Section 2 (Qs) - Law Related To Fraud

Front 1

Which of the following is an element that must be established to prove fraud based on the concealment of material facts?

A. The defendant had knowledge of a material fact that he had a duty to disclose.

B. The defendant acted with intent to mislead or deceive the victims.

C. The defendant failed to disclose a material fact that he had a duty to disclose.

D. All of these answers are correct.

Back 1

All of these answers are correct

Front 2

Which of the following is considered obstruction of justice?

A. Destroying documents related to a future proceeding.

B. Influencing witness with bribes.

C. Impeding a government Auditor in the performance of his duties.

D. All of these answers are correct.

Back 2

All of these answers are correct

Front 3

Paul is on the boards of two companies that compete in the highway construction industry. Paul does not disclose this conflict and he is not step down from the board of either company. If Paul's acct are discovered and he sued for violating his fiduciary duties, under what theory is a suit most likely to be filed?

A. Violating the duty of care.

B. Violating the duty of Fair competition.

C. Violating the duty to disclose.

D. Violating the duty of loyalty.

Back 3

Violating the duty of loyalty

Front 4

To convict a defendant under Title 18, u.s. code, section 1341 for committing mail fraud, the victim must suffer a loss.

Back 4

False

Front 5

Which of the following is not a legal element that must be shown to prove a claim for official bribery?

A. The government suffered damages as a result.

B. The defendant acted with corrupt intent.

C. The recipient was (or was selected to be) a public official.

D. The defendants gave or received a thing of value.

Back 5

The government suffered damages as a result

Front 6

In the United States, there are several Federal statutes related to false claims and statements made to the federal government. Which of the following is the most accurate statement concerning the false statements statute under Title 18, us code, section 1001?

A. To violate section 1001, the statement must be made directly to a government department or agency.

B. To violate section 1001, it is not necessary that the individual knew the statement was false at the time the statement was made.

C. An individual can be prosecuted for making a false statement only if the statement was made under oath.

D. The statement can be actionable even if the government did not suffer a loss in Reliance on it.

Back 6

The statement can be actionable even if the government did not suffer a loss in Reliance on it.

Front 7

Which of the following is a legal element that the government must show to prove a criminal conspiracy?

A. The defendant entered an agreement to commit an illegal act.

B. The defendant knew the purpose of the agreement and intentionally joined in the agreement.

C. At least one of the conspirators knowingly committed at least one overt act in furtherance of the conspiracy.

D. All of these answers are correct.

Back 7

All of these answers are correct

Front 8

For a false statement to violate the u.s. false statements statute ITitle 18, U.S. Cose, Secion 1001), it need not be made directly to the government; it can be made to a third party as long as it involves a matter within the jurisdiction of any governmental department or agency.

Back 8

True

Front 9

Generally, to establish an illegal gratuity violation, the government must prove that the gratuity was given for the purpose of influencing an official act.

Back 9

False

Front 10

In the United States, the federal government prosecutes all white collar crimes, such as embezzlement, larceny, and false pretenses.

Back 10

False

Front 11

Wright, a CFE, was retained to investigate a fraud at the Abc company, a US company. The perpetrator use the telephone in connection with the fraud, but he did not engage in any Interstate communication. Also, the perpetrator used a private mail carrier in connection with the fraud, but he did not use the u.s. postal system. Wright advises the company officials that the perpetrator can be charged federally with:

A. Mail fraud, but not wire fraud.

B. Neither mail fraud nor wire fraud.

C. Wire fraud, but not mail fraud.

D. Both mail fraud and wire fraud.

Back 11

Mail fraud, but not wire fraud

Front 12

Which of the following is a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts?

A. Victim suffered damages as a result of the misrepresentation.

B. The defendant knew the representation was false.

C. The victim relied on the misrepresentation.

D. All of these answers are correct.

Back 12

All of these answers are correct

Front 13

Which of the following is an element that must be established to prove fraud based on the concealment of material facts?

A. The defendant acted with intent to mislead or deceive the victims.

B. The defendant had knowledge of material fact that concerned a matter within the jurisdiction of a government agency.

C. The victim failed to exercise due care and relying on the defendant's actions.

D. The defendant knew for certain the victim would be harmed.

Back 13

The defendant acted with intent to mislead or deceive the victims

Front 14

Which of the following is an element that must be proven to establish a perjury offense?

A. The defendant made a false statement while under oath.

B. The defendant made a false statement that was material.

C. The defendant made the statement with knowledge of its falsity.

D. All of these answers are correct.

Back 14

All of these answers are correct

Front 15

Anderson, a lawyer, is in possession of funds that belong to his client, Mullins. Anderson subsequently misappropriate those funds with the intent to defraud Mullins. Under these facts, Anderson has committed larceny.

Back 15

False

Front 16

Moore, a transportation officer for the US Army National Guard, is responsible for awarding contracts to private freight carriers for guard Freight shipments. Moore awarded zantigo Freight a shipment contract to transport guard equipment, it is a gesture of thanks, zantigo gave Moore a new laptop computer. Based on these facts, the government would be more likely to bring illegal gratuity charges against Moore than bribery charges.

Back 16

True

Front 17

Davis sends people information about an "investment opportunity" via the US Postal System, but the communication is part of a scam Davis devised to defraud victims. If u.s. government decides to prosecute Davis, which of the following would provide the most likely basis for the charges?

A. Mail fraud

B. Insider trading

C.Wire fraud

D.Interstate transportation of stolen property

Back 17

Mail fraud

Front 18

Unlike the US Foreign Corrupt Practices Act, the UK bribery act makes it a crime to bribe a foreign public official in connection with international business transactions.

Back 18

False

Front 19

Theft is any intentional or deliberate act to deprive another property or money by guile, deception, or other unfair means.

Back 19

False

Front 20

To be guilty of larceny, the perpetrator must have lawful possession of the cash or property that he steals.

Back 20

False

Front 21

Private UK company transfer $60,000 to a Chinese public official to influence the award of a public Construction contract. This act would constitute a violation of the US Foreign Corrupt Practices Act (FCPA).

Back 21

False

Front 22

Michael, a Salesman for the Pearl company, conspired with a president of Pearl Company to defraud the federal government, and Michael fraudulently build a government Intelligence Agency for defective work in furtherance of the agreement. Which of the following statements is most accurate?

A. Michael and pearl company cannot be liable fraud and making false statements to the government or conspiracy to defraud the government.

B. Michael and Pearl Company may be liable for conspiracy to defraud the government, but not for making false statements to the government.

C. Michael and Pearl Company may be liable for both making false statements and conspiracy to defraud the government.

D. Michael and Pearl Company may be liable for making false statements to the government, but not for conspiracy to defraud the government.

Back 22

Michael and Pearl Company may be liable for making false statements to the government, but not for conspiracy to defraud the government.

Front 23

Richard, a computer programmer, Works in an office environment with cubicles. While on his way back from the restroom, Richard notices that Alice, 110 did on her desk. Richard steals $50 from Alice's purse. Richard committed larceny.

Back 23

True

Front 24

For a conflict of interest claim to be actionable against an agent, the agent must have:

A. Informed the principal of his actions.

B. Breach the duty of fidelity that he owed to his prinicipal.

C. Purported to act on behalf of, or as an agent for, and identified principal.

D. Had an undisclosed interest in a matter that could influence his professional roll.

Back 24

Had an undisclosed interest in a matter that could influence his professional role

Front 25

Even though fraud against the government hurt Society in general, only the government is allowed to bring legal actions against the parties who commit such frauds.

Back 25

False

Front 26

Prosecution under the criminal fraud statutes in the US code, which is a consolidation and codification of the general and permanent federal laws of the United States, requires a federal jurisdictional basis.

Back 26

True

Front 27

To convict a defendant under Title 18, u.s. code, section 1341 for committing mail fraud, the mailing must contain a false or fraudulent representation.

Back 27

False

Front 28

A wire communication does not violate the US Federal wire fraud statute unless it traveled be a _____ Commerce in furtherance of the scheme.

A. Intrastate

B. Business-to-business

C. Interstate or International

D. Electronic

Back 28

Interstate or International

Front 29

A qui tam suit is a suit in which a private individual sues on the government's behalf to recover damages for criminal or fraudulent actions.

Back 29

True

Front 30

Which of the following is a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts?

A. The defendant acted negligently.

B. The defendant had a duty to disclose the information.

C. The victim failure to exercise due care in rely on the misrepresentation.

D. The defendant made a false statement (i.e., a misrepresentation of fact)

Back 30

The defendant made a false statement (i.e., a misrepresentation of fact)

Front 31

Spencer knowingly omits $15,000 of income from his US federal income tax return. He signs the return and remitted with the understated amount of tax do. Which of the following offenses did Spencer most likely commit?

A. Making a false return.

B. Conspiring to defraud the United States.

C. Making a frivolous return.

D. Failing to file and pay.

Back 31

Making a false return

Front 32

In the United States, a tax preparer can be liable for an understatement penalty if he acted in bad faith and new or reasonably should have known the position taken on the return was which of the following?

A. One that would result in Greater tax liability for the client.

B. Not realistically possible of being sustained on its merits.

C. One that would result in less tax liability for the client.

D. Affirmed by previous tax courts.

Back 32

Not realistically possible of being sustained on its merits

Front 33

Under Title 18, us code, section 1001 (false statements), a statement is false if:

A. The government was deceived by the misleading information.

B. The defendant knew the statement was untrue when he made it.

C. The defendant mistakenly provided incorrect information.

D. The statement was material.

Back 33

The defendant knew the statement was untrue when he made it

Front 34

Which of the following is a federal us statute that criminalizes the theft of commercial trade secrets to obtain an economic advantage?

A. Economic Espionage Act.

B. Computer Fraud and Theft Act.

C. Identity theft and trade secret deterrence Act.

D. Commercial bribery Theft Act.

Back 34

Economic Espionage Act

Front 35

_____ is when a person steals property for which he has legal custody or possession.

Back 35

Embezzlement

Front 36

The US Foreign Corrupt Practices Act (FCPA) not only prohibits bribes to foreign officials, it also requires publicly traded companies subject to the fcpa has jurisdiction to keep accurate books and records and adopt internal controls to prevent improper use of corporate funds.

Back 36

True

Front 37

Officers and directors of a corporation have a fiduciary duty to act solely in the best interest of non shareholder constituencies.

Back 37

False

Front 38

To prove a criminal conspiracy, the government must prove that the defendant knew all the details or objectives of the conspiracy, the defendant knew the identity of all the participants in the conspiracy, and the conspirators accomplish the purpose of the conspiracy.

Back 38

False

Front 39

For a conflict of interest claim to be actionable, the conflict must be undisclosed.

Back 39

True

Front 40

In the United States, anyone who induces another to commit an offense can be held guilty of:

A. Conspiracy to commit fraud.

B. Aiding and abetting.

C. Obstruction of justice.

D. Misprision of felony.

Back 40

Aiding and abetting

Front 41

In addition to prohibiting bribes to foreign officials for business purposes, the US Foreign Corrupt Practices Act prohibits facilitating payments, or grease payments, made to foreign officials to facilitate the officials ability to perform their duties.

Back 41

False

Front 42

A _____ _____ _____ is a tax return that is incorrect on its face or one that does not contain enough information to determine the tax liability.

Back 42

Frivolous tax return

Front 43

Which of the following is an element the US federal government must prove to establish a violation of Title 18, us code, section 1001 (false statements)?

A. The false statement was material.

B. The defendant willfully made a false statement.

C. The statement concerned matter within the jurisdiction of a US agency.

D. All of these answers are correct.

Back 43

All of these answers are correct

Front 44

The ABC company, a US company, transferred $40,000 to a Japanese public official to influence the award lucrative overseas contracts. Which of the following laws did the ABC company most likely violate?

A. Anti-kickback Act of 1986.

B. Bribery of public officials statute.

C. Misprision of felony.

D. Foreign Corrupt Practices Act (FCPA)

Back 44

Foreign Corrupt Practices Act (FCPA)

Front 45

To establish the crime of embezzlement, the government must prove that there was a fiduciary relationship between the perpetrator and victim resulting from the perpetrators lawful possession of the property when it was stolen/ misappropriated.

Back 45

False

Front 46

_____ is any intentional or deliberate act to deprive another of property or money by guile, deception, or other unfair means.

Back 46

Fraud

Front 47

Which of the following most accurately describes the legal elements that must be shown to prove a claim for official bribery?

A. The defendant, while acting negligently, gave or received a thing of value that was intended to influence an act or duty of the recipient who was (or was selected to be) a public official.

B. The defendant, while acting with corrupt intent, gave or received a thing of value it was intended to influence an act or duty of the recipient who was (or was selected to be) a public official.

C. The defendant, well acting without due care, gave or received a thing of value that was intended to influence and act or duty of the recipient who was (or was selected to be) a public official.

D. The defendant, while acting negligently, gave or received a thing of value that was intended to influence an act or duty of the recipient who was (or was selected to be) a public official, causing the government suffered damages.

Back 47

The defendant, while acting with corrupt intent, gave or received a thing of value it was intended to influence an act or duty of the recipient who was (or was selected to be) a public official.

Front 48

All of the following are elements required to prove that a defendant violated the US Federal wire fraud statute except:

A. The defendant undertook a scheme designed to defraud a victim of money or property.

B. The defendant used wire Communications in furtherance of the scheme.

C. The defendant knowingly participated in the scheme.

D. The defendant used, or caused the use of, the mail in furtherance of the scheme.

Back 48

The defendant used, or caused the use of, the mail and furtherance of the scheme.

Front 49

Which of the following statements about the UK bribery Act is even slightly relevant this f****** class?

A. Unlike the US Foreign Corrupt Practices Act, the UK bribery act does not contain an explicit exception for facilitating payments.

B. If an organization's anti-corruption program complies with a Foreign Corrupt Practices Act, it will be sufficient for the purpose of complying with the UK bribery Act.

C. The UK bribery Act exercise has jurisdiction over all individuals and corporate entities for acts of corruption when any part of the offense occurs in the UK.

D. The UK bribery act has brought her applications in the Foreign Corrupt Practices Act because, unlike the fcpa, it makes commercial bribery a crime.

Back 49

If an organization's anti-corruption program complies with a Foreign Corrupt Practices Act, it will be sufficient for the purpose of complying with the UK bribery Act.

Front 50

Which of the following is not an element of an offense under the bribery of public officials statute, Title 18, u.s. code, 201(b)?

A. The defendant acted with corrupt intent.

B. The recipient performed a favorable action on behalf of the defendant.

C. The defendant gave or received something of value.

D. The recipient was (or was selected to be) a public official.

Back 50

The recipient performed a favorable action on behalf of the defendant

Front 51

Which of the following is the most accurate statement about the US truth in negotiations Act (TINA)?

A. Tina regulates the disclosure requirement for government contractors and provides administrative remedies against persons or entities that commit government contract fraud.

B. Tina establishes the system of regulations that governs the government's budgeting process for acquiring goods and services.

C. Tina establishes the system of regulations that governs the purchasing activities of private sector firms.

D. Tina requires that government contractors submit cost or pricing data and certified that such information is current, accurate, and complete before the award of any negotiated contract.

Back 51

TINA requires that government contractors submit cost or pricing data and certify that such information is current, accurate, and complete before the award of any negotiated contract

Front 52

Which of the following is an element that the u.s. government must prove to convict a defendant under Title 18, u.s. code, section 1341 for committing mail fraud?

A. The defendant used the mail in furtherance of the scheme.

B. The defendant knowingly participated with the intent to defraud the victim.

C. The defendant undertook a scheme to defraud a victim of money or property.

D. All of these answers are correct.

Back 52

All of these answers are correct

Front 53

To prove a defendant is guilty of accepting an illegal gratuity, the prosecution must show that the defendant was influenced by the acceptance of the improper payment.

Back 53

False

Front 54

In the United States, false statements made to the government can only be prosecuted under the criminal false claims Act (18 U.S.C. Sec. 287)

Back 54

False

Front 55

Delta, a fraud suspect, has been charged with committing a federal crime. Before her trial, she contacted Witnesses against her and tried to get them to change their stories by threatening them. Based on her actions, the government would most likely bring additional charges against Delta for:

A. COnspiracy to influence the jury.

B. Contempt of COurt.

C. Judicial Extortion.

D. Obstruction of justice

Back 55

Obstruction of justice

Front 56

Which of the following us laws prohibits deceptive and fraudulent practices commonly used in email?

A. Gramm-Leach-Billey Act.

B. CAN-SPAM Act.

C. USA PATRIOT Act.

D. The computer fraud and abuse act.

Back 56

CAN-SPAM Act

Front 57

To prove that a defendant committed criminal perjury, the government prosecutor must show that the defendant, while in a court of law, knowingly made a false statement that influenced the jury's decision.

Back 57

False

Front 58

Which of the following is considered obstruction of justice?

A. Contacting a government investigator.

B. Showing disrespect to a judge.

C. Subpoenaing a government Witness.

D. Influencing a witness with bribes.

Back 58

Influencing a witness with bribes

Front 59

Which of the following most accurately describes the legal elements that must be shown to prove a claim for a commercial bribery?

A. The defendant, while acting without due care, gave or received anything of value it was intended to influence the recipients action in a business decision, causing his principal to suffer damages.

B. The defendant, while acting with corrupt intent, gave or received a thing of value that was intended to influence the recipients action in a business decision, causing his principal to suffer damages.

C. The defendant, while acting with corrupt intent and without the victim's knowledge or consent, gave or received something of value that was intended to influence the recipients action in a business decision.

D. The defendant, while acting negligently and without the victim's knowledge or consent, gave or received a thing of value that was intended to influence the recipients action in a business decision.

Back 59

The defendant, while acting with corrupt intent and without the victim's knowledge or consent, gave or received something of value that was intended to influence the recipients action in a business decision

Front 60

The major distinction between larceny and embezzlement lies in the issue of:

A. How much money was taken.

B. Whether the victims willingly gave their possessions to the offender.

C. Whether the thief had been legally entrusted with the stolen items.

D. Whether the thief acted intentionally.

Back 60

Whether the thief had been legally entrusted with the stolen items

Front 61

The US Federal wire fraud statute makes it a crime to use telephone, radio, or television Communications to perpetrate a scheme to defraud a victim of money or property.

Back 61

True

Front 62

The US Foreign Corrupt Practices Act has two major parts. The first part criminalizes the bribery of a foreign public official to obtain or retain business. The second part pertains to money laundering, requiring publicly traded companies to adopt policies, procedures, and internal controls reasonably designed to prevent money laundering.

Back 62

False

Front 63

Which of the following acts would constitute violations under the US Foreign Corrupt Practices acts anti-bribery provisions?

A. A German company that is publicly traded on the New York Stock Exchange transfers $45,000 to a foreign official to award it a public Construction contract.

B. A US company transfers $45,000 to a foreign official to influence the official to award it a public Construction contract.

C. To induce a public Construction contract award, a US company promises to pay for an official $45,000 upon securing the contract.

D. All of these are correct.

Back 63

All of these are correct

Front 64

Which of the following is not a legal element that must be shown to prove a claim for commercial bribery?

A. The defendant gave or received a thing of value.

B. The defendant acted with corrupt intent.

C. The principal suffered damages as a result of the bribe.

D. The recipient acted without the victim's knowledge or consent.

Back 64

The principal suffered damages as a result of the bribe

Front 65

To establish that a defendant violated section 1001 Title 18, u.s. code (false statements), the US government must prove that the defendant made a false statement (or used a false document) regarding a matter within the jurisdiction of the US agency, and the agency relied on the false statement to its detriment.

Back 65

False

Front 66

In the United States, all federal criminal laws are the products of statutes and the common law.

Back 66

False

Front 67

The UK bribery act has broader applications than the US Foreign Corrupt Practices Act because, unlike the fcpa, it makes commercial bribery a crime.

Back 67

True