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ACFE CFE-Fraud-Investigations-and-Legal-Issues Exam Syllabus Topics:

SectionWeightObjectives
Law Related to Fraud10-15%- Conspiracy and obstruction of justice
- Fraud and misrepresentation
- Corruption and bribery laws
- Mail, wire, and false claims fraud
Individual Rights During Examinations10-15%- Rights in public vs private sector
- Whistleblower protections
- Employee rights and duties
Legal Systems and Procedures10-15%- Civil and criminal litigation
  • 1. Criminal prosecution procedures
    • 2. Civil litigation process
      - Overview of legal systems
      • 1. Civil vs. common law
        • 2. Adversarial vs. inquisitorial processes
          Rules of Evidence and Testimony10-15%- Expert witness standards and testimony
          - Hearsay and exceptions
          - Admissibility of evidence
          Specialized Fraud Laws15-25%- Tax fraud
          - Securities fraud
          - Money laundering and financial regulations
          - Bankruptcy fraud
          Fraud Investigation Methodology20-25%- Investigation planning and scope
          - Investigation reporting and documentation
          - Data analysis and tracing illicit transactions
          - Evidence collection and preservation
          - Interview and interrogation techniques

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          ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions (Q39-Q44):

          NEW QUESTION # 39
          Allison, a Certified Fraud Examiner (CFE). is investigating a potential procurement fraud scheme. While interviewing a subject, she asks. " Why did you choose to do business with that vendor? " This can BEST be described as a(n):

          Answer: A

          Explanation:
          The manual defines:
          "Open questions are those worded in a way that makes it difficult for the respondent to answer 'yes' or 'no.' The typical open question calls for a monologue response and can be answered in several different ways." Example given: "Please tell me about your job." Allison's question ("Why did you choose to do business with that vendor?") invites explanation, not a yes/no response - making it an open question.


          NEW QUESTION # 40
          The concealment of assets occurs most commonly in which of the following types of fraud schemes?

          Answer: A

          Explanation:
          This question tests your knowledge of Domain 3.
          In the context of Bankruptcy Fraud, specifically relating to bankruptcy, concealment of assets, the question asks about the core concepts in this area.
          The correct answer is A: Bankruptcy fraud.
          This question focuses on bankruptcy fraud concepts. The correct answer correctly identifies the relevant bankruptcy process, filing type, or fraud scheme. Understanding bankruptcy proceedings and the roles of various parties is essential for fraud examiners investigating these cases.
          References:
          - CFE Exam Content Outline: Domain 3: Bankruptcy Fraud
          - bankruptcy
          - concealment of assets
          - Fraud Examiners Manual, Law Section


          NEW QUESTION # 41
          A custodial arrest occurs when the suspect is questioned by a law enforcement officer.

          Answer: A

          Explanation:
          A custodial arrest does not occur simply because a suspect is being questioned by a law enforcement officer.
          Under the CFE Law topics, the controlling issue is whether the person is in custody, not whether questioning has started. The Manual distinguishes between ordinary questioning and custodial interrogation. It explains that custodial interrogation refers to guilt-seeking questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of freedom in a significant way. A person is considered in custody when the individual is under arrest or is not free to leave.
          This means that questioning alone does not automatically create a custodial arrest. For example, if officers ask questions during a noncustodial interview and the person is free to end the encounter, that situation is generally not treated as custodial arrest. In fraud examinations, this distinction is important because constitutional safeguards associated with custody apply only when the legal threshold for custody has been met. Therefore, the statement is false because it incorrectly equates being questioned with being in custody or under arrest, which are not the same under CFE Law principles.


          NEW QUESTION # 42
          Boyd, a Certified Fraud Examiner (CFE). was hired to trace Lottie ' s financial transactions. During his investigation. Boyd obtains records of electronic payments that Lottie made during the past five years. Which of the following are these records MOST LIKELY to reveal?

          Answer: B

          Explanation:
          "Electronic payment records can be valuable in tracing investigations... they can reveal, among other things, assets the subject has purchased".
          They can also reveal loans, real estate taxes, and business locations, but not directly whether Lottie is
          "skimming" funds.


          NEW QUESTION # 43
          Arnold, a Certified Fraud Examiner (CFE) for Integra Wealth, learns that Elizabeth, an accounts payable clerk, recently purchased an expensive ski boat Arnold also knows that Elizabeth recently purchased a vacation home on a nearby lake Arnold has sufficient predication to:

          Answer: A

          Explanation:
          Explanation with Extracts = Predication requires sufficient circumstances to suggest fraud. The CFE Prep Guide explains:
          "Fraud examiners should not investigate beyond the available predication... There is insufficient predication to confront Wallace or to make any direct allegations about fraud, but Carter does have adequate predication to make discreet inquiries".Similarly, Arnold may discreetly inquire but not accuse or search property without further evidence.


          NEW QUESTION # 44
          ......

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