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| Section | Weight | Objectives |
|---|---|---|
| Fraud Investigations and Legal Issues | 25% | - Fraud Investigations
|
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NEW QUESTION # 143
Quincy, a Certified Fraud Examiner (CFE), is investigating a payroll fraud scheme. While interviewing a subject in the case, Quincy asks, "What year did you start working in the accounting department?" This can MOST ACCURATELY be described as a(n) ______ question.
Answer: A
Explanation:
CFE interviewing guidance distinguishes among open, closed, and leading questions used during the fact- gathering portion of an interview. Closed questions require a precise, specific answer- commonly "yes/no," but also specifics such as dates, amounts, and times. The question "What year did you start working in the accounting department?" seeks a specific date-like fact (a particular year) rather than inviting a narrative explanation. That is the hallmark of a closed question: it restricts the response to a narrow factual point and does not encourage expansive detail. By contrast, open questions (e.g., "Please describe the procedures to me") are designed to elicit a broader, more descriptive answer. Leading questions are framed to suggest the answer and are often used to confirm information already known, whereas Quincy's question does not embed a suggested response-he is simply requesting a specific historical fact. Therefore, under CFE definitions, this question is most accurately classified as closed.
NEW QUESTION # 144
Evidence that tends to make some fact that is in dispute more or less likely than it would be without the evidence is called:
Answer: C
Explanation:
According to the ACFE Fraud Examiners Manual, Law Section, specifically under Basic Principles of Evidence and Admissibility of Evidence , relevant evidence is defined as evidence having any tendency to make a fact that is of consequence to the determination of the action more or less probable than it would be without the evidence. This definition focuses on the logical relationship between the evidence and a disputed issue in the case.
Relevance is a foundational requirement for admissibility. If evidence does not bear on a material fact in dispute, it is generally inadmissible because it does not assist the trier of fact in resolving the matter. The threshold for relevance is relatively low; the evidence need only slightly increase or decrease the probability of a consequential fact.
Circumstantial evidence refers to indirect evidence that requires inference to connect it to a conclusion of fact, while testimonial evidence consists of statements made by a witness under oath. Demonstrative evidence includes physical objects, models, or visual aids used to illustrate testimony. Although these are types or forms of evidence, they are not definitions of the concept described in the question.
Therefore, the correct term for evidence that makes a disputed fact more or less likely is relevant evidence.
NEW QUESTION # 145
Management at ABC Org. suspects that Marcia, an employee in charge of negotiating vendor contracts, has a conflict of interest. For ABC Org. ' s conflict-of-interest claim to be actionable, which of the following scenarios must be TRUE?
Answer: B
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 TRUE, ABC.
The correct answer is B: Marcia must have failed to disclose that she had a personal or economic interest in a matter that could influence her professional role..
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.
References:
- CFE Exam Content Outline: Domain 7: Individual Rights During Examinations
- employee
- Fraud Examiners Manual, Law Section
NEW QUESTION # 146
Which of the following statements concerning access to nonpublic records is MOST ACCURATE?
Answer: C
Explanation:
"Even when a victim refers a fraud case for criminal prosecution, the government will usually not disclose the contents of nonpublic records with the victim during the investigation".
Thus, option D is most accurate.
NEW QUESTION # 147
Which of the following statements regarding steps fraud examiners should take before seizing digital evidence is MOST ACCURATE?
Answer: B
Explanation:
Before seizing digital evidence, fraud examiners must plan carefully because digital evidence is volatile and can be altered easily. The Fraud Examiners Manual explains that examiners should ensure forensic equipment is legitimate and reliable, including using licensed software, independently validating forensic equipment, and maintaining validation on file. This helps preserve the integrity and admissibility of the evidence. Option B is incorrect because tools should be used only by properly trained personnel, not simply assigned to every team member. Option C is wrong because delaying digital collection until all documents and interviews are completed can risk loss or alteration of evidence. Option D is too narrow because remote collection may be appropriate in some circumstances if properly planned and legally authorized.
NEW QUESTION # 148
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