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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 fraud
|
|
b.
|
mail fraud
|
|
c.
|
bank fraud
|
|
d.
|
loan fraud
|
484
3. Which of the
following are ways of laundering money?
|
a.
|
gold purchases
|
|
b.
|
purchases of
cashier’s checks
|
|
c.
|
wire transfers
|
|
d.
|
all of these
|
476-478
4. What is the name
of an underground banking system used to launder money?
|
a.
|
Hawala
|
|
b.
|
RICO
|
|
c.
|
Miranda
|
|
d.
|
CTR
|
476-477
5. In 1970, Congress enacted
the RICO law. What does RICO stand for?
|
a.
|
Racket Induced
Criminal Operations
|
|
b.
|
Racketeer Influenced and Corrupt Organizations
|
|
c.
|
Racketeer
Influenced Commercial Operation
|
|
d.
|
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. For the purpose of
money laundering statutes, profits gained from unlawful activities are known as
|
a.
|
proceeds
|
|
b.
|
receipts
|
|
c.
|
markers
|
|
d.
|
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 commerce
|
|
b.
|
the federal
government
|
|
c.
|
state taxes
|
|
d.
|
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. 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 crime
|
|
b.
|
white collar crime
|
|
c.
|
burglary
|
|
d.
|
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. 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 activity
|
|
b.
|
that the defendants
were members of the racketeering enterprise
|
|
c.
|
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 trafficking
|
|
b.
|
mail fraud
|
|
c.
|
witness tampering
|
|
d.
|
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 Act
|
|
b.
|
the Hobbs Act
|
|
c.
|
the Bribery Act
|
|
d.
|
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. The federal RICO
statute permits federal prosecutions based on criminal acts that would normally
fall under
|
a.
|
state criminal
jurisdiction
|
|
b.
|
district court criminal
jurisdiction
|
|
c.
|
appellate criminal
jurisdiction
|
|
d.
|
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 crime
|
|
c.
|
in both state and
federal criminal prosecutions of organized crime
|
|
d.
|
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. Any fraudulent
scheme that uses an interstate delivery system may be prosecuted as a felony
under
|
a.
|
the federal mail
fraud statute
|
|
b.
|
a state criminal
fraud law
|
|
c.
|
both the federal mail fraud statute and state criminal fraud law
|
|
d.
|
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. 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 act
|
|
b.
|
wire act
|
|
c.
|
bank act
|
|
d.
|
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 19
IMMIGRATION 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.
|
willful
|
|
b.
|
negligent
|
|
c.
|
reckless
|
|
d.
|
accidental
|
2. The purpose of
civil contempt is to
|
a.
|
punish the defendant
|
|
b.
|
compel the defendant to carry out the
court’s order
|
|
c.
|
allow the defendant to challenge the court’s order
|
|
d.
|
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. In 2010 Arizona
passed a state statute aimed at
|
a.
|
illegal immigrants
|
|
b.
|
resident aliens
|
|
c.
|
legal immigrants
|
|
d.
|
minorities
|
5. In 2010 Arizona
passed a state statute which requires persons to carry valid
|
a.
|
immigration documents
|
|
b.
|
driver’s licenses
|
|
c.
|
birth certificates
|
|
d.
|
proof of residency
|
6. Direct contempt is
that which
|
a.
|
directly challenges the authority of the court or legislative
body
|
|
b.
|
occurs in the presence of the judge or
legislative body
|
|
c.
|
may be punished following a trial on the issue
|
|
d.
|
directly affects the defendant
|
7. Constructive or
indirect contempt is that which
|
a.
|
does not occur in the presence of the
court or legislative body
|
|
b.
|
is done without wrongful intent
|
|
c.
|
occurs in the presence of the judge
|
|
d.
|
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 government
|
|
b.
|
Supreme Court
|
|
c.
|
U.S. Military
|
|
d.
|
state government
|
9. An individual may
not be held in contempt unless it can be shown that
|
a.
|
the person was warned after the first occurrence
|
|
b.
|
the judge personally witnessed the wrongdoing
|
|
c.
|
the judge provided the person an opportunity to apologize
|
|
d.
|
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. In what case was
the definition of “knowingly” decided for purposes of the Clean Air Act?
|
a.
|
United States v. Rubenstein
|
|
b.
|
Holland v. United
States
|
|
c.
|
People v.
Hollingshead
|
|
d.
|
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. Susan McDougal was
convicted of felony offenses for failure to answer grand jury questions
pertaining to the
|
a.
|
Watergate
investigation
|
|
b.
|
Whitewash
investigation
|
|
c.
|
Whitewater investigation
|
|
d.
|
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. What usually
happens to most of the people detained annually for violation of United States immigration
laws?
|
a.
|
they are removed to
their home countries
|
|
b.
|
they are
incarcerated in jail
|
|
c.
|
they are
incarcerated in prison
|
|
d.
|
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 months
|
|
b.
|
24 months
|
|
c.
|
36 months
|
|
d.
|
48 months
|
26. What is the name of
the crime of knowingly and materially testifying falsely while under oath?
|
a.
|
perjury
|
|
b.
|
subornation of
perjury
|
|
c.
|
misprision of
felony
|
|
d.
|
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 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.
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