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ACFE CFE-Fraud-Investigations-and-Legal-Issues Exam Syllabus Topics:

SectionWeightObjectives
Fraud Investigations and Legal Issues25%- Legal Issues
  • 1. Search and seizure procedures
    • 2. Legal considerations in fraud investigations
      • 3. Courtroom procedures and testimony
        • 4. Rules of evidence and admissibility
          • 5. Criminal law fundamentals related to fraud
            • 6. Civil law concepts and liability
              • 7. Rights of suspects and accused persons
                - Fraud Investigations
                • 1. Investigation planning and case management
                  • 2. Surveillance and covert operations
                    • 3. Chain of custody and evidence preservation
                      • 4. Reporting investigation findings
                        • 5. Evidence collection and documentation
                          • 6. Interviewing techniques and witness statements
                            • 7. Digital forensics and data analysis

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                              ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions (Q460-Q465):

                              NEW QUESTION # 460
                              Mary and Keith live in different countries. Mary believes she has a legal cause of action against Keith.
                              Because Keith is the defendant, he may file the lawsuit in any court, in either of the countries where he or Mary lives.

                              Answer: A

                              Explanation:
                              The correct answer is B. False. A defendant does not ordinarily file the initial lawsuit. In a civil action, the plaintiff-here, Mary-is the party who begins the case by filing a complaint or similar pleading in a court that has proper jurisdiction. The CFE Law materials explain that civil actions generally begin with the filing of a pleading by the plaintiff, usually in the jurisdiction where the defendant resides or where the claim arose.
                              That directly contradicts the statement in the question.
                              The statement is also inaccurate because a lawsuit cannot simply be filed in any court in either country. A proper court must have jurisdiction over the parties and the subject matter, and venue rules must also be satisfied. In cross-border disputes, those issues can become even more complex, especially where the parties live in different countries. The core error, however, is enough to make the statement false: Keith, as the defendant, does not get to initiate the case merely because he is the defendant. Mary, as the party claiming legal relief, would normally be the one to file. Therefore, under basic civil procedure principles used in the CFE Law topics, the answer is False.


                              NEW QUESTION # 461
                              If you are seizing a computer for forensic analysis, why is it generally necessary to seize any copiers connected to it?

                              Answer: A

                              Explanation:
                              The 2014 International Fraud Examiners Manual and CFE Prep - Investigations explicitly state:
                              "Like some printers, copiers and other multifunction machines might have internal storage devices that store relevant data. In fact, almost every copier built since 2002 has a hard drive that stores images of documents the machines have copied, scanned, or emailed. Some copiers store user access records and a history of copies made. ... when seizing a computer for forensic analysis, it is generally necessary to seize any copiers and scanners connected to it." Thus, the correct answer is C.


                              NEW QUESTION # 462
                              Naveed, a fraud suspect, has decided to confess to Omar, a Certified Fraud Examiner (CFE). In obtaining a verbal confession from Naveed. Omar should obtain all of the following items of information EXCEPT:

                              Answer: A

                              Explanation:
                              When obtaining a verbal confession, the fraud examiner should secure details such as: admission of wrongdoing, number of instances, amount involved, dates, involvement of others, residual assets, and motive.
                              However, it does not matter whether the suspect claims the conduct was an accident; that is not necessary to record.


                              NEW QUESTION # 463
                              Which of the following options describes a goal of deferred prosecution agreements?

                              Answer: D

                              Explanation:
                              Deferred prosecution agreements are commonly used to resolve corporate misconduct while encouraging reform. Under such an agreement, prosecution is deferred while the organization satisfies specified conditions, such as cooperating with authorities, paying penalties, improving controls, disciplining wrongdoers, and enhancing compliance programs. A central goal is to encourage the company to change its corporate culture so similar misconduct does not recur. Option B describes plea bargaining more than a deferred prosecution agreement. Option A is incorrect because the goal is usually remediation, not dissolution. Option D is too narrow because the agreement does not merely wait for an internal investigation; it typically imposes forward-looking obligations. In fraud-related legal matters, deferred prosecution agreements are designed to promote accountability while encouraging organizational correction and compliance improvements.


                              NEW QUESTION # 464
                              Susan, a Certified Fraud Examiner (CFE). is conducting an ad mission-seeking interview of Beth, a fraud suspect. After Susan gave Beth a suitable rationalization for her conduct. Beth continued her denials, giving various alibis. Which of the following would be the LEAST EFFECTIVE technique for Susan to use in this situation?

                              Answer: B

                              Explanation:
                              "Alibis generally can be diffused by displaying physical evidence... evidence should be displayed one piece at a time, in reverse order of importance"#16:2014 International Fraud Examiners Manual.pdf L11-L14#.
                              The Prep Guide warns: "The proper technique is not to lay it all out at once" .
                              Thus, showing everything at once is the least effective.


                              NEW QUESTION # 465
                              ......

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