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MMLU / A fish seller agreed to sell 800 pounds of a very rare sushi to a wholesale…

Problem

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question

A fish seller agreed to sell 800 pounds of a very rare sushi to a wholesale buyer. However, the seller agreed with his associate that they would obtain 800 pounds of white fish instead, and tint the white fish with food colors to give it the appearance of the exotic sushi. The real sushi is about 10 times the value of the whitefish. The buyer had signed a contract with the fish seller to purchase the sushi. The seller's associate purchased the white fish and brought it back to seller's fish store to perform the coloring process. When the two men were mixing the colors but before they added it to the fish, an undercover FBI agent who worked on the premises and had recorded some of their discussions, arrested them for conspiracy and attempted criminal fraud. The accused filed a motion to dismiss the attempted fraud charge, arguing that they had not gone far enough for an attempt under the general principles of criminal attempt. Considering those principles, is the trial court likly to grant the motion to dismiss the attempt charge?

choices

  1. Yes, because the law of attempt requires more substantial action toward the completion of the crimes then the accused men accomplished under these facts.
  2. Yes, because the fish would have to be delivered to the buyer and payment received from him for there to be a completed attempt.
  3. No, because the act of purchasing the fish and taking it to seller's facility with the criminal intent to color it is sufficient proof of criminal attempt to allow the case to go to the jury.
  4. No, because the agreement to commit criminal fraud by the two co-conspirators, combined with the act of mixing the colors, constituted sufficient proof of an attempt to commit the crime.

subject

professional_law

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Source and history

task_id
ba85607e-7a0e-507c-9ade-dd2845b3358a
task_key
all--test--ba85607e-7a0e-507c-9ade-dd2845b3358a
task_revision_id
1
config / split
all / test

Official source

initial import