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| Section | Weight | Objectives |
|---|
| Individual Rights During Examinations | 10-15% | - Rights in public vs private sector - Employee rights and duties - Whistleblower protections
|
| Legal Systems and Procedures | 10-15% | - Civil and criminal litigation
- 1. Criminal prosecution procedures
- 2. Civil litigation process
- Overview of legal systems
- 1. Adversarial vs. inquisitorial processes
- 2. Civil vs. common law
|
| Law Related to Fraud | 10-15% | - Conspiracy and obstruction of justice - Corruption and bribery laws - Mail, wire, and false claims fraud - Fraud and misrepresentation
|
| Rules of Evidence and Testimony | 10-15% | - Expert witness standards and testimony - Hearsay and exceptions - Admissibility of evidence
|
| Fraud Investigation Methodology | 20-25% | - Interview and interrogation techniques - Investigation planning and scope - Investigation reporting and documentation - Evidence collection and preservation - Data analysis and tracing illicit transactions
|
| Specialized Fraud Laws | 15-25% | - Money laundering and financial regulations - Bankruptcy fraud - Securities fraud - Tax fraud
|
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ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions (Q270-Q275):
NEW QUESTION # 270
The MOST COMMON bankruptcy fraud scheme is:
- A. Forged filing
- B. Concealment of assets
- C. A planned bustcut
- D. A credit card bustout
Answer: B
Explanation:
This question tests your knowledge of Domain 3.
In the context of Bankruptcy Fraud, specifically relating to bankruptcy, bustout, concealment of assets, the question asks about MOST COMMON.
The correct answer is D: Concealment of assets.
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
- bustout
- concealment of assets
- Fraud Examiners Manual, Law Section
NEW QUESTION # 271
Which of the following statements concerning fact finders in criminal trials in common law jurisdictions is MOST ACCURATE?
- A. A judge is typically responsible for factual findings
- B. A panel of a professional judge and lay judges usually serves as the fact finder in serious cases
- C. Juries usually serve as the fact finder in serious cases
- D. The presence of a jury is always required to make factual findings in a common law criminal trial
Answer: A
Explanation:
This question tests your knowledge of Domain 1.
In the context of Overview of the Legal System, specifically relating to criminal, common law, the question asks about MOST ACCURATE, fact finders in criminal trials in common law jurisdictions is MOST ACCURATE.
The correct answer is C: A judge is typically responsible for factual findings.
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
- common law
- Fraud Examiners Manual, Law Section
NEW QUESTION # 272
Which of the following statements is MOST ACCURATE concerning how criminal bargaining agreements are typically handled in jurisdictions where such agreements are allowed?
- A. The prosecution generally has the discretion to decide whether to settle charges with a bargaining agreement.
- B. Both the prosecution and the defense have the discretion to decide whether to settle charges with a bargaining agreement.
- C. The defense 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: C
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 # 273
Which of the following is a requirement of the European Union ' s (EU) General Data Protection Regulation (GDPR)?
- A. An organization must refrain from confirming or denying whether it is in possession of a data subject ' s personal data even if the data subject requests this information.
- B. An organization must notify all affected data subjects within six months when a data breach occurs that is likely to result in a high risk to their rights and freedoms.
- C. An organization must obtain a data subject ' s consent before collecting or processing personal data about that individual.
- D. An organization must provide a data subject ' s personal data upon that individual ' s request for a reasonable fee.
Answer: C
Explanation:
This question tests your knowledge of Domain 7.
In the context of Individual Rights During Examinations, specifically relating to GDPR, the question asks about EU, GDPR.
The correct answer is A: An organization must obtain a data subject ' s consent before collecting or processing personal data about that individual..
This question relates to individual rights during examinations. The correct answer accurately describes the legal protections, obligations, or privacy considerations that apply in workplace investigations. Fraud examiners must balance investigative needs with legal protections for individuals.
References:
- CFE Exam Content Outline: Domain 7: Individual Rights During Examinations
- GDPR
- Fraud Examiners Manual, Law Section
NEW QUESTION # 274
Which of the following scenarios describes a situation that would MOST LIKELY cause an item's authenticity to be questioned when being admitted as evidence?
- A. A physical ledger gathered during an internal investigation is stored in a secure room with restricted and monitored access.
- B. A confession is recorded in a signed memorandum and placed in a secure facility until being passed to the attorney handling the litigation.
- C. An electronic device seized during an investigation is placed in a storage area only accessible to company employees.
- D. An image acquired during an investigation is stored on an organization's private server with access logs and password protections.
Answer: C
Explanation:
The electronic device in option B is most likely to have its authenticity questioned because the storage area is only described as accessible to company employees generally, not restricted to authorized custodians or monitored through a clear chain of custody. Authenticity requires showing that evidence is what it purports to be and that it has not been materially altered. The ACFE materials explain that chain of custody documents who possessed the evidence, how it was stored, what was done with it, and how it left each custodian's control. Options A, C, and D describe stronger safeguards, such as restricted access, monitoring, access logs, password protection, secure storage, or formal transfer.
Option B creates a greater risk that unauthorized access or alteration could be alleged.
NEW QUESTION # 275
......
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