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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Fraud Investigations and Legal Issues | 25% | - Fraud Investigations
|
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NEW QUESTION # 55
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: D
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 # 56
Which of the following statements about civil actions in most jurisdictions is CORRECT?
Answer: A
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 actions in most jurisdictions is CORRECT, CORRECT.
The correct answer is B: Civil actions begin with the filing of a pleading, usually in the jurisdiction where the defendant resides or where the claim originated..
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 # 57
Which of the following choices BEST describes the main purpose of imaging a seized computer's hard drive during a digital forensic investigation?
Answer: D
Explanation:
The main purpose of imaging a seized computer's hard drive is to create a forensic copy that can be used for analysis while preserving the original evidence. A forensic image is an exact duplicate of the storage media, created using proper forensic tools and verified for accuracy. Investigators generally analyze the image rather than the original device to reduce the risk of altering original evidence.
Option A is incorrect because forensic analysis should not normally be performed directly on the suspect system. Option B describes documentation of the scene, which is important but not the purpose of imaging. Option D is not the primary objective. Imaging protects evidence integrity and supports later authentication and admissibility.
NEW QUESTION # 58
Jukka, an employee of QRS Inc., is being investigated for fraud and is interviewed by an internal investigator.
After the interview, Jukka feels so distressed that she decides to sue for intentional infliction of emotional distress. Which of the following elements must be proven for Jukka to recover damages under this claim?
Answer: C
Explanation:
Intentional infliction of emotional distress requires more than ordinary interview stress, embarrassment, or discomfort. The claimant must generally prove that the defendant engaged in extreme and outrageous conduct, acted intentionally or recklessly, and caused actual severe emotional or mental distress. Option A is correct because intent or reckless disregard is an essential element of the claim. Option B describes negligence concepts, not intentional infliction of emotional distress. Option C is incorrect because reputational damage is associated more closely with defamation, not this tort.
Option D is also wrong because there is no fixed two-year distress-duration requirement in the CFE materials. In fraud interviews, liability normally requires conduct far beyond ordinary questioning, such as outrageous abuse or coercion.
NEW QUESTION # 59
All of the following are common legal defenses for tax evasion EXCEPT:
Answer: C
Explanation:
This question tests your knowledge of Domain 6.
In the context of Tax Fraud, specifically relating to tax avoidance, tax evasion, the question asks about EXCEPT.
The correct answer is B: Death of the taxpayer.
This question focuses on tax fraud concepts. The correct answer distinguishes between legal tax avoidance and illegal tax evasion, or identifies specific tax evasion schemes. Tax fraud investigations require specialized knowledge of tax laws and common evasion techniques.
References:
- CFE Exam Content Outline: Domain 6: Tax Fraud
- tax avoidance
- tax evasion
- Fraud Examiners Manual, Law Section
NEW QUESTION # 60
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