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| Section | Weight | Objectives |
|---|---|---|
| Fraud Investigations and Legal Issues | 25% | - Fraud Investigations
|
>> Exam CFE-Fraud-Investigations-and-Legal-Issues Materials <<
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NEW QUESTION # 351
Under the ________, people in fiduciary relationships must act with the same skill and attention that is normally exercised by ordinarily prudent persons who are in similar positions.
Answer: C
Explanation:
The correct answer is B. Duty of care. The CFE Manual states that the duty of care means people in a fiduciary relationship must act with the care that an ordinarily prudent person would employ in similar positions. It further explains that corporate officers, directors, high-level employees, and other fiduciaries must conduct business affairs prudently, using the skill and attention normally exercised by people in comparable roles.
This standard is different from the duty of loyalty, which focuses on faithfulness to the principal and avoiding self-dealing, kickbacks, undisclosed conflicts of interest, and other disloyal conduct. The duty of care instead addresses the quality of decision-making and oversight. Fiduciaries who act carelessly, recklessly, or without proper prudence can be held responsible for resulting losses, including losses tied to negligence, mismanagement, or waste of corporate assets.
The other options are not the correct doctrinal label used in the CFE Law materials. Because the question specifically describes acting with the skill and attention of an ordinarily prudent person in a similar position, it is describing the duty of care. Therefore, B is the correct answer.
NEW QUESTION # 352
Elsa, a fraud examiner at ABC Corp., is interviewing Leah, a fraud suspect. Leah allegedly committed a fraud scheme that resulted in a loss of $200,000 for ABC. Elsa asks Leah directly whether she was involved in the fraud. Which of the following responses from Leah is MOST LIKELY an indication that she is being deceptive?
Answer: D
Explanation:
CFE interview guidance identifies verbal behaviors that often appear when an interviewee is being deceptive.
A strong indicator is answering with a question rather than providing a direct denial. When asked directly about misconduct, truthful respondents commonly give a straightforward "no" and may add clarifying facts.
Deceptive respondents sometimes deflect, buy time, or attempt to regain control by replying with a question such as, "Why would I do something like that?" This response avoids the substance of the allegation and shifts the burden back to the interviewer, potentially probing how much evidence the interviewer has. While Options A, B, and D are denials (and any denial could be untrue), the CFE materials specifically flag
"answering with a question" as a frequent deceptive tactic because it functions as diversion and can indicate discomfort with issuing a clear denial. Therefore, among the choices presented, Option C is most consistent with a deceptive verbal response pattern described in CFE interview methodology.
NEW QUESTION # 353
Which of the following options is a primary purpose of an admission-seeking interview?
Answer: C
Explanation:
Admission-seeking questions serve several purposes, including distinguishing innocent individuals from culpable individuals, encouraging a culpable person to confess, and obtaining a signed written statement acknowledging the facts. The admission-seeking interview is not a routine background interview and should be used only when the examiner has a reasonable basis to believe the subject committed the act and other reasonable investigative steps have been completed. Remorse might arise during the interview, but measuring remorse is not its primary purpose. Asset recovery is also important in fraud examinations, but it is not the main purpose of an admission-seeking interview.
Gathering background information is usually handled through introductory or informational questions. Therefore, option C best reflects the purpose stated in the CFE materials.
NEW QUESTION # 354
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: B
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 # 355
Eric is investigating Beth on behalf of their employer, XYZ Incorporated. During the investigation, Eric learns that Beth recently underwent surgery for a chronic illness and tells a group of their coworkers who are not involved in the investigation true details about Beth's health issues. Assuming that their jurisdiction has civil laws for all the following causes of action, which one would give Beth the BEST chance for success if she decides to bring a civil action against Eric?
Answer: A
Explanation:
Beth's strongest claim is public disclosure of private facts. The Fraud Examiners Manual explains that this civil wrong occurs when someone publicizes private facts about another person's life that are not of public concern and would be highly offensive to a reasonable person. Medical information about surgery and a chronic illness is private, and Eric disclosed it to coworkers who were not involved in the investigation. Defamation and slander require false statements that harm reputation, but the facts here state that Eric disclosed true information. Negligent misrepresentation involves false information supplied carelessly, usually in a business or transactional setting. Because liability can arise even when private facts are true, option B is the best answer.
NEW QUESTION # 356
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