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| Section | Weight | Objectives |
|---|---|---|
| Law Related to Fraud | 10-15% | - Corruption and bribery laws - Conspiracy and obstruction of justice - Fraud and misrepresentation - Mail, wire, and false claims fraud |
| Individual Rights During Examinations | 10-15% | - Employee rights and duties - Whistleblower protections - Rights in public vs private sector |
| Specialized Fraud Laws | 15-25% | - Bankruptcy fraud - Money laundering and financial regulations - Securities fraud - Tax fraud |
| Legal Systems and Procedures | 10-15% | - Civil and criminal litigation
|
| Rules of Evidence and Testimony | 10-15% | - Expert witness standards and testimony - Hearsay and exceptions - Admissibility of evidence |
| Fraud Investigation Methodology | 20-25% | - Investigation planning and scope - Data analysis and tracing illicit transactions - Investigation reporting and documentation - Evidence collection and preservation - Interview and interrogation techniques |
>> Accurate ACFE CFE-Fraud-Investigations-and-Legal-Issues Answers <<
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NEW QUESTION # 181
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 # 182
Under the best practices listed in the Financial Action Task Force (FATF) Recommendations concerning large cash transactions with customers which of the following transactions would require a report to be Wed with the government?
Answer: D
Explanation:
This question tests your knowledge of Domain 5.
In the context of Money Laundering, specifically relating to FATF, the question asks about large cash transactions with customers which of the following transactions would require a report to be Wed with the government, FATF.
The correct answer is D: A lump-sum cash deposit to a bank above the jurisdiction ' s designated threshold.
This question addresses money laundering concepts. The correct answer correctly identifies the stage, method, or regulatory framework related to money laundering or anti-money laundering efforts. Understanding these processes is critical for fraud examiners working to detect and prevent financial crimes.
References:
- CFE Exam Content Outline: Domain 5: Money Laundering
- FATF
- Fraud Examiners Manual, Law Section
NEW QUESTION # 183
Which of the following statements concerning the appointment of expert witnesses during trial is most accurate?
Answer: B
Explanation:
The correct answer is B. The CFE Manual explains that in adversarial proceedings, expert witnesses are usually chosen by the parties to the litigation, although the court may also appoint an independent expert in some circumstances. By contrast, in inquisitorial jurisdictions, judges typically appoint their own experts to evaluate technical matters. That makes option B the most accurate statement.
Option A is incorrect because it reverses the usual adversarial rule. Courts in adversarial systems may appoint experts, but they are not generally the only ones allowed to do so. Option C is incorrect because juries do not generally select expert witnesses in inquisitorial jurisdictions; the judge typically performs that function.
Option D is also inaccurate because the parties are not primarily responsible for selecting experts in inquisitorial systems; again, that role usually belongs to the court or judge. The Manual further notes that in inquisitorial systems, expert selection is often viewed as an extension of the court's authority and discretion.
Therefore, the best statement is that parties usually choose experts in adversarial cases, while the court may also appoint experts when appropriate.
NEW QUESTION # 184
Kelton, a Certified Fraud Examiner (CFE), is conducting an admission-seeking interview with Jordan, an employee in human resources (HR). Jordan is suspected of creating a fictitious employee on the company payroll and collecting the pay for that fictitious employee. Jordan denies any wrongdoing, stating that he is only paid for his own work. Which of the following options describes the BEST piece of evidence for Kelton to show Jordan in response to his denial?
Answer: B
Explanation:
The strongest evidence is the direct deposit payslips showing that Jordan and the fictitious employee share the same bank account details. In a ghost employee or fictitious employee payroll scheme, one key test is whether multiple employees are using the same bank account for direct deposit. This evidence directly links Jordan to the payroll payments issued to the fictitious employee and directly rebuts his denial that he is only paid for his own work. The coworker's statement about vacations might show lifestyle changes but does not prove the payroll scheme. System-access records show opportunity, not actual diversion of wages. Negative social media posts are irrelevant to whether Jordan created and collected pay for a fictitious employee.
NEW QUESTION # 185
Cynthia is preparing to conduct a covert investigation. Prior to conducting surveillance of her subject, she creates a memorandum outlining the basis for her operation Which of the following pieces of information should she include in her memorandum?
Answer: C
Explanation:
Before conducting surveillance, a memorandum should document the basis for the covert operation, including: (1) the information the operation is based on, (2) expected information to be gained, (3) identities of suspects (subjects) if known, and (4) operatives under the examiner's control. Confidential sources should not be identified by name but referred to symbolically.
NEW QUESTION # 186
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