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| Section | Weight | Objectives |
|---|---|---|
| Fraud Investigations and Legal Issues | 25% | - Fraud Investigations
|
>> CFE-Fraud-Investigations-and-Legal-Issues Latest Test Dumps <<
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NEW QUESTION # 220
Calvin, an attorney, sends a letter that is protected by a legal professional privilege to Katrina, one of his clients. Upon receiving the letter, Katrina emails it to her coworker who has no need to know the information contained in the letter. Which of the following statements is MOST ACCURATE?
Answer: A
Explanation:
This question tests your knowledge of Domain 10.
In the context of Basic Principles of Evidence, specifically relating to privilege, the question asks about MOST ACCURATE.
The correct answer is B: The privilege might have been waived because Katrina transmitted the protected information to a third party who has no need to know the information..
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
- privilege
- Fraud Examiners Manual, Law Section
NEW QUESTION # 221
Slater has been appointed as a bankruptcy administrator. According to the recommendations of the World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes (World Bank Principles), which of the following statements concerning Slater ' s role as bankruptcy administrator is MOST ACCURATE?
Answer: B
Explanation:
This question tests your knowledge of Domain 3.
In the context of Bankruptcy Fraud, specifically relating to bankruptcy, administrator, the question asks about MOST ACCURATE, Slater ' s role as bankruptcy administrator is MOST ACCURATE.
The correct answer is C: Slater may collect, preserve, and dispose of the debtor ' s property..
This question focuses on bankruptcy fraud concepts. The correct answer correctly identifies the relevant bankruptcy process, filing type, or fraud scheme. Understanding bankruptcy proceedings and the roles of various parties is essential for fraud examiners investigating these cases.
References:
- CFE Exam Content Outline: Domain 3: Bankruptcy Fraud
- bankruptcy
- administrator
- Fraud Examiners Manual, Law Section
NEW QUESTION # 222
Janet suspects that a local restaurant is being used as a front business for a criminal operation. Which of the following types of records would be the MOST LIKELY to help Janet discover who owns the restaurant building?
Answer: B
Explanation:
The Fraud Examiners Manual states:
"If a business or individual constructs a new building or makes improvements to an existing building, there should be a building permit on file with the local building authority. In many cases, the person applying for permits will be the owner or someone traceable to the owner." CFE Prep supports this:
"Building permit records... are often required before most businesses can open... and often list the owner or someone traceable to the owner." Thus, building permit records are most likely to help identify the restaurant's owner.
NEW QUESTION # 223
Which of the following typically does NOT need to be present for communications between an attorney and the attorney's client to be protected by a legal professional privilege?
Answer: B
Explanation:
The correct answer is C. The CFE Manual explains that legal professional privileges generally protect confidential communications between a professional legal advisor and a client when the communications are made for the purpose of giving or receiving legal advice. Thus, the usual elements include a communication between lawyer and client, a legal-advice purpose, and an intent that the communication remain confidential.
A written contract requiring confidentiality is not typically required for the privilege to apply. The privilege arises from the nature of the relationship and the purpose and confidentiality of the communication, not from a separate written agreement. Of course, engagement letters or representation agreements may exist in practice, but they are not themselves a standard legal element of privilege. That is why option C is the only choice that does not usually need to be present.
This distinction is important for fraud examiners because privileged communications can extend beyond direct attorney-client conversations in some circumstances, including communications with nonlawyer professionals assisting counsel, provided the communications remain confidential and are tied to legal advice.
But the existence of privilege still does not depend on a written confidentiality contract. Therefore, C is the most accurate answer.
NEW QUESTION # 224
Which of the following factors is MOST RELEVANT for a fraud examiner to consider when determining whether they can legally search for and extract information shared through social media?
Answer: C
Explanation:
The most relevant factor is whether the social media page or profile is publicly available. Fraud examiners may generally search and extract information from a subject's page if it is open to the public. However, privacy settings and privacy laws limit what information may be accessed. Examiners should avoid pretexting, password cracking, social engineering, or other unethical means to access restricted material. Platform ownership and the likelihood of finding incriminating evidence do not determine legality. The type of content might affect relevance, but legality turns primarily on whether the information was lawfully available to the public or obtained through proper legal process.
Therefore, option B is the best answer.
NEW QUESTION # 225
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