PrepTest 144, Section 2, Question 26
If a corporation obtains funds fraudulently, then the(34 more words not shown)
Which one of the following(8 more words not shown)
- AIf a driver(32 more words not shown)
- BIf a factory(33 more words not shown)
- CIf someone is(26 more words not shown)
- DIf an athlete(20 more words not shown)
- EIf a convicted(27 more words not shown)
Reading the argument
The company shouldn't get to keep the money it made by using money obtained through fraud.
Imagine a corporation obtains funds fraudulently and then uses them to earn additional profits. A penalty that leaves those profits untouched would let the company retain a benefit produced by its wrongdoing. The principle says the penalty should wipe out that gain too.
What we’re looking for
We're looking for a new situation with that same feature: someone gains a benefit from wrongdoing, and the response takes away that benefit. Punishing the person in just any way won't be enough. The penalty needs to address what the wrongdoing allowed the person to gain.
Working the answers
- A
Requiring proof of proper maintenance is a way to monitor the driver's future behavior. It doesn't remove a benefit the driver gained from causing the accident or failing to maintain the car. The original principle focuses on taking away the proceeds of wrongdoing, not just preventing a repeat.
- B
Bringing the factory into compliance may stop future violations. But this answer doesn't require it to give up profits gained while violating the laws. To match the principle, we'd need that additional feature: the factory must lose the financial benefit it obtained from the wrongdoing.
- C
This decides who should benefit from community service: the community rather than a private group. The original principle concerns a benefit the offender obtained and must give up. C doesn't identify or remove such a benefit; it directs the service toward a particular recipient.
- D
Barring future competition prevents the athlete from participating again. It doesn't take away a benefit already gained from using the banned substances. A restriction on future activity is different from offsetting profits or other gains produced by the violation.
- ECorrect
The crime provides the material for a memoir, and the memoir produces money for the criminal. Requiring the proceeds to go to a charity chosen by someone else takes away that financial benefit. This matches the corporation's situation: the response reaches the gain that grew out of the wrongdoing, so the wrongdoer cannot retain that profit.
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