[Camping profits] Eva is the vice president at Big Chain Camping Goods Store. She learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Chain Camping Goods will rise dramatically at that point. Eva immediately buys a number of shares of her company’s stock. She also tells her friend Claire about the expected purchase of stores. Claire wants to purchase stock in the company but lacks the funds with which to do so. Although she did not have the funds in Bank A, Claire decides to draw a check on Bank A and deposit the check in Bank B and then proceeds to write a check on Bank B to cover the purchase of the stock. Claire hopes that she would have sufficient funds to deposit before the check is presented for payment.
66) By purchasing stock in her company, Eva is guilty of which offense?
A) Insider misappropriation
B) Extortion
C) She is guilty of no offense
D) Insider trading
E) Tipping
67) By providing information to Claire regarding the purchase, Eva is guilty of which offense, if any?
A) She is guilty of an insider-trading violation by being tipped.
B) She is guilty of an insider-trading violation by tipping the information.
C) She is not guilty of any offense.
D) She is guilty of criminal extortion.
E) She is guilty of an insider-trading violation by both tipping and being tipped.
68) By buying stock, Claire is guilty of which offense, if any?
A) She is guilty of larceny.
B) She is not guilty of any offense.
C) She is guilty of insider trading because she tipped information.
D) She is guilty of extortion.
E) She is guilty of an insider-trading violation because she traded on tipped information.
69) By her method of payment, Claire is guilty of which offense?
A) Ponzi scheme
B) Check defalcation
C) Pretexting
D) Insider-trading scheming
E) Check kiting
[Divorce fallout] Dr. Eli, following a messy divorce, has encountered significant financial difficulties. Dr. Eli has a friend named Shady Sam who tells Dr. Eli that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Shady Sam tells Dr. Eli that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything. Shady says the wristband sells like hotcakes. Shady also tells Dr. Eli that he will pay Dr. Eli five dollars for every band that Dr. Eli can sell to his patients. Dr. Eli proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Eli then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Eli can entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing criminal prosecution.
70) Which of the following offenses, if any, did Dr. Eli commit by mailing correspondence to patients encouraging purchase of the band?
A) Defalcation
B) False pretenses
C) Mail fraud
D) Fraudulent use of transit
E) He is not guilty of any offense
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