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| Section | Weight | Objectives |
|---|---|---|
| Law Related to Fraud | 10-15% | - Conspiracy and obstruction of justice - Mail, wire, and false claims fraud - Corruption and bribery laws - Fraud and misrepresentation |
| Specialized Fraud Laws | 15-25% | - Money laundering and financial regulations - Tax fraud - Securities fraud - Bankruptcy fraud |
| Legal Systems and Procedures | 10-15% | - Overview of legal systems
|
| Rules of Evidence and Testimony | 10-15% | - Admissibility of evidence - Expert witness standards and testimony - Hearsay and exceptions |
| Fraud Investigation Methodology | 20-25% | - Investigation planning and scope - Data analysis and tracing illicit transactions - Evidence collection and preservation - Interview and interrogation techniques - Investigation reporting and documentation |
| Individual Rights During Examinations | 10-15% | - Whistleblower protections - Employee rights and duties - Rights in public vs private sector |
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NEW QUESTION # 108
Assuming that a jurisdiction has prohibited pretexting against financial institutions, which of the following actions would constitute illegal pretexting?
Answer: B
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 # 109
According to the Organisation for Economic Co-operation and Development's OECD Recommendation on Combating Bribery in International Business, member states are encouraged to combat the bribery of foreign public officials by improving which of the following primary areas within their respective infrastructures?
Answer: B
Explanation:
Under the ACFE Fraud Examiners Manual, Law Section, specifically in The Law Related to Fraud and International Initiatives Against Fraud and Corruption , the OECD Recommendation on Combating Bribery of Foreign Public Officials in International Business Transactions emphasizes strengthening the legal infrastructure of member states.
The Recommendation calls on countries to adopt and enforce effective criminal laws that prohibit the bribery of foreign public officials. It also encourages the enhancement of civil, commercial, and administrative frameworks to support enforcement. This includes corporate liability provisions, adequate sanctions, proper accounting and auditing standards, whistleblower protections, and mechanisms for international cooperation.
The goal is to ensure that bribery is clearly defined as a criminal offense and that enforcement mechanisms are robust, coordinated, and effective.
The focus is not on data protection, e-commerce regulations, or general public health and safety laws. Instead, it centers on harmonizing and strengthening anti-bribery statutes and related legal systems to ensure transparency, accountability, and deterrence in international business transactions.
Therefore, the primary area member states are encouraged to improve is their criminal, civil, commercial, and administrative laws, making option B the correct answer.
NEW QUESTION # 110
Which of the following is NOT a step a fraud examiner must take before seizing evidence in a digital forensic investigation?
Answer: D
Explanation:
The Fraud Examiners Manual lists required steps before seizing evidence:
Obtain legal authority.
Review privacy issues.
Ensure software/hardware are validated.
Document surroundings, inspect for traps, image drives, etc.
There is no requirement to assemble a team exclusively of outside experts.
Before seizing evidence in a digital forensic investigation, the 2014 International Fraud Examiners Manual outlines several critical steps:
Obtain legal authority / review orders:
"Before obtaining evidence, ensure that there is legal authority to seize evidence and review the data associated with the evidence. This might require obtaining a warrant in a criminal matter or ensuring that internal policies authorise seizure for an internal investigation." Determine privacy issues:
"Before the fraud examiner can seize evidence, he must take certain steps to help ensure that the evidence will be admissible: He must determine whether there are any privacy interests in the item(s) to be searched... In every case where it becomes necessary to seize a computer or other device capable of storing digital evidence, the investigator should consult with legal counsel." Use only trained professionals/software:
"It is important to allow a trained examiner to conduct a proper seizure and examination of digital evidence to help ensure that the information can be used in a legal proceeding."
# These are all valid required steps.
In contrast, the idea that the team must be composed only of outside digital forensic experts is NOT a required step. The Manual stresses flexibility in team composition:
"Some organisations have their own in-house personnel... while others might prefer the use of an outside examiner. Sometimes retrieving digital data is as easy as searching the target computer's hard drive, but other times retrieval requires a thorough knowledge of computers." Thus, requiring only outside experts is not a standard step, since investigations may use internal, external, or a mix of specialists depending on the situation.
NEW QUESTION # 111
Which of the following is NOT true about observing the reactions of interview subjects?
Answer: B
Explanation:
The Fraud Examiners Manual states:
"Interviewers are encouraged to formulate their questions in a way that will not bring about a strong emotional reaction... emotive words of all types should be avoided during the introductory phase. Such words put people on the defensive".
Thus, statement C is NOT true.
NEW QUESTION # 112
Which of the following is a red flag that an entity is operating a security business without the proper license or registration?
Answer: D
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 agents working at the entity have criminal records..
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.
References:
- CFE Exam Content Outline: Domain 1: Overview of the Legal System
- criminal
- Fraud Examiners Manual, Law Section
NEW QUESTION # 113
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