Free PDF Quiz 2026 Latest ACFE CFE-Fraud-Investigations-and-Legal-Issues: Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Latest Questions
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| Section | Weight | Objectives |
|---|
| Topic 1: Fraud Investigations and Legal Issues | 25% | - Legal Issues
- 1. Rules of evidence and admissibility
- 2. Courtroom procedures and testimony
- 3. Civil law concepts and liability
- 4. Rights of suspects and accused persons
- 5. Legal considerations in fraud investigations
- 6. Criminal law fundamentals related to fraud
- 7. Search and seizure procedures
- Fraud Investigations
- 1. Interviewing techniques and witness statements
- 2. Surveillance and covert operations
- 3. Evidence collection and documentation
- 4. Investigation planning and case management
- 5. Reporting investigation findings
- 6. Digital forensics and data analysis
- 7. Chain of custody and evidence preservation
|
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ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions (Q143-Q148):
NEW QUESTION # 143
Which of the following is an element that must be proven to establish a perjury offense?
- A. The defendant made a false statement in a court of law.
- B. The defendant made a false statement that was material to the proceeding.
- C. The defendant made a false statement that influenced the fact finder's decision.
- D. The defendant made a false statement to a judge.
Answer: B
Explanation:
The correct answer is D. The CFE Manual lists the basic elements of perjury as follows: the defendant made a false statement, made it under oath, the statement was material or relevant to the proceeding, and the defendant made the statement knowing it was false. Therefore, materiality is a required element, which makes D the correct answer.
Option A is not sufficiently accurate because the Manual explains that perjury does not have to occur strictly in a court of law. A perjurious statement can also occur in other formal settings, such as depositions, bail hearings, venue hearings, suppression hearings, and similar proceedings, so limiting the offense to statements made in court is too narrow. Option B is incorrect because perjury does not require proof that the false statement actually influenced the fact finder's decision; it is enough that the statement was material to the proceeding. Option C is incorrect because the statement need not be made specifically to a judge. The legal focus is on a knowingly false, material statement under oath in a qualifying proceeding. Thus, among the options provided, D is the required element that must be proven.
NEW QUESTION # 144
Which of the following statements concerning judgments involving parties that are in multiple jurisdictions is MOST ACCURATE?
- A. A judgment in a foreign jurisdiction can be enforceable in a domestic jurisdiction if it involves criminal matters but not civil matters.
- B. A judgment in one jurisdiction is enforceable against assets in another country if the foreign jurisdiction has laws or agreements that recognize foreign judgments.
- C. A judgment in a domestic jurisdiction can be used to recover a defendant's assets in a foreign jurisdiction, regardless of the foreign jurisdiction.
- D. A judgment in a domestic jurisdiction can be enforced in a foreign jurisdiction only with the consent of both parties and the judge.
Answer: B
NEW QUESTION # 145
Which of the following statements concerning judgments involving parties in multiple jurisdictions is MOST ACCURATE?
- A. If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment wherever the defendant resides
- B. If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment in any jurisdiction
- C. Whether a foreign judgment is enforceable always depends on where the defendant ' s assets are located
- D. Whether a foreign judgment is enforceable might depend on whether the two jurisdiction have an enforcement treaty
Answer: D
Explanation:
This question tests your knowledge of Uncategorized.
the question asks about MOST ACCURATE, judgments involving parties in multiple jurisdictions is MOST ACCURATE.
The correct answer is D: Whether a foreign judgment is enforceable might depend on whether the two jurisdiction have an enforcement treaty.
This question tests your understanding of key fraud examination concepts and legal principles.
References:
- CFE Exam Content Outline: Uncategorized
- Fraud Examiners Manual, Law Section
NEW QUESTION # 146
Which of the following is NOT a step a fraud examiner must take before seizing evidence in a digital forensic investigation?
- A. Ensure that only trained professionals employ any software used in a forensic capacity
- B. Determine whether there are privacy issues related to the item(s) to be searched.
- C. Obtain and become familiar with any legal orders that apply to the investigation
- D. Assemble an investigation team comprised only of outside digital forensic experts
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 # 147
Casey, a fraud examiner, is investigating a suspect for allegedly committing a mortgage fraud scheme. Casey wants to obtain a copy of the suspect's credit report and personal data from a third-party information broker.
If Casey works in a jurisdiction that regulates the distribution of personal credit information, which of the following statements about Casey's ability to obtain personal credit data is MOST ACCURATE?
- A. Casey will be able to obtain the suspect's personal credit data if she suspects them of fraud.
- B. Casey will likely be able to obtain the suspect's personal credit data if the suspect consents to the release of the information.
- C. Casey will not be able to obtain the suspect's personal credit data under any circumstance.
- D. Casey will be able to obtain the suspect's personal credit data if she obtains permission from one of the suspect's family members.
Answer: B
Explanation:
Personal credit data is generally private and subject to legal restrictions in jurisdictions that regulate the distribution of credit information. A fraud examiner usually needs a lawful basis to obtain such records, and the suspect's consent is often one valid basis. Permission from a family member is not sufficient because the information belongs to the subject, not the relative. Suspicion of fraud alone does not automatically authorize a private fraud examiner to obtain protected credit data from an information broker. Option D is too absolute because credit data may be obtainable through consent, subpoena, court order, or another lawful procedure depending on the jurisdiction. Therefore, option B is the most accurate statement.
NEW QUESTION # 148
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