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CHAPTER 10
ANSWERS TO QUESTIONS
AT THE ENDS OF THE CASES
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2A. Besides the defendant, who may have committed a crime in this case? Mordichi Mor
was a direct participant in the scheme. According to Whitmer, Mor had “gotten the ball rolling”
on the thefts. He met with Whitmer before the twenty fraudulent sales of motorcycles, motorized
dirt bikes, all terrain vehicles, and recreational vehicles, and the stolen vehicles were delivered
to his home.
Van Hek and Barrera may also have been participants in the crime. Van Hek had shown
Whitmer how to do offline transactions. Barrera was the salesperson in all of the fraudulent
sales, each of which involved one of seven purported buyers, all of whom proved to be fictitious.
3A. How might the dealership have prevented the crimes in this case? The crimes in this
case might have been avoided if the dealership’s employees had followed the company’s
policies. These policies may have been imposed in part to avoid the misconduct that occurred
here. For example, to prevent charge backs, the dealership's policy was to require customers to
make purchases in person and to present two forms of identification. As a further preventive
measure, the dealership did not permit offline sales. The dealership retained the original
manufacturer certificate of origin (MSO) after a sale unless the vehicle was sold to an out-of-
state purchaser or transferred to another dealer. But the dealership was contractually obligated
not to sell vehicles for exportation outside the United States. Finally, Gilding advised Whitmer
specifically not to deal with Mor.
Carlos and Wilcox violated these policies by doing what Whitmer directed. Whitmer was
seen conferring with Mor. Paperwork was done for transactions in which the customers were not
introduced. Deals were processed as offline sales. MSOs related to the fraudulent sales were
removed from the dealership’s files despite any obvious need for their removal. And it was
learned that several of the vehicles had been shipped to Israel. If Carlos and Wilcox, and any
other employees who were not directly involved in the criminal scheme but who witnessed some
of the steps in its perpetration, had reported the violations of company policies to Gilding, the
crimes might have been stopped. But it also appears that the thefts might have been thwarted if
Gilding had more closely overseen sales at the dealership.
4A. Why do some states combine larceny, embezzlement, and obtaining goods by
false pretenses into a single crime called theft? Discuss. According to some observers, the
distinctions between these crimes only serve as obstacles in the administration of criminal
justice. For example, to prosecute a theft as one or another of the separate crimes, the various
elements must be considered, pleaded, and satisfied. A mistake in any step of the process can
delay or prevent a conviction. Simplifying the definitions of the crimes simplifies the
prosecutorial process. Under a state statute that combines larceny, embezzlement, and
obtaining goods by false pretenses into a single crime called theft, it is not necessary for an
indictment to specify which of these offenses is charged.
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CHAPTER 10: CRIMINAL LAW AND CYBER CRIME 3
and execute search warrants? Explain. Police officers would behave far more cautiously if
they could always be held personally liable for executing unconstitutional warrants. Cases like
Messerschmidt give police officers some leeway to do their jobs without fearing lawsuits.
Without such protection, they would be far less inclined to ask for and execute warrants. To
avoid personal liability, police officers might begin to seek only warrants that are clearly
constitutional. That would probably reduce the number of Fourth Amendment violations by
police departments, but it would probably also hamper criminal investigations.
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4 UNIT TWO: TORTS AND CRIMES
the violation. The corporate officer does not have to intend the crime or even know about it, to
incur liability under this doctrine.
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in whole or in part.
CHAPTER 10: CRIMINAL LAW AND CYBER CRIME 5
1A. Dana takes her roommate’s credit card without permission, intending to charge
expenses that she incurs on a vacation. Her first stop is a gas station, where she uses
the card to pay for gas. With respect to the gas station, has she committed a crime? If so,
what is it? Yes. With respect to the gas station, she has obtained goods by false pretenses.
She might also be charged with larceny and forgery, and most states have special statutes
covering illegal use of credit cards.
2A. Without permission Ben downloads consumer credit files from a computer
belonging to Consumer Credit Agency. He then sells the data to Dawn. Has Ben
committed a crime? If so, what is it? Yes. The Counterfeit Access Device and Computer
Fraud and Abuse Act of 1984 provides that a person who accesses a computer online, without
permission, to obtain classified data—such as consumer credit files in a credit agency’s
database—is subject to criminal prosecution. The crime has two elements: accessing the
computer without permission and taking data. It is a felony if done for private financial gain.
Penalties include fines and imprisonment for up to twenty years. The victim of the theft can also
bring a civil suit against the criminal to obtain damages and other relief.
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in whole or in part.
6 UNIT TWO: TORTS AND CRIMES
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in whole or in part.
CHAPTER 10: CRIMINAL LAW AND CYBER CRIME 7
which consists of reasonable grounds to believe that a person should be searched. In some
situations, however, an officer may have a reasonable suspicion short of probable cause to
believe that a person poses a risk of violence. In a traffic-stop setting, for example, this risk
would not stem from the normal reaction of a person stopped for a driving infraction, but from
the possibility that evidence of a more serious crime might be discovered. A criminal’s
motivation to use violence to prevent the discovery could be great. And because the vehicle is
already stopped, the additional intrusion is minimal. Under these circumstances, a limited
search of the person for weapons would protect the officer, the individual, and the public. Thus,
an officer who conducts a routine traffic stop could perform a patdown search of a passenger on
a reasonable suspicion that the person may be armed and dangerous. In this case, a jury con-
victed Johnson of the charge, but a state appellate court reversed the conviction. The United
States Supreme Court reversed the appellate court’s judgment and remanded the case.
10–6A. Searches
(Chapter 10—Page 207)
Yes, a cross-gender strip search is unreasonable if there is no emergency—such as a riot or
natural disaster—to justify it. Whether a search is reasonable under the Fourth Amendment
requires balancing the need for the search against the invasion of personal rights that the
search entails.
Here, there was no emergency situation, and there was no apparent justification for
conducting a cross-gender strip search. In addition, the manner in which the search was
conducted seems unreasonable. A female officer performed the search while several male
officers watched, and one videotaped the search. There was no reason for the female officer to
conduct the search immediately rather than another officer whose gender was the same as
Byrd’s.
In the actual case on which this problem is based, the court held that the search
performed on Byrd was unreasonable and violated Byrd's rights under the Fourth Amendment to
be free from unreasonable searches.
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8 UNIT TWO: TORTS AND CRIMES
of credit and debit cards—and a total of thirty years in prison when combined with additional
charges.
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in whole or in part.
Solution Manual for Cengage Advantage Books Business Law The First Course – Summarized Cas
government’s appeal, the U.S. Court of Appeals for the Seventh Circuit vacated the sentence
and remanded the case for resentencing.
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in whole or in part.