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

Section	Weight	Objectives
Legal Systems and Procedures	10-15%	- Overview of legal systems 1. Civil vs. common law 2. Adversarial vs. inquisitorial processes - Civil and criminal litigation 1. Criminal prosecution procedures 2. Civil litigation process
Specialized Fraud Laws	15-25%	- Tax fraud - Bankruptcy fraud - Securities fraud - Money laundering and financial regulations
Individual Rights During Examinations	10-15%	- Employee rights and duties - Rights in public vs private sector - Whistleblower protections
Rules of Evidence and Testimony	10-15%	- Expert witness standards and testimony - Admissibility of evidence - Hearsay and exceptions
Fraud Investigation Methodology	20-25%	- Evidence collection and preservation - Interview and interrogation techniques - Investigation reporting and documentation - Data analysis and tracing illicit transactions - Investigation planning and scope
Law Related to Fraud	10-15%	- Fraud and misrepresentation - Mail, wire, and false claims fraud - Corruption and bribery laws - Conspiracy and obstruction of justice

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ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions (Q14-Q19):

NEW QUESTION # 14
Which of the following is the MOST ACCURATE statement about the privacy of information shared through social media?

A. A fraud examiner cannot be held liable for violating a user ' s privacy rights if they hack or break into areas of a social networking site designated as private because all social media information is public.
B. Hacking or breaking into information on social media sites that is restricted as private could result in liability for fraud examiners due to violation of users ' privacy rights.
C. To access any user-posted information on social media sites, fraud examiners must obtain some type of legal order from the jurisdiction in which the user resides.
D. The Privacy of Social Networks Treaty is a binding international treaty that makes it illegal for law enforcement to seek social media log-in credentials from users.

Answer: B

Explanation:
The Fraud Examiners Manual clearly states:
"Accessing information set to private could result in claims under privacy laws. Thus, information on social media sites that is restricted by privacy settings could result in liability for fraud examiners due to violation of users' privacy rights." Therefore, D is correct

NEW QUESTION # 15
Which of the following is INCORRECT with regard to locating individuals using online records?

A. Obtaining a past address of the subject should be the first step in trying to locate a subject using online records.
B. If an individual has moved, obtaining a past address is usually of no help
C. Before engaging in a search the fraud examine ' should know the mod powerful and useful ' > Des of searches
D. Online records are very useful in locating subjects whose whereabouts are unknown

Answer: B

Explanation:
"When searching for an individual, the fraud examiner should obtain a past address of the subject, and search activities should begin with that information".
Therefore, saying a past address is "of no help" is incorrect.

NEW QUESTION # 16
Which of the following is the MOST ACCURATE statement about how fraud examiners shook! approach fraud examinations?

A. When conducting fraud examinations, fraud examiners should operate under the assumption that the subjects are guilty
B. Fraud examinations should begin with general information that is known, starting at the periphery, and then move to the more specific details.
C. When conducting fraud examinations, fraud examiners should adhere to the means-and-ends approach
D. In most examinations, fraud examiners should interview those who are more involved in the matters at issue before interviewing those who are less involved.

Answer: B

Explanation:
"Fraud examinations should proceed from the general to the specific. That is, they should begin with general information that is known, starting at the periphery, and then move to the more specific details".
This method avoids premature assumptions and ensures systematic evidence development.

NEW QUESTION # 17
An employee at XYZ Company applies for a loan at a local bank on the company's behalf and falsifies financial information without management's knowledge. The bank grants the loan based on the fraudulent numbers. When XYZ Company fails to repay the loan, the bank files a civil suit against the company and trial proceedings commence. Assuming that XYZ Company operates in a civil law jurisdiction, when would the company's duty to preserve evidence begin in this situation?

A. When the trial proceedings commence and the court instructs the parties to retain items.
B. When XYZ Company fails to repay the loan and the bank suffers a loss.
C. When the loan is granted based on the fraudulent numbers.
D. When the employee completes the fraudulent application.

Answer: A

Explanation:
In civil law jurisdictions, the duty to take affirmative steps to preserve evidence is generally narrower than in common law jurisdictions. The Fraud Examiners Manual explains that civil law systems often rely on the court to determine what evidence must be preserved and produced. This differs from common law systems, where the preservation duty commonly arises when litigation is reasonably anticipated. Here, because the question specifically states that XYZ Company operates in a civil law jurisdiction, the company's duty would begin when trial proceedings commence and the court instructs the parties to retain items. The earlier events might be relevant facts, but they do not automatically trigger the civil law preservation duty described in the CFE materials.

NEW QUESTION # 18
Janice, an accountant for ACME Entertainment, misappropriates a significant amount of money from ACME accounts. After an internal investigation, ACME management decides that the company likely needs to refer the case to law enforcement, but it also wants to bring a civil action against Janice. Which of the following statements is TRUE?

A. ACME may pursue a civil action against Janice even if she is involved in criminal action brought by law enforcement if the jurisdiction permits parallel proceedings.
B. ACME must refer the case to law enforcement for potential criminal action and cannot pursue a civil action.
C. ACME must file a civil action prior to referring the case to law enforcement for potential criminal action.
D. ACME may file a civil action only if law enforcement reviews the case and decides not to pursue criminal action against Janice for misappropriating company funds.

Answer: A

Explanation:
Civil and criminal proceedings can sometimes move forward at the same time, depending on the jurisdiction and case circumstances. A company that suffers losses from employee misconduct might refer the matter to law enforcement for possible criminal prosecution while also pursuing civil remedies to recover losses. The criminal case focuses on punishment and public enforcement, while the civil case focuses on compensation, recovery, or equitable relief. Option B is incorrect because referral to law enforcement does not automatically eliminate the victim organization's civil remedies. Option C is also wrong because a civil action does not necessarily depend on law enforcement declining prosecution.
Option D is incorrect because there is no universal rule requiring the civil case to be filed first. The correct answer is A.

NEW QUESTION # 19
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