LEG 320 Week 10 Quiz – Strayer Click on the Link Below to Purchase A+ Graded Course Material http://budapp.net/LEG-320-Week-10-Quiz-Strayer-451.htm Quiz 10 Chapter 18 and 19 ORGANIZED CRIME AND GANGS MULTIPLE CHOICE 1. a. b. c. d.
Any fraudulent scheme that uses any interstate delivery services can be prosecuted as a felony under the “mail fraud act” “bank fraud act” “wire fraud act” none of these answers is correct 484
2. a. b. c. d.
A scheme defined to include a scheme to deprive another of the “intangible right of honest services” is known as a wire fraud mail fraud bank fraud loan fraud 484
3. a. b. c. d.
Which of the following are ways of laundering money? gold purchases purchases of cashier’s checks wire transfers all of these 476-478
4. a. b. c. d.
What is the name of an underground banking system used to launder money? Hawala RICO Miranda CTR 476-477
5. a. b. c. d.
In 1970, Congress enacted the RICO law. What does RICO stand for? Racket Induced Criminal Operations Racketeer Influenced and Corrupt Organizations Racketeer Influenced Commercial Operation Racket Induced Criminal Organization 472
6. To obtain a conviction under RICO, the government must prove that the defendant a. is part of a continuing criminal enterprise b. has committed at least three felonies c. has invested illegally obtained funds d. is a member of the Mafia 472 7. The primary purpose of RICO laws is to strike at the source of the economic power of a. terrorist organizations b. illegal business monopolies c. manufacturers of counterfeit goods d. organized crime 472 8. a. b. c. d.
For the purpose of money laundering statutes, profits gained from unlawful activities are known as proceeds receipts markers tickets 476-477
9. a. b. c. d.
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 interstate commerce the federal government state taxes banking
474 10. If the underlying criminal acts do not affect interstate commerce a. the federal government has no jurisdiction to prosecute b. the federal government still has jurisdiction to prosecute under special provisions of the RICO statute c. the federal government can engage in a joint prosecution with the state d. 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 people a. whose actions enable a criminal enterprise to function b. aided and abetted the mafia c. with tax evasion d. who cross state lines when committing crimes 472 12. a. b. c. d.
Which of the following statements regarding the federal witness protection program is true? The program was created during the period of Prohibition in the U.S. Since being established, the program has seldom been used. The program is utilized in both federal and state prosecutions. The program applies to witnesses, but not their families. 475-476
13. a. b. c. d.
Which of the following statements regarding the Federal Victim and Witness Protection Act is FALSE? The Act was passed by Congress in 1982. This statute created the crime of witness tampering. Tampering is a crime only if the witness testifies in a criminal trial. 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. b. c. d.
organized crime white collar crime burglary 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. smurfing b. rigging c. switching d. wiring 478-480 17. a. b. c. d.
To obtain a RICO or “little RICO” conviction, the prosecution must prove which of the following? that the enterprise existed and was engaged in racketeering activity that the defendants were members of the racketeering enterprise two or more incidents of racketeering conduct “that have the same or similar intents, results, victims, or methods of commission” all of these 472
18. Which of the following criminal acts qualify as “predicate acts” under the RICO laws? a. drug trafficking b. mail fraud c. witness tampering d. all of these criminal acts qualify 472 19. a. b. c. d.
What federal statute permits prosecution under that act if the extortion can be shown to interfere with interstate commerce? the Travel Act the Hobbs Act the Bribery Act 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 Act c. Large Cash Transaction Act d. 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 groups b. stock exchange violations c. porn shop violations d. all of these 472-474 22. The Supreme Court has ruled that for the federal RICO law a “criminal enterprise� means a. association in fact b. formal business c. informal business d. formal structure 473 23. a. b. c. d.
The federal RICO statute permits federal prosecutions based on criminal acts that would normally fall under state criminal jurisdiction district court criminal jurisdiction appellate criminal jurisdiction county criminal jurisdiction 472-474
24. a. b. c. d.
The witness protection program created in 1970 provides new identities and relocation for witnesses and their families in both state and federal criminal prosecutions of organized crime and their families in federal criminal prosecutions of organized crime in both state and federal criminal prosecutions of organized crime 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 Act b. the Federal Victim Protection Act c. 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 be a. profits b. receipts c. profits or receipts d. none of these answers 478 27. a. b. c. d.
Any fraudulent scheme that uses an interstate delivery system may be prosecuted as a felony under the federal mail fraud statute a state criminal fraud law both the federal mail fraud statute and state criminal fraud law 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. homes b. jewelry c. cars d. drugs 476-477 29. When it comes to prosecuting organized crime a. there is no advantage to a federal versus state prosecution b. state law usually offers more advantages than federal law c. the jurisdiction that can prosecute most quickly will more likely be the best venue d. there are advantages to a federal over a state prosecution 483 30. a. b. c. d.
Legislation that can be used to prosecute those involved in criminal activities that cross state borders or involve foreign commerce is known as the travel act wire act bank act 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 RICO
commerce satisfies the
3.
Money can be
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 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 advantageous. 10.
by buying cash or bearer instruments.
statutes means profits
rules make prosecution in federal courts
The acronym CTR stands for currency
reports.
CHAPTER 19 IMMIGRATION CRIMES, CONTEMPT, AND OTHER CRIMES AGAINST GOVERNMENT MULTIPLE CHOICE 1. a. b. c. d.
2.
Contempt requires a showing of what kind of disregard of the authority of a court or legislative body? willful negligent reckless accidental
The purpose of civil contempt is to
a. b. c. d.
punish the defendant compel the defendant to carry out the court’s order allow the defendant to challenge the court’s order 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 wrongdoing b. to compel the defendant to carry out the court’s order c. to allow the defendant time to appeal d. to deter others
4. a. b. c. d.
In 2010 Arizona passed a state statute aimed at illegal immigrants resident aliens legal immigrants minorities
5. a. b. c. d.
In 2010 Arizona passed a state statute which requires persons to carry valid immigration documents driver’s licenses birth certificates proof of residency
6. a. b. c. d.
Direct contempt is that which directly challenges the authority of the court or legislative body occurs in the presence of the judge or legislative body may be punished following a trial on the issue directly affects the defendant
7. a. b. c. d.
Constructive or indirect contempt is that which does not occur in the presence of the court or legislative body is done without wrongful intent occurs in the presence of the judge may be punished summarily
8.
a. b. c. d.
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 federal government Supreme Court U.S. Military state government
9. a. b. c. d.
An individual may not be held in contempt unless it can be shown that the person was warned after the first occurrence the judge personally witnessed the wrongdoing the judge provided the person an opportunity to apologize the person acted with some sort of wrongful intent
10. Constructive contempt is also known as a. situational contempt b. indirect contempt c. circumstantial contempt d. common contempt
11. How do illegal immigrants enter the United States? a. walk across the border b. on boats c. as students d. all of these
12. Which of the following conduct is a felony under immigration laws? a. failure to notify of change of address b. failure to register c. making false statements d. harboring illegal aliens
13. Which of the following conduct is a misdemeanor under immigration laws? a. first illegal entry b. reentry of deported alien c. second illegal entry d. aiding subversive alien to enter
14. What kind of violation is required for criminal prosecutions under the Clean Air Act? a. knowingly b. willingly c. specifically d. intentionally
15. a. b. c. d.
In what case was the definition of “knowingly� decided for purposes of the Clean Air Act? United States v. Rubenstein Holland v. United States People v. Hollingshead Richard W. Miller
16. The immigration laws make it a crime to a. make a false entry into this country b. assist others to make an illegal entry in this country c. hire an illegal alien. d. all of these
17. Extortion by public employees or officials is a violation of the a. Jones Act b. Smith Act c. Hobbs Act d. Locke Act 18. For a gift to a public official to be illegal, the gift must be a. given specifically for favorable treatment in the future b. 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 future d. none of these
19. Summary contempt convictions require that the contempt a. occurred in the presence of the judge b. occurred in the courtroom c. occurred during a trial d. occurred in the presence of a courtroom actor
20. a. b. c. d.
Susan McDougal was convicted of felony offenses for failure to answer grand jury questions pertaining to the Watergate investigation Whitewash investigation Whitewater investigation Westminster investigation
21. There is no contempt unless there is some sort of a. wrongful intent b. criminal intent c. malicious d. knowledgeable intent
22. Which of the following may use civil or criminal contempt? a. divorce cases b. child custody cases c. criminal cases d. all of these
23. Which of the following acts require a “knowingly” element to be violated? a. the Clean Air Act b. the Clean Water Act c. the Clean Air Act and the Clean Water Act d. none of these answers is correct
24. a. b. c. d.
25. a. b. c. d.
What usually happens to most of the people detained annually for violation of United States immigration laws? they are removed to their home countries they are incarcerated in jail they are incarcerated in prison they are incarecreated in jail and then removed to their home countries
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? 18 months 24 months 36 months 48 months
26. a. b. c. d.
What is the name of the crime of knowingly and materially testifying falsely while under oath? perjury subornation of perjury misprision of felony misprision of perjury
27. Little was done to regulate disposal of hazardous waste until what decade? a. 1950s b. 1960s c. 1970s d. 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 judge b. summary contempt occurs in the presence of the jury c. summary contempt occurs in the presence of the attorneys d. summary contempt occurs in the courtroom 492-493 30. Attempts to thwart illegal immigration include which of the following? a. walls b. cameras c. electronic monitoring devices d. 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
5.
States often make failure to report for
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 ________.
and tax fraud are generally punished as crimes duty when summoned a crime.
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.