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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Fraud Investigations and Legal Issues | 25% | - Fraud Investigations
|
>> Valid Braindumps CFE-Fraud-Investigations-and-Legal-Issues Questions <<
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NEW QUESTION # 311
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 # 312
Sylvia, a novice interviewer, asks Adam, the respondent, the following question: " Didn ' t you know that something wasn ' t right? " This kind of question is called a_____________question.
Answer: C
Explanation:
The Fraud Examiners Manual defines double-negative questions as those containing two forms of negation in a single clause. They are confusing and "often suggest an answer opposite to the correct one." The example given is almost identical to the question here:
"Didn't you suspect that something wasn't right?".
Thus, Sylvia's question is a double-negative question, which should be avoided.
NEW QUESTION # 313
Willa is chairperson of ACME Construction's board of directors. Willa develops a substance use disorder and falls behind on her duties at ACME. Willa's inattentiveness results in significant losses to ACME shareholders following an incident that likely would have been prevented had she fulfilled her duties. If Willa is sued for violating her fiduciary duties, under which theory is the suit MOST LIKELY to be filed?
Answer: C
Explanation:
The most likely claim is violation of the duty of care. Directors and officers generally owe fiduciary duties to act with reasonable care, diligence, and prudence in managing corporate affairs. Willa's problem is inattentiveness: she fell behind on her board duties, and her failure to act likely allowed preventable shareholder losses. That fact pattern concerns failure to exercise adequate oversight and care. The duty of loyalty involves acting in the organization's best interests and avoiding self-dealing, conflicts of interest, or improper personal benefit. The facts do not indicate that Willa acted for personal gain or against ACME's interests intentionally. "Duty of transparency" and "duty of responsibility" are not the best fiduciary theories described here. Therefore, option B is correct.
NEW QUESTION # 314
Ethan a U S resident, is running a Ponzi scheme As part of the scheme, he uses the U S mail system to send promotional materials to potential victims in France If the US government decides to prosecute Ethan, which of the following would provide the MOST LIKELY basis for the charges?
Answer: A
Explanation:
This question tests your knowledge of Domain 2.
In the context of The Law Related to Fraud, specifically relating to mail fraud, wire fraud, the question asks about US, MOST LIKELY.
The correct answer is A: Mail fraud.
This question addresses fraud-related laws. The correct answer identifies the proper legal concept or violation that applies in the described scenario. Fraud examiners must understand these legal principles to properly identify and address fraudulent activities.
References:
- CFE Exam Content Outline: Domain 2: The Law Related to Fraud
- mail fraud
- wire fraud
- Fraud Examiners Manual, Law Section
NEW QUESTION # 315
Christopher, a fraud examiner, is conducting an admission-seeking interview with Jennifer, an employee suspected of stealing cash. Which of the following is the LEAST EFFECTIVE phrasing for Christopher to use when posing an admission-seeking question to Jennifer?
Answer: A
Explanation:
The Fraud Examiners Manual warns against phrasing admissions as direct questions using emotive terms:
"The admission-seeking interview begins with a direct accusation... The accusation should be phrased as though the accused's guilt has already been established. Emotive words such as steal, fraud, and crime should be avoided... Wrong: 'Did you do this?'".
Thus, phrasing the question as "Did you steal the money?" is least effective.
NEW QUESTION # 316
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