LEG 320 Week 10 Quiz – Strayer

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Quiz 10 Chapter 18 and 19

ORGANIZED CRIME AND GANGS

MULTIPLE CHOICE

1. Any fraudulent scheme that uses any interstate delivery services can be prosecuted as a felony under the

a. “mail fraud act”b. “bank fraud act”c. “wire fraud act”d. none of these answers is correct

484

2. A scheme defined to include a scheme to deprive another of the “intangible right of honest services” is known as a

a. wire fraudb. mail fraudc. bank fraudd. loan fraud

484

3. Which of the following are ways of laundering money?a. gold purchasesb. purchases of cashier’s checksc. wire transfersd. all of these

476-478

4. What is the name of an underground banking system used to launder money?a. Hawalab. RICOc. Mirandad. CTR

476-477

5. In 1970, Congress enacted the RICO law. What does RICO stand for?a. Racket Induced Criminal Operationsb. Racketeer Influenced and Corrupt Organizationsc. Racketeer Influenced Commercial Operationd. Racket Induced Criminal Organization

472

6. To obtain a conviction under RICO, the government must prove that the defendanta. is part of a continuing criminal enterpriseb. has committed at least three feloniesc. has invested illegally obtained fundsd. is a member of the Mafia

472

7. The primary purpose of RICO laws is to strike at the source of the economic power ofa. terrorist organizationsb. illegal business monopoliesc. manufacturers of counterfeit goodsd. organized crime

472

8. For the purpose of money laundering statutes, profits gained from unlawful activities are known as

a. proceedsb. receiptsc. markersd. tickets

476-477

9. One of the benefits of the passage of the RICO ACT was that it enabled prosecutors to charge all people engaged in unlawful activity who own or invest in an enterprise that affects

a. interstate commerceb. the federal governmentc. state taxesd. banking

474

10. If the underlying criminal acts do not affect interstate commercea. the federal government has no jurisdiction to prosecuteb. the federal government still has jurisdiction to prosecute under special provisions

of the RICO statutec. the federal government can engage in a joint prosecution with the stated. the state government can elect to turn the case over to federal officials

11. One of the benefits of the passage of the CCE Statute was that it enabled prosecutors to charge peoplea. whose actions enable a criminal enterprise to functionb. aided and abetted the mafiac. with tax evasiond. who cross state lines when committing crimes

472

12. Which of the following statements regarding the federal witness protection program is true?

a. The program was created during the period of Prohibition in the U.S.b. Since being established, the program has seldom been used.c. The program is utilized in both federal and state prosecutions.d. The program applies to witnesses, but not their families.

475-476

13. Which of the following statements regarding the Federal Victim and Witness Protection Act is FALSE?

a. The Act was passed by Congress in 1982.b. This statute created the crime of witness tampering.c. Tampering is a crime only if the witness testifies in a criminal trial.d. All of these are true statements.

475-476

14. Which of the following statements regarding money laundering is FALSE?a. The USA PATRIOT Act toughened money laundering laws.b. It is the world’s third largest business.c. Money laundering is a crime only on the federal level.d. Sentences for cash smuggling have been increased.

476-478

15. The RICO laws focus on the conspiratorial nature of

a. organized crimeb. white collar crimec. burglaryd. wire fraud

16. The practice of keeping payments for expensive items under the amount requiring a currency transaction report to launder illegal money is called.a. smurfingb. riggingc. switchingd. wiring

478-480

17. To obtain a RICO or “little RICO” conviction, the prosecution must prove which of the following?

a. that the enterprise existed and was engaged in racketeering activityb. that the defendants were members of the racketeering enterprisec. two or more incidents of racketeering conduct “that have the same or similar

intents, results, victims, or methods of commission”d. all of these

472

18. Which of the following criminal acts qualify as “predicate acts” under the RICO laws?a. drug traffickingb. mail fraudc. witness tamperingd. all of these criminal acts qualify

472

19. What federal statute permits prosecution under that act if the extortion can be shown to interfere with interstate commerce?

a. the Travel Actb. the Hobbs Actc. the Bribery Actd. the Extortion Act

481

20. What act requires banks, businesses, and financial institutions to report large cash transactions?

a. National Money Laundering Act

b. Currency Transaction Reporting Actc. Large Cash Transaction Actd. Prevention of the Laundering Illegal Proceeds Act

21. RICO and CCE laws have been successfully used to stop which of the following?a. illegal activities by anti-abortion groupsb. stock exchange violationsc. porn shop violationsd. all of these

472-474

22. The Supreme Court has ruled that for the federal RICO law a “criminal enterprise” meansa. association in factb. formal businessc. informal businessd. formal structure

473

23. The federal RICO statute permits federal prosecutions based on criminal acts that would normally fall under

a. state criminal jurisdictionb. district court criminal jurisdictionc. appellate criminal jurisdictiond. county criminal jurisdiction

472-474

24. The witness protection program created in 1970 provides new identities and relocation for witnesses

a. and their families in both state and federal criminal prosecutions of organized crime

b. and their families in federal criminal prosecutions of organized crimec. in both state and federal criminal prosecutions of organized crimed. and their families in state criminal prosecutions of organized crime

475-476

25. What act did Congress pass in 1982 related to the witness protection program?a. the Federal Victim and Witness Protection Actb. the Federal Victim Protection Actc. the Federal Witness Protection Act

d. none of these

476 26. According to the U.S. Supreme Court, under the money laundering statute, proceeds can bea. profitsb. receiptsc. profits or receiptsd. none of these answers

478

27. Any fraudulent scheme that uses an interstate delivery system may be prosecuted as a felony under

a. the federal mail fraud statuteb. a state criminal fraud lawc. both the federal mail fraud statute and state criminal fraud lawd. neither the federal mail fraud statute nor a state criminal fraud law

484

28. Illegal profits can NOT be laundered through the purchase of which of the following?a. homesb. jewelryc. carsd. drugs

476-477

29. When it comes to prosecuting organized crimea. there is no advantage to a federal versus state prosecutionb. state law usually offers more advantages than federal lawc. the jurisdiction that can prosecute most quickly will more likely be the

best venued. there are advantages to a federal over a state prosecution

483

30. Legislation that can be used to prosecute those involved in criminal activities that cross state borders or involve foreign commerce is known as the

a. travel actb. wire actc. bank actd. fraud act

480-481

TRUE/FALSE

1. The federal RICO removes the jurisdictional requirement that the racketeering activities affected interstate commerce.

2. Money can be laundered by taking it to another country.

3. Prior to 1970, attempts to prosecute groups known as the mafia were largely unsuccessful.

4. Federal and state RICO laws generally require the government to prove that the defendants committed or conspired to commit acts of racketeering.

5. The federal RICO statute permits federal prosecutions based on criminal acts that would normally fall under state criminal jurisdiction.

6. Organized crime and gang members often used bribery and extortion of witnesses to present witnesses from testifying.

7. The Mail fraud act is a federal law used to combat organized crime.

8. The process by which criminals seek to disguise the illicit nature of their proceeds by introducing them into the stream of legitimate commerce is known as money washing.

9. The grand jury system makes prosecution in federal courts advantageous.

10. There is one type of immunity provided to federal grand jury witnesses.

COMPLETION

1. A RICO conviction requires proof that an enterprise existed that engaged in activity.

2. Most courts now hold that any effect on commerce satisfies the RICO

3. Money can be by buying cash or bearer instruments.

4. Federal jurisdiction is possible under RICO if the underlying acts affect commerce.

5. Witness is a crime whether the witness plans to testify in a criminal trial or a civil trial.

6. Proceeds for purpose of the money statutes means profits gained from unlawful activities.

7. The Act can be used to prosecute those involved in criminal activities that cross state borders or involve foreign commerce.

8. The federal statute, known as the Act, permits prosecution under that act if the extortion can be shown to interfere with interstate commerce.

9. Federal court rules make prosecution in federal courts advantageous.

10. The acronym CTR stands for currency reports.

CHAPTER 19IMMIGRATION CRIMES, CONTEMPT, AND OTHER CRIMES AGAINST GOVERNMENT

MULTIPLE CHOICE

1. Contempt requires a showing of what kind of disregard of the authority of a court or legislative body?

a. willfulb. negligentc. recklessd. accidental

2. The purpose of civil contempt is to

a. punish the defendantb. compel the defendant to carry out the court’s orderc. allow the defendant to challenge the court’s orderd. none of these

3. Which of the following is one of the purposes of the charge of criminal contempt?a. to punish the defendant for wrongdoingb. to compel the defendant to carry out the court’s orderc. to allow the defendant time to appeald. to deter others

4. In 2010 Arizona passed a state statute aimed ata. illegal immigrantsb. resident aliensc. legal immigrantsd. minorities

5. In 2010 Arizona passed a state statute which requires persons to carry valida. immigration documentsb. driver’s licensesc. birth certificatesd. proof of residency

6. Direct contempt is that whicha. directly challenges the authority of the court or legislative bodyb. occurs in the presence of the judge or legislative bodyc. may be punished following a trial on the issued. directly affects the defendant

7. Constructive or indirect contempt is that whicha. does not occur in the presence of the court or legislative bodyb. is done without wrongful intentc. occurs in the presence of the judged. may be punished summarily

8. In July of 2010 a federal judge issued a preliminary injunction blocking these provisions of the Arizona immigration law, agreeing with the U.S. Justice Department that immigration enforcement laws were within the exclusive power of the

a. federal governmentb. Supreme Courtc. U.S. Militaryd. state government

9. An individual may not be held in contempt unless it can be shown thata. the person was warned after the first occurrenceb. the judge personally witnessed the wrongdoingc. the judge provided the person an opportunity to apologized. the person acted with some sort of wrongful intent

10. Constructive contempt is also known asa. situational contemptb. indirect contemptc. circumstantial contemptd. common contempt

11. How do illegal immigrants enter the United States?a. walk across the borderb. on boatsc. as studentsd. all of these

12. Which of the following conduct is a felony under immigration laws?a. failure to notify of change of addressb. failure to registerc. making false statementsd. harboring illegal aliens

13. Which of the following conduct is a misdemeanor under immigration laws?a. first illegal entryb. reentry of deported alienc. second illegal entryd. aiding subversive alien to enter

14. What kind of violation is required for criminal prosecutions under the Clean Air Act?a. knowinglyb. willinglyc. specificallyd. intentionally

15. In what case was the definition of “knowingly” decided for purposes of the Clean Air Act?

a. United States v. Rubensteinb. Holland v. United Statesc. People v. Hollingsheadd. Richard W. Miller

16. The immigration laws make it a crime toa. make a false entry into this countryb. assist others to make an illegal entry in this countryc. hire an illegal alien.d. all of these

17. Extortion by public employees or officials is a violation of thea. Jones Actb. Smith Actc. Hobbs Actd. Locke Act

18. For a gift to a public official to be illegal, the gift must bea. given specifically for favorable treatment in the futureb. given or received specifically for favorable treatment in the future, the exact

nature of the return must be expressed.c. received specifically for favorable treatment in the futured. none of these

19. Summary contempt convictions require that the contempta. occurred in the presence of the judgeb. occurred in the courtroomc. occurred during a triald. occurred in the presence of a courtroom actor

20. Susan McDougal was convicted of felony offenses for failure to answer grand jury questions pertaining to the

a. Watergate investigationb. Whitewash investigationc. Whitewater investigationd. Westminster investigation

21. There is no contempt unless there is some sort ofa. wrongful intentb. criminal intentc. maliciousd. knowledgeable intent

22. Which of the following may use civil or criminal contempt?a. divorce casesb. child custody casesc. criminal casesd. all of these

23. Which of the following acts require a “knowingly” element to be violated?a. the Clean Air Actb. the Clean Water Actc. the Clean Air Act and the Clean Water Actd. none of these answers is correct

24. What usually happens to most of the people detained annually for violation of United States immigration laws?

a. they are removed to their home countriesb. they are incarcerated in jailc. they are incarcerated in prisond. they are incarecreated in jail and then removed to their home countries

25. What is the usual limit under federal law, 28 U.S.C. § 1826, on the period a person can be held in jail for civil contempt for refusal to obey a court order?

a. 18 monthsb. 24 monthsc. 36 monthsd. 48 months

26. What is the name of the crime of knowingly and materially testifying falsely while under oath?

a. perjuryb. subornation of perjuryc. misprision of felonyd. misprision of perjury

27. Little was done to regulate disposal of hazardous waste until what decade?a. 1950sb. 1960sc. 1970sd. 1980s

28. Which of the following statements regarding environmental crimes is FALSE?a. All states have enacted environmental laws.b. All states have authorized agencies to enforce environmental laws.c. Federal environmental laws are civil, not criminal, in nature.d. Vigorous enforcement of environmental laws is a top priority.

29. What is the difference between contempt and summary contempt?a. summary contempt occurs in the presence of the judgeb. summary contempt occurs in the presence of the juryc. summary contempt occurs in the presence of the attorneysd. summary contempt occurs in the courtroom

492-493

30. Attempts to thwart illegal immigration include which of the following?a. wallsb. camerasc. electronic monitoring devicesd. all of these

TRUE/FALSE

1. Contempt is the willful disregard of the authority of a court of law or of a legislative body.

2. Contempt may be used in criminal cases, but not in civil cases.

3. Not every gift, favor or contribution to a government or political official constitutes bribery.

4. Summary contempt is proper for all kinds of contempt.

5. There is no contempt unless there is some sort of wrongful intent.

6. Direct contempt may NOT be punished summarily.

7. The crime of subornation of perjury is committed when another person is induced or knowingly permitted to testify falsely.

8. Obstruction of justice may be a violation of federal or state law.

9. Until the 1990s, little was done to regulate disposal of hazardous waste.

10. It is a federal crime to use marriage as a means of evading the immigration laws of the United States.

COMPLETION

1. Acts that delay, impede, or frustrate the functioning or the dignity of a court or legislative body may be held to be in __________ of that body.

2. In order to compel a person to do something she is obligated to do, a court may hold the person in __________ contempt.

3. The offense of of justice seeks to protect the judicial system, both civil and criminal, from intentional acts that would hinder, corrupt, or impede the functioning of the system.

4. Deliberate tax and tax fraud are generally punished as crimes

5. States often make failure to report for duty when summoned a crime.

6. A witness who knowingly and materially testifies falsely while under oath commits the crime of __________.

7. Encouraging or paying someone to commit perjury is the crime of __________ of perjury.

8. A person who gives or sells national military or defense secrets to a foreign nation, for example, has committed the felony offense of ________.

9. In the 1980s and 1990s, laws were enacted to protect public health and the quality of the __________.

10. It is a crime to use marriage as a means of evading the immigration laws of the United States.