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EXAM QUESTIONS
CHAPTER 9: WHITE-COLLAR AND ORGANIZED CRIME
TRUE/FALSE:
1. In prosecuting white-collar crimes in federal court, the government is usually required to
prove that the accused committed the prohibited act “with criminal negligence.”
2. Many statutes defining white-collar crimes provide civil remedies designed to compensate
those who have suffered financial losses as a result of a defendant’s activities.
3. The English common law imposed criminal liability on a corporation but not on its
members.
5. To obtain a conviction for mail fraud, the federal government must prove the defendant’s
specific intent to defraud another party by use of the U.S. mail or some other interstate
commercial carrier.
6. The Double Jeopardy Clause prohibits the government from prosecuting a defendant for a
RICO charge where the defendant has been previously convicted of one or more of the
predicate crimes.
7. The federal RICO statute brings into federal criminal law an offense that was part of
English common law.
8. Intrastate violations of securities laws are generally prosecuted under state statutes that
parallel federal securities laws.
10. Insider trading in violation of federal securities laws usually occurs when a person who
operates “inside” a corporation has access to material non-public information and uses that
information to trade in securities without first disclosing that information to the public.
11. White-collar crimes are nonviolent offenses characterized by deception or abuse of trust.
12. Organized crime in America was at its weakest during the Prohibition era.
13. In prosecuting white-collar crimes in federal court, the government is usually required to
prove that the accused committed the prohibited act “knowingly and willfully.”
14. Today, corporations can be held criminally liable for the acts their agents commit within the
scope of their authority.
15. Price-fixing and bid rigging are among the most common violations of the federal anti-trust
laws.
16. To prove a criminal violation of the Sherman Antitrust Act, the government must establish
that two or more entities formed a combination or conspiracy that produces, or potentially
produces, an unreasonable restraint of interstate in trade or commerce with intent to violate
the law.
17. Federal law currently does not prohibit theft of computer programs or computer fraud.
19. Federal law makes it a crime to use the U.S. mail in furtherance of any fraudulent scheme.
20. A state crime can be used as a predicate act of the racketeering activity charged under
RICO, but only after the offense has resulted in a conviction in a state court.
MULTIPLE CHOICE:
1. Since 1978 nearly every state has enacted laws specifically defining computer crimes, often
including such offense(s) as ______________.
a. theft of computer services
b. computer fraud
c. computer trespass
d. all of these
6. The U.S. _____________ alone is authorized to enforce the criminal sanctions of the
Sherman Antitrust Act.
a. Justice Department
b. Supreme Court
c. Secretary of Commerce
d. None of these
10. Although the government may employ a variety of federal criminal statutes to prosecute
those who commit tax fraud, most prosecutions are based on the _____________.
a. Hobbs Act
b. Sherman Antitrust Act
c. False Statements Act
d. Internal Revenue Code
11. Which one of the following statements concerning the federal RICO law is incorrect?
a. RICO does not criminalize a person for being a racketeer—it criminalizes the person’s
conduct of an enterprise through a pattern of racketeering.
b. A violation of a state criminal law cannot be used as a predicate act under RICO if the
statute of limitations has run out on the prosecution of the state offense.
c. RICO has become a basis for prosecuting white-collar criminals as well as a weapon for
prosecution of organized crime.
d. Unlike other criminal statutes, which are narrowly construed, RICO is intended to be
liberally construed to effectuate its intended purpose.
13. To convict a person of tax perjury, the government must prove that the defendant
________.
a. filed a return containing a written declaration made under penalty of perjury
b. acted willfully
c. did not believe that the return was true and correct as to every material matter
d. all of these
14. A person who uses interstate radio or television facilities to promote a fraudulent scheme to
obtain money or property would likely be subject to federal prosecution under the
__________.
a. False Statements Act
b. Computer Abuse Amendments Act
c. Wire Fraud Statute
d. Securities and Exchange Act
15. To convict a defendant under the Money Laundering Control Act of 1986, the prosecution
must establish that the defendant ________________.
a. had actual knowledge of or was guilty of willful blindness to the criminal acts alleged
b. should have known that the acts alleged by the government were criminal
c. participated in an illegal activity while knowing the law made it an offense
d. had been warned that the defendant’s business associates were under surveillance by
FBI who suspected they might be laundering money illegally in foreign banks
16. Federal statutes require financial institutions to file Currency Transaction Reports with the
Secretary of the Treasury for cash transactions in excess of _____________.
a. $1,000
b. $5,000
c. $10,000
d. $100,000
18. Conduct involving identity theft or fraud may in some instances be a violation of federal
acts that proscribe _____________.
a. credit card and computer fraud
b. wire, radio and television fraud
c. mail fraud
d. all of these
20. Courts have ruled that the _____________Clause of the United States Constitution does not
prohibit the government from prosecuting a defendant for a RICO charge where the
defendant has been previously prosecuted for one of the predicate crimes.
a. Double Jeopardy
b. Equal Protection
c. Self-Incrimination
d. Privileges and Immunities
21. After repealing the Eighteenth Amendment in 1933, organized crime syndicates expanded
their criminal enterprises into _______.
a. espionage
b. narcotics
c. theft of intellectual property
d. all of these
23. The USA PATRIOT Act was designed to deter and punish terrorist acts in the U.S. and
around the world and includes provisions ________________________.
a. creating new categories of offenses proscribing computer hacking
b. criminalizing trafficking in passwords with the intent to defraud
c. creating the crime of domestic terrorism
d. all of these
24. The necessity for the development of statutes to combat organized crime stemmed from the
fact that ______________________________________________________.
a. common law and existing statutory offenses did not address ongoing criminal activities
b. the principal activities of organized crime were not criminal offenses
c. wrongful conduct by white-collar defendants was subject only to civil penalties
d. none of these
25. In some jurisdictions a corporation cannot be held criminally liable for crimes against
persons unless the offense is based on the corporation’s _________ rather than on specific
intent.
a. actual malice
b. negligence
c. willful misconduct
d. strict liability
COMPLETION:
1. Trademark disputes are generally resolved in civil courts, but federal law does provide
criminal penalties for trademark _____________.
ANS: counterfeiting
REF: 248-49 LO: 7
3. Federal statutes prohibit a person from “____________” a transaction with one or more
institutions to evade the requirement that cash transactions in excess of $10,000 be reported
to the government.
ANS: structuring
REF: 254 LO: 8
4. The term _________________ comprises patents, copyrights, trademarks, and trade secrets.
5. ___________ crime involves offenses committed by groups who conduct their business
through illegal enterprises.
ANS: Organized
REF: 235 LO: 1
ANS: Churning
REF: 255 LO: 9
7. Originally most prosecutions under the _______ Act were based on extortion by public
officials by force, violence, or fear. Now prosecutors frequently rely on the act to prosecute
state and local officials based on extortion “under color of official rights.”
ANS: Hobbs
REF: 258 LO: 11
8. To prove __________________ the government must prove: (1) the defendant presented a
claim seeking reimbursement from the government for medical services or goods; (2) that
the claim was false or fraudulent; and (3) the accused knew of the claim’s falsity.
10. A ___________ affords legal protection to authors of original works, which now include
musical, artistic, and architectural works as well as videos, computer software, and
databases.
ANS: copyright
REF: 247 LO: 7
11. By the time __________ was repealed in 1933, organized crime had become involved in
many phases of the economy, often pursuing its interests through illegal activities.
ANS: Prohibition
REF: 257 LO: 1
12. Organized crime figures, sometimes called _____________, frequently conduct their
business through illegal enterprises.
ANS: racketeers
REF: 259 LO: 1
13. White-collar crimes often are prosecuted based on federal statutes enacted by Congress
under its constitutional authority to regulate interstate and foreign __________.
ANS: commerce
REF: 236 LO: 1
14. In 2006, the United States ratified the __________________, a treaty designed to
harmonize national laws and strengthen international cooperation in with respect to
computer crime.
ANS: trademark
REF: 248 LO: 7
17. The _____________ Act prohibits knowingly and willfully making a false statement that is
material to a matter within the jurisdiction of any department or agency of the United
States.
18. The federal ________ law provides for forfeiture of property used in criminal enterprises
and permits the government to bring civil actions against such enterprises.
ANS: RICO
REF: 259 LO: 10
19. A __________ is a federal government grant of the right to exclude others from producing
or using a discovery or invention.
ANS: patent
REF: 246 LO: 7
20. A variety of federal and state statutes criminalize conduct involving misrepresentations,
omissions, _______________, and other aspects of fraud in securities dealing.
CRITICAL THINKING:
Prudence Prim, a famous television game show host, is at a party surrounded by Hollywood
elites. An executive from a major motion picture company, one which has publicly traded
stock, gives her a tip about an upcoming merger with another major motion picture
company. This merger will likely increase the value of stock in each company. Prim
contacts her broker in New York and completes the purchase of shares in both companies
via a U.S. Mail “Express Mail” package. About a year later, the Securities and Exchange
Commission launches an inquiry into all purchases of stock in these companies. Upon
hearing this, Prim sells her shares of stock, and wires the profits to an offshore account in
the hope of concealing the money.
2. By sending her stock transaction to a broker via the U.S. mail, Prudence has:
a. violated the federal mail fraud statute.
b. engaged in money laundering.
c. committed the crime of structuring.
d. committed the crime of identity theft.
3. If Prudence has not declared her stock profits on her income tax return, then she has:
a. engaged in money laundering
b. committed the crime of structuring
c. committed the crime of tax fraud
d. has not committed a crime
4. Let’s say that instead of wiring her profits overseas, Prudence uses the profits to pay off her
debts to the Unlucky Lady casino in Las Vegas. She is aware of the fact that paying her
$100,000 debt at one time will trigger an automatic report to the IRS. So, she decides to
instead make a series of $9,000 payments instead. This could be construed as:
a. structuring
b. churning
c. identity theft
d. insider trading
5. The Supreme Court’s decision in Schmuck v. United States is most relevant to what aspect
of Prudence’s behavior?
a. use of the United States mail
b. se of a wire transfer
c. insider trading
d. whether she paid taxes
Lexicon McCoy runs a brokerage firm in New York City. He amasses a fortune by paying
investors alleged “profits” gleaned solely from money provided by other investors who
6. By shifting money from one investor to another, Lexicon has generated a classic example
of:
a. tax fraud
b. churning
c. insider trading
d. a Ponzi scheme
7. By constantly buying and selling his clients’ stocks for no reason other than to generate
commissions for himself,, Lexicon has engaged in:
a. structuring
b. churning
c. a Ponzi scheme
d. insider trading
ESSAY:
1. Should white-collar crimes be classified as strict liability offenses? Explain your answer.
2. What is identity theft? Why have Congress and the state legislatures enacted specific
criminal prohibitions in this area? Would identity theft be a crime in the absence of these
new prohibitions?
3. What forms of intellectual property are recognized by the criminal law? What specific
offenses has Congress created to protect intellectual property rights?
4. Critics contend that the federal RICO Act is a “catch-all” statute that gives prosecutors too
much discretion to expand the range of indictable offenses. Evaluate this criticism.
5. Why did Congress enact the Sherman Antitrust Act? What types of offenses are typically
charged under the Act? What essential elements must the prosecution prove to find a
corporation guilty of violating the Act?
6. Explain the offense of money laundering. Provide several examples of how it takes place.
What elements of proof are necessary to establish violation of the federal Money
Laundering Control Act of 1986?
8. What constitutional challenges have been leveled against RICO and how have the courts
reacted to such assaults?
9. How does the proscription in RICO that makes it a crime for one who receives income
through collection of an unlawful debt to invest in an enterprise deter infiltration of
legitimate businesses by organized crime?
10. What is a trademark? Why has the government deemed it necessary to criminalize
trademark counterfeiting? What elements must the government prove to establish that a
trademark is counterfeit under the Trademark Counterfeiting Act of 1984?
But, Rupert, I did not know all this at the time when you
were supposed to be dead. I let Dick, who seemed to
be turning out better then, regain his influence over
me. That day on which you came home I had become
secretly engaged to him. This will help to explain what
followed. Really, I was out of my mind and not
responsible. Afterwards, in my distress, I wrote Dick
some foolish letters, which he has held over my head
ever since I refused to have anything more to do with
him. Also, I would have asked your pardon and tried to
make it up with you if I had known where you were
gone. But I did not know, and I was afraid to inquire for
fear of betraying the shameful facts.
EDITH.
This letter produced a great effect upon Rupert, as its writer had
hoped that it would do. When he received it he was already low-
spirited, but after reading it his depression became acute. The
piteous way in which Edith made the best of a bad case; her evident
and honest repentance, and the curious heart-change which, as she
declared and as he half believed, now inclined her towards himself,
all touched him deeply, especially the repentance.
Yet he could not but see that almost every argument she used
might be urged with even greater effect upon behalf of Mea, who
wrote no letters and made no prayer. Why should Mea’s heart be
broken? Why should Mea be left to wander in that lonely wilderness
whereof Edith spoke, or perhaps to take to those common courses of
despair—Mea, who had never offended, who had always played an
angel’s part towards him?
Of course the only answer was that he was married to Edith, and
that he was not married to Mea; that he had taken Edith for better or
for worse, and that to them applied the ancient saying: “Those whom
God has joined together, let no man put asunder.” He knew well
enough in which direction his own feelings lay. Yet, what right had he
to thrust her out, his wife, whom he had asked to marry him? On the
other hand, what right had he to desert Mea, the woman who had
saved and sheltered him?
Rupert was sore perplexed; he could find no answer to these
problems. He wrote a note to Edith thanking her for her letter, the
contents of which he said he was considering, adding that he was
quite well, but she had better still keep away from him for a while.
Then he took a sudden resolution. He would go to Mea, and lay the
whole matter before her.
Once again they sat in that room in which, after weeks of
blindness, he had recovered his sight. His story had been told, the
letter had been read, there it lay upon the ground beside them.
“And now, Rupert,” asked Mea quietly, “what shall you do?”
“I don’t know,” he answered passionately. “I have come to ask
you.”
She looked at him and asked again: “Which is it that you love, your
wife or me?”
“You know well,” he replied. “It is you, and no other woman, you
now and for ever. Why do you make me tell you so again?”
“Because I like to hear it, Rupert,” she said, with her slow smile.
“But it does not make the choice easier, does it? On the one side,
love; on the other your law. Which will win, love or your law?”
“I have come to you to tell me, Mea.”
She looked upwards as though seeking an inspiration, then spoke
again.
“I will be no stumbling-block in your path of righteousness. Was it
for this that I was given to you? Love is longer than your law, Rupert,
and is not that doctrine which we practise named Renunciation? It
seems that those who would reap must sow.”
“What do you mean?” he asked.
“I mean, Rupert, that this woman who has behaved so ill repents,
and what says our Book—the Book you taught me to believe?
‘Judge not, that ye be not judged!’ I mean that since she has kept its
letter, that oath still stands between you and her.”
“Then I must leave you?” he muttered hoarsely.
“Yes, Rupert, I suppose so.”
“And what will become of you then?”
“I,” she replied, with another of her sweet smiles, “oh! what does it
matter? But if you wish to know, I will tell you. I think that I shall die,
and go to wait for you where love remains, and your law is finished.
Shall we agree that together, my Rupert?”
His hands trembled, and the veins swelled upon his forehead.
“I can’t,” he said hoarsely, “God forgive me, I can’t—yet. You are
nobler than I, Mea.”
“Then, Rupert, what?”
“Mea,” he said, “we have still four days. Something might happen
in those four days. Perhaps God may be pleased to help us in some
manner unforeseen. If not, at the end of them I will accept your
counsel, however cruel it may be; yes, even if it kills us both.”
“Good!” she answered, with a flash of her eyes, “such words I
looked to hear you speak, for shall the preacher of a faith fly before
its fires? The sooner we are dead, the sooner will there be an end—
and a beginning.”
“Aye,” he echoed, breaking into English, “an end and a beginning.”
Another two days had gone by, and once more Rupert and Mea
sat together. They were making arrangements for the forthcoming
gathering in the temple; also, he was giving her an account of his
stewardship, he who it seemed must so soon depart. He was ill; he
was troubled. He faltered in his speech, forgetting the Arabic words,
his head bent forwards over the book of accounts. Then suddenly he
placed his hands upon the edge of the table and raised himself with
a smothered exclamation of pain.
“What is it?” she asked wildly, as he sank back into his seat.
“Nothing,” he answered, in a faint voice. “It was as though a sword
passed through me, that is all.”
“Oh! Rupert,” she cried, “you are ill.”
“Yes, Mea,” he said presently, “I am ill. I think that God has shown
us a way out of our troubles, and for that blessed be His name. Mea,
I have the plague. Leave me; leave me at once.”
“Aye,” she answered, setting her lips, “when they take you from
me dead, but never before.”
Two more days and Rupert was dying with the dawn. By his side
knelt Mea, and in a chair at the end of the shadowed room, tears
streaming down her placid face, and the grey-haired Bakhita
crouched crooning at her feet, sat Tabitha. Edith was not there.
Rupert had refused to allow her to be admitted, lest she also should
contract the plague. Sometimes he was conscious, and sometimes
he sank into sleep. His eyes opened, he woke again and turned to
Mea.
“Beloved,” she whispered in his ear, “I have hidden it from all save
Bakhita, but I have that which I must tell you at last. Our merciful
God has called me—I die also. Before midday I follow on your road.
Wait for me, Rupert.”
He smiled, and whispered: “I understand. I will wait—surely,
surely!”
Then he stretched up his arms. She sank into them, and for the
first time their lips met. It was their kiss of farewell—and of greeting.
“Bakhita,” said Mea presently in a clear and ringing voice, “it is
done. Come; tire me in those robes that I have made ready, my
bridal robes. Be swift now, for my lord calls me.”
The stern-faced, aged woman rose and obeyed. Tabitha knelt in
prayer by the corpse of Rupert, and messengers swiftly spread the
news that Zahed had departed from his people. A while later, as high
and shrill the Eastern death-wail broke upon the silence, a door burst
open and in rushed Edith.
“Oh! is it true, is it true?” she sobbed.
Tabitha pointed to the shrouded form of Rupert.
“Come no nearer,” she said, “lest you should die also—you who
are not ready to die.”
The two women, Edith and Mea, stood face to face with each
other; Edith, dishevelled, weeping; Mea, a strange and glorious sight
in the rays of the rising sun that struck on her through the open
window-place. She was clad in silvery robes that flowed about her; in
her weak hand swayed the ancient sceptre of her race, upon her
breast lay a pectoral of Isis and Nepthys weeping over dead Osiris;
above her outspread hair was set that funeral crown worked in thin
gold and enamelled flowers which once she had shown to Rupert.
Her wide eyes shone like stars, and the fever that burned upon it
seemed to give to her mysterious face a richer beauty.
“I greet you, lady,” she said to Edith. “Well have I nursed our lord,
but now he has passed from us—home, and I—I follow him,” and
she pointed over the shattered temple and the wall of mountains
upwards to the splendid sky.
“You follow him; you follow him?” gasped Edith? “What do you
mean?”
By way of answer, Mea tore open her white wrappings and
showed her bosom marked with those spots of plague that appear
only just before the end.
“It was his last and best gift to me,” she cried in Arabic.
“Soon, very soon we two shall have done with separations and
with griefs. Hearken you, his lady according to your law. He had
determined that to-morrow he would have gone back with you whom
he forgave, as I do. But we prayed, he and I—yes, knee by knee we
prayed to our God that He would save us from this sacrifice, and He
has answered to our prayer. Behold! we who have followed the way
of the Spirit inherit the Spirit; and we who renounced, renounce no
more. To me it was given to save his life; to me it is given to share
his death and all beyond it through light, through dark—forever and
forever.
“Way now, make way for Tama who comes to her lord’s bed!”
Then while they gazed and wondered, with slow steps Mea reeled
to the couch upon which the corpse of Rupert lay; uttering one low
cry of love and triumph, she cast herself beside him, and there she
died.
“Now,” said the quiet voice of Tabitha, as she looked upward to
heaven over the ruined temples of a faith fulfilled and the cruel
mountains of our world—“now, who will deny there dwells One
yonder that rewards the righteous and smites the wicked with His
sword?”
FINIS
POLITICAL HISTORY
Cetewayo and his White Neighbours
BOOK OF TRAVEL
A Winter Pilgrimage
NOVELS
Dawn
Beatrice
The Witch’s Head
Joan Haste
Jess
Doctor Therne
Colonel Quaritch, V.C.
Stella Fregelius
ROMANCES
King Solomon’s Mines
She
Allan Quatermain
Maiwa’s Revenge
Mr. Meeson’s Will
Allan’s Wife
Cleopatra
Eric Brighteyes
Nada the Lily
Montezuma’s Daughter
The People of the Mist
Heart of the World
Swallow
Black Heart and White Heart
Lysbeth
Pearl Maiden
The Brethren
Ayesha: The Return of She
(In collaboration with Andrew Lang):
The World’s Desire
*** END OF THE PROJECT GUTENBERG EBOOK THE WAY OF
THE SPIRIT ***
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