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

Section	Weight	Objectives
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
Individual Rights During Examinations	10-15%	- Rights in public vs private sector - Employee rights and duties - Whistleblower protections
Specialized Fraud Laws	15-25%	- Bankruptcy fraud - Securities fraud - Tax fraud - Money laundering and financial regulations
Law Related to Fraud	10-15%	- Fraud and misrepresentation - Mail, wire, and false claims fraud - Conspiracy and obstruction of justice - Corruption and bribery laws
Fraud Investigation Methodology	20-25%	- Interview and interrogation techniques - Investigation reporting and documentation - Investigation planning and scope - Data analysis and tracing illicit transactions - Evidence collection and preservation
Rules of Evidence and Testimony	10-15%	- Hearsay and exceptions - Expert witness standards and testimony - Admissibility of evidence

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ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions (Q345-Q350):

NEW QUESTION # 345
Assuming that a jurisdiction has prohibited pretexting with financial institutes, which of the following actions would constitute illegal pretexting?

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

Answer: D

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 # 346
Lisa, a fraud examiner at a private company, receives an anonymous call from a potential whistleblower. The whistleblower is hesitant to reveal their identity but will do so if it can be Kept fully confidential. Which of the following statements is MOST ACCURATE?

A. Lisa may offer the whistleblower full confidentiality because they are not a suspect
B. Lisa should explain that she will try her best to keep the whistleblower " s identity confidential.
C. Lisa may promise the whistleblower full confidentiality, even if she knows her statement is untrue, because the lie is ultimately beneficial to her employer.
D. Lisa should state that she will not be able to keep the whistleblower ' s identity confidential because all information must be disclosed to management

Answer: B

Explanation:
The Fraud Examiners Manual explains:
"A Certified Fraud Examiner should not promise confidentiality or leniency to an informant to obtain testimony... the confidentiality relationship runs first to the client or employer".
Thus, Lisa cannot guarantee full confidentiality but may state she will do her best.

NEW QUESTION # 347
Orlando is conducting a fraud examination regarding Fast Freight, a large publicly traded corporation, and wants to find the current officers and directors of the company. Which of the following would be the best source of information for this purpose?

A. Real property records
B. Regulatory securities records
C. The company ' s corporate bylaws
D. Commercial filings

Answer: B

Explanation:
For publicly traded companies, the best source for information on officers and directors is regulatory securities records. These records typically include "identification of officers and directors, financial statements, significant owners, and accountants and attorneys".

NEW QUESTION # 348
A fraud examiner contacts a witness regarding an interview. If the respondent says. 'I'm too busy. " how should the fraud examiner react?

A. Explain that the respondent will be subject to discipline if they do not participate
B. Inquire about a more convenient time
C. Caution the witness that avoidance of the interview will be considered suspicious.
D. Stress that the interview will be short.

Answer: D

Explanation:
When a respondent says "I'm too busy," it can be diffused by stressing "the interview will be short, the interviewer is already there, the project is important, [and] the interview will not be difficult".
Thus, stressing brevity is the recommended reaction.

NEW QUESTION # 349
Which of the following statements about how fraud examiners should approach fraud examinations is FALSE?

A. When conducting fraud examinations, fraud examiners should adhere to the fraud theory approach.
B. When conducting fraud examinations, fraud examiners should start with specific details and move toward more general information.
C. In most examinations, fraud examiners should start interviewing the least involved candidates and proceed toward those who are potentially more involved.
D. When conducting fraud examinations, fraud examiners should begin with general information that is known and then move to the more specific details.

Answer: B

Explanation:
The Fraud Examiners Manual specifies:
"Fraud examinations should proceed from the general to the specific. That is, they should begin with general information that is known and then move to more specific details." Therefore, statement B is false, making it the correct answer.

NEW QUESTION # 350
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