Wednesday, November 6, 2019

Carla learns that her employer, a healthcare facility, is committing fraud against the government by filing false Medicare claims

Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime. 
A. Likely cause
B. Suspected cause
C. Certainty
D. Probable cause
E. Information

Which of the following is true regarding an arrest without a warrant? 
A. A law enforcement agent can arrest a suspect without a warrant if the officer believes there is probable cause but not enough time to obtain a warrant.
B. A law enforcement officer may not arrest a suspect without a warrant even if the officer believes there is probable cause but insufficient time to obtain a warrant.
C. A law enforcement agent can arrest a suspect without a warrant only if a felony is involved.
D. A law enforcement officer can arrest a suspect without a warrant only if a violent crime is involved.
E. A law enforcement officer can arrest a suspect without a warrant only if the suspect is a repeat offender.

Of which of the following must a defendant be informed before questioning? 
A. That the defendant must answer questions or there will be a presumption of guilt at trial.
B. That statements made to law enforcement before arraignment may not be used against the defendant in court.
C. That the defendant has the right to consult an attorney before speaking to the police.
D. That unless the defendant can afford any attorney, the defendant will not have an attorney.
E. That the right to an attorney does not begin until after the defendant is arraigned.

Which of the following occurs when a defendant makes a first appearance? 
A. A magistrate determines whether there was proof beyond a reasonable doubt for the arrest.
B. A magistrate determines whether there was probable cause for the arrest.
C. A magistrate determines whether the defendant was properly booked.
D. A magistrate determines whether there was proof beyond a reasonable doubt for the arrest and also whether the defendant was properly booked.
E. None of the above.

Which of the following is a plea in which the defendant does not admit guilt but agrees not to contest the charges? 
A. Petit defense.
B. Information.
C. Nolo contendere.
D. Sine qua non.
E. Plea avoidance.

A judge reports that a jury was "hung". What does the judge mean? 
A. That the jury wanted to hang the defendant by imposing a heavy sentence.
B. That the jury wanted to hang the prosecutor for unjustly charging the defendant.
C. That the jury could not reach a decision.
D. That the jury had waited an excessive amount of time before reaching a verdict.
E. That the jury had waited an excessive amount of time before retiring for the evening.

Which of the following requires a "pattern"? 
A. The Racketeer Influenced and Corruption Organizations Act.
B. The False Claims Act.
C. The Sarbanes-Oxley Act of 2002.
D. All of the above.
E. None of the above.

Under the Sarbanes-Oxley Act, it is now a felony to willfully fail to maintain proper records of audits and work papers for at least ______ years. 
A. 2
B. 3
C. 4
D. 5
E. 6

Which of the following was created specifically to combat white-collar crime? 
A. The Sarbanes-Oxley Act.
B. RICO.
C. The False Claims Act.
D. 1983.
E. None of the above.

Carla learns that her employer, a healthcare facility, is committing fraud against the government by filing false Medicare claims. Under which of the following might she obtain a portion of any recovery obtained by the government? 
A. RICO.
B. The False Claims Act.
C. The Sarbanes-Oxley Act of 2002.
D. The Medicare Recovery Act.
E. The Healthcare Fraud Act.

Which of the following was passed largely in response to business scandals of the early 2000's, such as those implicated by Enron, WorldCom, Global Crossing, and Arthur Anderson? 
A. RICO.
B. The False Claims Act.
C. The Sarbanes-Oxley Act.
D. The Medicare Recovery Act.
E. The Healthcare Fraud Act.

Under the Sarbanes-Oxley Act, which of the following is true regarding the destruction of documents in a federal bankruptcy investigation? 
A. The destruction of documents in a federal bankruptcy investigation is a misdemeanor with possible sentences of up to 364 days in jail.
B. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 364 days in jail.
C. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 5 years in jail.
D. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 20 years in jail.
E. None of the above.

What was the result in the case of U.S. v. Park, the case in which the defendant, the president of a national food-chain corporation claimed he should not be held liable for allowing food in a warehouse to be exposed to rodent contamination because he had delegated responsibility to subordinates? 
A. The court dismissed all claims against him because of insufficient proof that he had actively allowed contamination.
B. The court dismissed all claims against him because of insufficient proof of negligence.
C. The court refused to dismiss claims against him because the offense was a strict liability offense.
D. The court refused to dismiss claims against him because of insufficient proof of delegation.
E. The court refused to dismiss claims against him because of proof that he had responsibility and authority to prevent the contamination or to correct it and failed to do so.

Which of the following Supreme Court cases established the right to counsel before questioning by the police? 
A. Whaley v. Reeves
B. Glover v. Smith
C. U.S. v. Glover
D. U.S. v. Parks
E. Miranda v. Arizona


Which of the following holds that a person may be deemed not guilty by reason of insanity, even if he or she knew that a criminal act was wrong, as long as the defendant was driven to commit the crime from some urge resulting from a mental deficiency the defendant could not resist?
The irresistible impulse test.

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