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| Section | Weight | Objectives |
|---|
| Fraud-Related Laws and Offenses | 25% | - Money laundering and related offenses - Anti-corruption laws (e.g., FCPA) - Bankruptcy, securities, and tax fraud - Elements of fraud
|
| Litigation, Testimony and Enforcement | 20% | - Criminal prosecution process - Testimony and expert witness standards - Civil actions and remedies
|
| Rights of Individuals During Investigation | 15% | - Constitutional protections - Attorney-client privilege and work product doctrine - Rights of employees and suspects
|
| Evidence and Legal Procedure | 20% | - Collection and preservation of evidence - Admissibility and exceptions (e.g., business records) - Principles of evidence
|
| Legal Systems and Framework | 20% | - Administrative and regulatory law - Overview of legal systems - Civil vs. criminal law
|
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ACFE Certified Fraud Examiner Sample Questions (Q42-Q47):
NEW QUESTION # 42
All of the following are methods of pretrial civil discovery commonly found in common law jurisdictions EXCEPT:
- A. Written examinations
- B. Oral examinations
- C. Affidavits of documents or records
- D. Injunctions
Answer: D
NEW QUESTION # 43
Clara is a fraud examiner investigating a potentially fraudulent misrepresentation made in the sale of a security. Which of the following questions should Clara ask to determine if the misrepresentation was material?
- A. "Would a reasonable investor want to know the information to make an informed decision?"
- B. "Is the person who made the misrepresentation registered as a broker-dealer?"
- C. "Did the person who made the representation have authorization to make the statements that are in dispute?"
- D. "Were potential investors promised guaranteed returns in the misrepresentation?"
Answer: A
Explanation:
This question tests your knowledge of Domain 2.
In the context of The Law Related to Fraud, specifically relating to misrepresentation, the question asks about the core concepts in this area.
The correct answer is A: "Would a reasonable investor want to know the information to make an informed decision?".
This question addresses fraud-related laws. The correct answer identifies the proper legal concept or violation that applies in the described scenario. Fraud examiners must understand these legal principles to properly identify and address fraudulent activities.
References:
- CFE Exam Content Outline: Domain 2: The Law Related to Fraud
- misrepresentation
- Fraud Examiners Manual, Law Section
NEW QUESTION # 44
Which of the following would be circumstantial evidence that a cashier at a retail store committed a cash larceny scheme that resulted in the theft of $900 from the store?
- A. A witness testifies that they saw the cashier take money out of a cash register on the day that the theft occurred.
- B. A coworker explains the ethics policy that the retail store's employees must follow.
- C. A diagram is used to display the location of the retail store's cash registers.
- D. A witness testifies that the cashier made a $900 deposit to their personal bank account the day after the theft occurred.
Answer: D
NEW QUESTION # 45
The MAIN PURPOSE for maintaining the chain of custody on an item of evidence is to
- A. Establish that the evidence has not been altered or changed from the time it was collected through its production in court
- B. Verify that the item of evidence has only been handled by court officials prior to its production m court.
- C. Eliminate re need to authenticate the item of evidence in court
- D. event opposing parties from accessing evidence without a court order
Answer: A
Explanation:
This question tests your knowledge of Domain 10.
In the context of Basic Principles of Evidence, specifically relating to chain of custody, the question asks about MAIN PURPOSE.
The correct answer is A: Establish that the evidence has not been altered or changed from the time it was collected through its production in court.
This question tests knowledge of evidence principles. The correct answer correctly distinguishes between types of evidence, admissibility requirements, or evidentiary privileges. Proper handling of evidence is crucial for successful fraud investigations and prosecutions.
References:
- CFE Exam Content Outline: Domain 10: Basic Principles of Evidence
- chain of custody
- Fraud Examiners Manual, Law Section
NEW QUESTION # 46
Which of the following statements is MOST ACCURATE concerning how criminal bargaining agreements are typically handled in jurisdictions where such agreements are allowed?
- A. The defense generally has the discretion to decide whether to settle charges with a bargaining agreement.
- B. Both the prosecution and the defense have the discretion to decide whether to settle charges with a bargaining agreement.
- C. The prosecution generally has the discretion to decide whether to settle charges with a bargaining agreement.
- D. Only the judge assigned to the case has the discretion to decide whether to settle charges with a bargaining agreement.
Answer: A
Explanation:
This question tests your knowledge of Domain 1.
In the context of Overview of the Legal System, specifically relating to criminal, the question asks about MOST ACCURATE, how criminal bargaining agreements are typically handled in jurisdictions where such agreements are allowed.
The correct answer is A: The defense generally has the discretion to decide whether to settle charges with a bargaining agreement..
This question relates to the legal system framework. Understanding the distinction between different legal systems and processes is crucial for fraud examiners. The correct answer accurately describes the relationship between different legal entities and their jurisdictions.
NEW QUESTION # 47
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