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| Section | Weight | Objectives |
|---|---|---|
| Fraud Investigations and Legal Issues | 25% | - Legal Issues
|
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NEW QUESTION # 121
Which of the following is the MOST ACCURATE statement about trying to locate a subject using online records?
Answer: D
Explanation:
"To locate people using online records... First, when searching for an individual, the fraud examiner should obtain a past address of the subject, and search activities should begin with that information".
This aligns with the Prep guide: "Obtaining a past address of the subject should be the first step in trying to locate a subject using online records".
Thus, B is correct.
NEW QUESTION # 122
Samson Inc. operates in a jurisdiction that prohibits unreasonable workplace searches and surveillance in areas or items where employees have a reasonable expectation of privacy. In which of the following areas or items can an employee at Samson Inc. most likely have a reasonable expectation of privacy during a workplace search?
Answer: A
Explanation:
The best answer is A. A personal mobile phone brought to the office from home. In the CFE Law materials, workplace privacy analysis turns on whether the employee has a reasonable expectation of privacy in the place or item searched and whether the employer's search is justified, necessary, and proportionate. Personal items that belong to the employee, especially items brought from home and used for private communications or storing personal data, are the strongest candidates for a protected privacy interest.
By contrast, an employer-issued laptop is usually much less private because it is company property and often subject to workplace monitoring policies. A desk drawer in a communal workspace may carry some expectation of privacy in certain situations, but generally less than a personally owned phone, especially if the workspace is shared or subject to employer access. A recycling bin is the weakest option because discarded items usually carry little or no reasonable expectation of privacy. Therefore, among the listed choices, the item an employee is most likely to have a reasonable expectation of privacy in is the personal mobile phone.
This answer is also consistent with the broader CFE principle that privacy protection is strongest where the item is personal, private, and not owned or controlled by the employer.
NEW QUESTION # 123
Anita, a Certified Fraud Examiner (CFE), is investigating a suspected collusion scheme among a group of contractors. While interviewing one of the suspect contractors, Anita asks, "How many years have you been working as a contractor in this city?" This can MOST ACCURATELY be described as a(n) question.
Answer: A
Explanation:
Anita's question is a closed question because it calls for a narrow, specific answer rather than a broad narrative. "How many years have you been working as a contractor in this city?" asks for a number or short factual response. Open questions invite broader explanations and are often useful when the examiner wants the respondent to provide a narrative. A leading question suggests the answer or assumes facts not yet established. A complex question combines multiple subjects or requires multiple answers. Anita's question is simple, factual, and limited in scope, so it is best classified as closed. Closed questions can be useful in interviews when the examiner needs precise background details or confirmation of specific facts.
NEW QUESTION # 124
Which of the following statements regarding civil lawsuits in most jurisdictions is CORRECT?
Answer: D
Explanation:
This question tests your knowledge of Domain 1.
In the context of Overview of the Legal System, specifically relating to civil, the question asks about civil lawsuits in most jurisdictions is CORRECT, CORRECT.
The correct answer is B: Civil lawsuits begin with the filing of a pleading, usually in the jurisdiction in which the defendant resides or where the claim arose.
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
- civil
- Fraud Examiners Manual, Law Section
NEW QUESTION # 125
Kelton, a Certified Fraud Examiner (CFE), is conducting an admission-seeking interview with Jordan, an employee in human resources (HR). Jordan is suspected of creating a fictitious employee on the company payroll and collecting the pay for that fictitious employee. Jordan denies any wrongdoing, stating that he is only paid for his own work. Which of the following options describes the BEST piece of evidence for Kelton to show Jordan in response to his denial?
Answer: C
Explanation:
The strongest evidence is the direct deposit payslips showing that Jordan and the fictitious employee share the same bank account details. In a ghost employee or fictitious employee payroll scheme, one key test is whether multiple employees are using the same bank account for direct deposit. This evidence directly links Jordan to the payroll payments issued to the fictitious employee and directly rebuts his denial that he is only paid for his own work. The coworker's statement about vacations might show lifestyle changes but does not prove the payroll scheme. System-access records show opportunity, not actual diversion of wages. Negative social media posts are irrelevant to whether Jordan created and collected pay for a fictitious employee.
NEW QUESTION # 126
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