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

Section	Weight	Objectives
Law Related to Fraud	10-15%	- Fraud and misrepresentation - Corruption and bribery laws - Conspiracy and obstruction of justice - Mail, wire, and false claims fraud
Legal Systems and Procedures	10-15%	- Overview of legal systems 1. Adversarial vs. inquisitorial processes 2. Civil vs. common law - Civil and criminal litigation 1. Criminal prosecution procedures 2. Civil litigation process
Rules of Evidence and Testimony	10-15%	- Hearsay and exceptions - Expert witness standards and testimony - Admissibility of evidence
Fraud Investigation Methodology	20-25%	- Investigation reporting and documentation - Investigation planning and scope - Interview and interrogation techniques - Evidence collection and preservation - Data analysis and tracing illicit transactions
Specialized Fraud Laws	15-25%	- Money laundering and financial regulations - Securities fraud - Bankruptcy fraud - Tax fraud
Individual Rights During Examinations	10-15%	- Rights in public vs private sector - Employee rights and duties - Whistleblower protections

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ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions (Q89-Q94):

NEW QUESTION # 89
Which of the following is one of the purposes of closing questions in a routine interview?

A. To confirm the credibility of the witness being interviewed
B. To reduce testimony to a signed, written statement
C. To close the interview positively and maintain goodwill
D. To assess whether the subject is ready to confess

Answer: C

Explanation:
The 2014 Fraud Examiners Manual and CFE Prep explain:
"Closing questions seek to close the interview positively. In routine interviews, closing questions serve the following purposes: reconfirm facts, gather additional facts, and conclude the interview in a manner required to maintain goodwill." Thus, the correct answer is A.

NEW QUESTION # 90
Which of the following statements is MOST ACCURATE concerning how criminal bargaining agreements are typically handled in jurisdictions where such agreements are allowed?

A. Both the prosecution and the defense have the discretion to decide whether to settle charges with a bargaining agreement.
B. The defense generally has the discretion to decide whether to settle charges with a bargaining agreement.
C. The prosecution generally has the discretion to decide whether to settle charges with a bargaining agreement.
D. Only the judge assigned to the case has the discretion to decide whether to settle charges with a bargaining agreement.

Answer: B

Explanation:
This question tests your knowledge of Domain 1.
In the context of Overview of the Legal System, specifically relating to criminal, the question asks about MOST ACCURATE, how criminal bargaining agreements are typically handled in jurisdictions where such agreements are allowed.
The correct answer is A: The defense generally has the discretion to decide whether to settle charges with a bargaining agreement..
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
- criminal
- Fraud Examiners Manual, Law Section

NEW QUESTION # 91
Which of the following statements would be IMPROPER if included in the fraud examination report of a Certified Fraud Examiner (CFE) who is also qualified as an accounting expert?

A. " From my examination, it appears that the company ' s financial statements were not presented in accordance with generally accepted accounting principles "
B. " Based on statements the suspect made to me. it is my assessment that the suspect has a dishonest disposition. "
C. " The company ' s internal controls were wholly inadequate to prevent this type of violation and should be remediated at the earliest possible time. "
D. " The evidence shows that expenses in excess of $5 million were omitted from the company ' s financial statements "

Answer: B

Explanation:
Fraud examiners must not opine on guilt, innocence, intent, or disposition. Reports should focus on facts and expert conclusions within their field. The Manual stresses:
"The fraud examiner should refrain from expressing opinions as to the guilt or innocence of any person or entity. Such conclusions are reserved for the trier of fact" (Fraud Examiners Manual, Reporting section).
Options A, B, and D relate to accounting and internal control assessments, which fall within an accounting expert's scope. Only C is improper because it speculates about the suspect's character or intent, which is outside the CFE's role.

NEW QUESTION # 92
Assuming that a jurisdiction has prohibited pretexting with financial institutes, which of the following actions would constitute illegal pretexting?

A. Falsely claiming to be the spouse of an account holder to access bank records
B. Digging through a person ' s trash to obtain their bank account information
C. Withdrawing another person ' s funds using a stolen bank account number and PIN
D. Making purchases with a credit card account under a fictitious identity

Answer: A

Explanation:
Explanation with Extracts = Pretexting is:
"The act of impersonating someone else or making false or misleading statements to obtain information from financial institutions. Several jurisdictions have prohibited pretexting against financial institutions".Thus, falsely claiming to be the spouse constitutes illegal pretexting.

NEW QUESTION # 93
Which of the following statements concerning examinations of expert witnesses in most inquisitorial jurisdictions is accurate?

A. The parties determine the extent of consideration to be given to the expert ' s testimony
B. The judge is not allowed to question the expert ' s credibility under any circumstance
C. The expert has the discretion to determine the scope of the examinations
D. The parties are often allowed to question the expert ' s methods and analysis

Answer: D

Explanation:
This question tests your knowledge of Domain 11.
In the context of Testifying, specifically relating to expert witness, testimony, the question asks about examinations of expert witnesses in most inquisitorial jurisdictions is accurate.
The correct answer is D: The parties are often allowed to question the expert ' s methods and analysis.
This question relates to expert witness testimony. The correct answer accurately describes the role, qualifications, or techniques for effective expert testimony. Fraud examiners often serve as expert witnesses and must understand these principles. In adversarial systems, opposing parties present their cases before a neutral judge or jury, while in inquisitorial systems, judges take a more active role in investigating cases.
Expert witnesses provide specialized knowledge to help the fact finder understand complex issues. Their testimony must be relevant, reliable, and based on sufficient facts or data.
References:
- CFE Exam Content Outline: Domain 11: Testifying
- expert witness
- testimony
- Fraud Examiners Manual, Law Section

NEW QUESTION # 94
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