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| Section | Weight | Objectives |
|---|
| Topic 1: Fraud Investigations and Legal Issues | 25% | - Fraud Investigations
- 1. Reporting investigation findings
- 2. Digital forensics and data analysis
- 3. Evidence collection and documentation
- 4. Chain of custody and evidence preservation
- 5. Investigation planning and case management
- 6. Surveillance and covert operations
- 7. Interviewing techniques and witness statements
- Legal Issues
- 1. Rules of evidence and admissibility
- 2. Criminal law fundamentals related to fraud
- 3. Legal considerations in fraud investigations
- 4. Search and seizure procedures
- 5. Rights of suspects and accused persons
- 6. Civil law concepts and liability
- 7. Courtroom procedures and testimony
|
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ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions (Q177-Q182):
NEW QUESTION # 177
Assuming that a jurisdiction has prohibited pretexting against financial institutions, which of the following actions would constitute illegal pretexting?
- A. Intentionally making false statements on loan applications
- B. Stealing a person ' s mail lo obtain the person ' s bank account number
- C. Impersonating an account holder to access their bank records
- D. Setting up a bank account in an assumed name
Answer: C
Explanation:
Pretexting is defined as impersonating someone else or making false/misleading statements to obtain information. Many jurisdictions specifically prohibit pretexting against financial institutions, which includes pretending to be a customer to access their bank account information.
NEW QUESTION # 178
Country A ' s government requires financial institutions to report all instances of a customer depositing or withdrawing more than $10,000 in a day. To avoid attention regarding his illicit assets, James deposits $9,000 each day. In which of the following schemes is James engaging?
- A. Structuring scheme
- B. Integration scheme
- C. Reverse deposit scheme
- D. Mobile payment scheme
Answer: A
Explanation:
This question tests your knowledge of Uncategorized.
the question asks about his illicit assets, James deposits $9,000 each day.
The correct answer is D: Structuring scheme.
This question tests your understanding of key fraud examination concepts and legal principles.
References:
- CFE Exam Content Outline: Uncategorized
- Fraud Examiners Manual, Law Section
NEW QUESTION # 179
Which of the following statements concerning judgments involving parties that are in multiple jurisdictions is MOST ACCURATE?
- A. A judgment in one jurisdiction is enforceable against assets in another country if the foreign jurisdiction has laws or agreements that recognize foreign judgments.
- B. A judgment in a domestic jurisdiction can be enforced in a foreign jurisdiction only with the consent of both parties and the judge.
- C. A judgment in a foreign jurisdiction can be enforceable in a domestic jurisdiction if it involves criminal matters but not civil matters.
- D. A judgment in a domestic jurisdiction can be used to recover a defendant's assets in a foreign jurisdiction, regardless of the foreign jurisdiction.
Answer: A
NEW QUESTION # 180
In jurisdictions that allow for corporate criminal liability, which of the following is typically required for the corporation to be vicariously liable for the acts of one of its employees?
- A. An employee of the corporation committed each element of a criminal offense.
- B. The employee was acting outside the scope of their employment.
- C. Management was directly involved in the underlying offense.
- D. The employee committed the offense with the intention of personal benefit.
Answer: A
Explanation:
The best answer is D. Under corporate criminal liability principles, vicarious liability begins with the requirement that a corporate employee or agent actually committed the underlying criminal offense. The Department of Justice explains that, under respondeat superior, a corporation may be held criminally liable for the acts of its employees or agents when those acts were within the scope of their duties and intended, at least in part, to benefit the corporation.
Among the answer choices, D is the one that captures the necessary starting point: an employee must have committed the offense itself, meaning the conduct satisfied the offense's elements. Option A is incorrect because the required intent is not merely personal benefit; indeed, corporate liability usually turns on some intent to benefit the corporation. Option B is incorrect because acts outside the scope of employment generally weaken, rather than establish, vicarious liability. Option C is also incorrect because direct management participation is not always required; corporations can be liable for employee conduct even when senior management was not personally involved. Thus, while additional requirements often exist, the option that most accurately states what is typically required is that an employee committed each element of a criminal offense, making D the best answer.
NEW QUESTION # 181
Cora, a Certified Fraud Examiner (CFE), wants to ensure that the authenticity of the evidence she collected during her investigation is not compromised. Her main objective should be to:
- A. Establish a clear chain of custody to show that the evidence has not been changed.
- B. Require opposing parties to present a court order to access any physical evidence.
- C. Prevent all other parties from obtaining physical control of the evidence.
- D. Only release the evidence to the judge who will be presiding over the case.
Answer: A
Explanation:
The correct answer is B. The CFE Manual states that authenticity is supported by establishing a chain of custody, which is both a process and a document showing who had possession of an item and what was done with it. The chain of custody is important because it helps prove that the evidence has not been materially altered or changed from the time it was collected until it is produced in court. That is exactly the concern raised in this question.
The Manual further explains that establishing chain of custody generally involves documenting each person who had control of the evidence, when and how it was received, how it was stored, whether any changes occurred while it was in that person's possession, and how it left that person's custody. It is therefore the primary method for preserving and proving authenticity.
The other options do not address authenticity as directly. Limiting release only to a judge is not the standard legal requirement. Requiring court orders from opposing parties may relate to access disputes, not authenticity. Preventing all others from ever handling the evidence is also unrealistic and unnecessary if possession is properly documented. For CFE purposes, the best practice is to maintain a clear, documented chain of custody, so B is the correct answer.
NEW QUESTION # 182
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