyle
The opportunistic robber: most common; targets victims for small amounts of money (20$ or less)
The addict robber: addicted to drugs, wants just enough money or a fix, and may or may not carry a weapon.
The alcoholic robber: does not plan his or her robberies, usually robs people after first assaulting them, takes few precautions, and is apprehended more often than other robbers.
139
Examples:
Phony payrolls
Fictitious overtime charges
False claims for business-related travel
insider-related fraud
140
___ ____ ____ is the largest property crime in the U.S.
Motor vehicle theft
141
billing for superfluous and unnecessary tests and other services.
overutilization
142
The closer the family relationship to the victim (e.g., mother and child),
the more passive the form of homicide (e.g., asphyxiation or abandonment)
143
consumer fraud often appears as _______ ______
confidence games
144
the act of causing a consumer to surrender money through deceit or a misrepresentation of a material fact.
consumer fraud
145
____ ______ ____ ___, passed by Congress in 1890, authorized the criminal prosecution of corporations engaged in monopolistic anti-competitive practices.
The Sherman Antitrust Act
