CFE-Law Hot Questions, CFE-Law Valid Test Blueprint

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ACFE CFE-Law Exam Syllabus Topics:

Section	Objectives
Topic 1: II. Criminal Law	- Parties to criminal actions - Classification of crimes (felonies, misdemeanors) - Criminal intent and Mens rea - Elements of criminal offenses
Topic 2: III. Criminal Procedure	- Miranda rights - Exclusionary rule - Arrest procedures - Search and seizure laws - Warrant requirements
Topic 3: V. White-Collar Crime Offenses	- Mail fraud and wire fraud - Embezzlement statutes - Securities fraud - Tax fraud - Money laundering - Bankruptcy fraud
Topic 4: VI. Testifying as an Expert Witness	- Qualifications and credentials - Cross-examination strategies - Report writing for legal proceedings - Direct examination procedures
Topic 5: I. Law and the Fraud Examiner	- Overview of the legal system and fraud investigation - Legal requirements for evidence collection - Rights of investigators and defendants
Topic 6: IV. Rules of Evidence	- Privilege and confidentiality - Types of evidence (direct, circumstantial, documentary) - Expert witness testimony - Hearsay rules and exceptions - Relevance and materiality

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ACFE Certified Fraud Examiner Sample Questions (Q87-Q92):

NEW QUESTION # 87
Which of the following would be direct evidence that an employee committed a cash larceny scheme that resulted in the theft of $800 from their employer's safe?

A. A witness testifies that they saw the employee take the money.
B. A witness testifies that the employee was usually the last person to leave the office.
C. A diagram is used to display the location of the employer's safe.
D. A coworker states that the employee appeared to be nervous on the day of the theft.

Answer: A

Explanation:
This question tests your knowledge of Domain 7.
In the context of Individual Rights During Examinations, specifically relating to employee, the question asks about the core concepts in this area.
The correct answer is C: A witness testifies that they saw the employee take the money..
This question relates to individual rights during examinations. The correct answer accurately describes the legal protections, obligations, or privacy considerations that apply in workplace investigations. Fraud examiners must balance investigative needs with legal protections for individuals.

NEW QUESTION # 88
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. Management knew of the underlying offense but did not correct it
B. Management was directly involved with the offense
C. The employee was acting within the scope of their employment
D. The corporation had previous violations of a similar nature

Answer: C

Explanation:
This question tests your knowledge of Domain 1.
In the context of Overview of the Legal System, specifically relating to criminal, the question asks about the core concepts in this area.
The correct answer is D: The employee was acting within the scope of their employment.
This question relates to the legal system framework. Understanding the distinction between different legal systems and processes is crucial for fraud examiners. The correct answer accurately describes the relationship between different legal entities and their jurisdictions.

NEW QUESTION # 89
Which of the following is a legal element that the government must show to prove a conspiracy claim?

A. The defendant knew the purpose of the conspiracy and accomplished it.
B. The defendant knew all the details or objectives of the conspiracy.
C. The defendant knew the purpose of the conspiracy and intentionally joined it.
D. The defendant knew the identity of all the participants in the conspiracy.

Answer: C

Explanation:
The correct answer is B. To prove a conspiracy claim, the government generally must show that the defendant knew the unlawful purpose of the conspiracy and intentionally joined it. A conspiracy does not require proof that the defendant personally completed the intended crime. The offense is based on the unlawful agreement and the defendant's knowing participation in that agreement.
Option A is incorrect because a conspirator does not need to know every detail, objective, or step in the overall scheme. Many conspiracies involve participants with limited knowledge of the full operation, yet they can still be criminally liable if they knowingly join the unlawful plan. Option C is also incorrect because a defendant does not need to know the identity of every other participant. Conspiracy law focuses on intentional participation in the common unlawful purpose, not complete familiarity with all members. Option D is incorrect because the government usually does not need to prove that the defendant actually accomplished the conspiracy's goal. Joining the conspiracy with the required criminal intent is enough. In fraud-related prosecutions, conspiracy is especially important because it allows liability to attach to coordinated misconduct even when one participant did not personally perform every act in the scheme. Therefore, B is the most accurate statement.

NEW QUESTION # 90
Which of the following is the most accurate statement about the UK Bribery Act?

A. The UK Bribery Act has a broader application than the FCPA because it makes commercial bribery a crime.
B. Unlike the FCPA, the UK Bribery Act makes it a crime to bribe a foreign public official in connection with international business transactions.
C. Like the FCPA, the UK Bribery Act contains an explicit exception for facilitating payments.
D. If an organization ' s anti-corruption program complies with the FCPA, then it will also comply with the UK Bribery Act.

Answer: A

Explanation:
The correct answer is C. The CFE Manual states that the UK Bribery Act has a broader application than the FCPA because it reaches commercial bribery, meaning bribery in the private sector, not just bribery involving foreign public officials. The Manual specifically explains that, unlike the FCPA, the UK Bribery Act includes a general commercial bribery offense and also creates a corporate offense for failure to prevent bribery.
Option A is incorrect because the UK Bribery Act does not contain the same kind of explicit exception for facilitating payments associated with the FCPA framework. Option B is also incorrect because the Manual expressly notes that an anti-corruption program sufficient for FCPA compliance might still be insufficient for UK Bribery Act compliance due to the broader scope of the UK law. Option D is incorrect because both the FCPA and the UK Bribery Act criminalize bribery of foreign public officials in connection with international business transactions; that is not a point of difference. Therefore, the most accurate statement is C, because the UK Bribery Act goes further by criminalizing bribery in the private sector as well.

NEW QUESTION # 91
Under the World Bank Principles for Effective Insolvency and Credit/Debtor Regimes (World Bank Principles), which of the following parties should administer the debtor's estate in liquidation bankruptcy proceedings?

A. The debtor, supervised by an independent insolvency representative
B. The jurisdiction's commerce department or equivalent agency
C. The creditor with the largest claim against the debtor
D. An independent insolvency representative

Answer: D

Explanation:
This question tests your knowledge of Domain 3.
In the context of Bankruptcy Fraud, specifically relating to bankruptcy, the question asks about the core concepts in this area.
The correct answer is D: An independent insolvency representative.
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.

NEW QUESTION # 92
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