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| Section | Objectives |
|---|---|
| Legal Elements of Fraud | - Criminal law vs civil law in fraud cases - Fraud statutes and regulatory frameworks - Burden of proof and standards of evidence |
| Legal Process and Court Procedures | - Rights of suspects and due process - Courtroom procedures and testimony - Rules of evidence and admissibility |
| Interviewing and Interrogation | - Admission and confession handling - Interview techniques and methodologies - Behavioral cues and deception detection |
| Fraud Investigation Procedures | - Documentation and case management - Evidence collection and preservation - Planning and conducting fraud investigations |
>> CFE-Fraud-Investigations-and-Legal-Issues Exam Flashcards <<
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NEW QUESTION # 89
Thea is conducting a fraud examination for a company and suspects one of the company ' s vendors (a one- person operation) of fraudulent billing. Thea wants to obtain a copy of the suspect individual ' s credit report and personal data from a third-party information broker. If Thea works in a jurisdiction that regulates the distribution of personal credit information, she cannot obtain the suspect ' s personal credit data under any circumstances.
Answer: B
Explanation:
Credit reports can sometimes be obtained legally if proper consent or a recognized legal basis (such as employment background checks, extension of credit, or legal proceedings) exists. The Manual notes:
"Access to personal credit data may be permitted when the individual has given consent or when required for employment, credit, or legal reasons".
Thus, it is not true that credit data can never be obtained-circumstances exist where it can be done lawfully.
NEW QUESTION # 90
Which of the following is the MOST APPROPRIATE measure when seeking to avoid alerting suspected perpetrators who are under investigation?
Answer: B
Explanation:
The Fraud Examiners Manual advises avoiding prematurely alerting perpetrators. Recommended methods include:
"Conducting investigations at times when the suspect is not present (such as nonbusiness hours)".
This avoids tipping off suspects.
NEW QUESTION # 91
Maddie, a Certified Fraud Examiner (CFE), is investigating allegations that an employee in Pyramid Corporation's Payroll Department is embezzling funds for personal use. Which of the following types of information will Maddie MOST LIKELY be able to obtain from external sources without the subject's consent or the use of a legal order?
Answer: D
Explanation:
Real property records are commonly available through public or external records sources and can help fraud examiners identify assets acquired by a subject. These records may reveal ownership, purchase history, liens, mortgages, and other details useful in tracing or recovering illicit proceeds. Wage and salary records are generally maintained by the employer and are not normally available from external public sources without authority. Work email history is internal company information or electronically stored information requiring proper authorization. Personnel file documents are confidential employment records and are not public external records. Because real property records are usually maintained by government recording offices and are often publicly searchable, Maddie is most likely able to obtain information about real property assets without consent or legal order.
NEW QUESTION # 92
Which of the following questions would be most effective when starting the calibration process during an interview?
Answer: A
Explanation:
The calibration (or norming) process in interviews is meant to establish a baseline of the subject's normal verbal and nonverbal behavior. This is done by asking noncritical background questions so that later deviations can be more reliably identified.
From the CFE Prep guide:
"The proper way an interviewer should start the calibration (norming) of a witness is through the use of:
Noncritical questions on background information. ... Examples of noncritical questions include 'When did you start with the company?' and 'How long is your commute?'".
Thus, the correct answer is D. "How many jobs have you had before this one?" since it is a nonthreatening background question.
NEW QUESTION # 93
Which of the following describes the purpose of an expert witness testimony at trial?
Answer: C
Explanation:
This question tests your knowledge of Domain 11.
In the context of Testifying, specifically relating to expert witness, testimony, the question asks about the core concepts in this area.
The correct answer is C: To give an opinion when the fact finder needs specialized knowledge.
This question relates to expert witness testimony. The correct answer accurately describes the role, qualifications, or techniques for effective expert testimony. Fraud examiners often serve as expert witnesses and must understand these principles. Expert witnesses provide specialized knowledge to help the fact finder understand complex issues. Their testimony must be relevant, reliable, and based on sufficient facts or data.
References:
- CFE Exam Content Outline: Domain 11: Testifying
- expert witness
- testimony
- Fraud Examiners Manual, Law Section
NEW QUESTION # 94
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