CFE-Fraud-Investigations-and-Legal-Issues Actual Tests, CFE-Fraud-Investigations-and-Legal-Issues Vce File

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

SectionWeightObjectives
Topic 1: Fraud Investigations and Legal Issues25%- Fraud Investigations
  • 1. Digital forensics and data analysis
    • 2. Interviewing techniques and witness statements
      • 3. Evidence collection and documentation
        • 4. Investigation planning and case management
          • 5. Chain of custody and evidence preservation
            • 6. Reporting investigation findings
              • 7. Surveillance and covert operations
                - Legal Issues
                • 1. Legal considerations in fraud investigations
                  • 2. Criminal law fundamentals related to fraud
                    • 3. Courtroom procedures and testimony
                      • 4. Rights of suspects and accused persons
                        • 5. Civil law concepts and liability
                          • 6. Search and seizure procedures
                            • 7. Rules of evidence and admissibility

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                              ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions (Q289-Q294):

                              NEW QUESTION # 289
                              Management at First Choice Inc. suspects that Nathan, its chief financial officer (CFO), has been embezzling funds. It hires Reina. a Certified Fraud Examiner (CFE), to investigate the matter When conducting the fraud examination. Reina should proceed as though;

                              Answer: A

                              Explanation:
                              Both the CFE Prep Guide and the Fraud Examiners Manual state that every fraud examination must be conducted under the assumption that litigation will result. This ensures that evidence is collected and preserved properly, in compliance with legal standards:
                              "Each fraud examination should begin with the proposition that the case will end in litigation... If the fraud examiner assumes that litigation will occur, he will conduct the examination in accordance with the proper rules of evidence".
                              This principle protects the integrity of the examination and ensures admissibility of evidence if the matter proceeds to court.


                              NEW QUESTION # 290
                              Andrew wants to use a confidential informant in his investigation. He plans to compensate the informant with cash and obtain a receipt. He also plans to identify his source in a memorandum and his final report using only the informant ' s initials. Which of Andrew ' s plans is NOT considered a best practice when using an informant?

                              Answer: A

                              Explanation:
                              Referring to the informant in the memorandum using the informant ' s initials Best practice requires that informants be identified only by symbols (e.g., I-1, I-2), not by initials, to protect their identity. Cash payments are acceptable but must be accompanied by a receipt.


                              NEW QUESTION # 291
                              Which of the following is a common method that fraudsters use to hide their ill-gotten gains?

                              Answer: C

                              Explanation:
                              The 2014 Fraud Examiners Manual and CFE Prep list common concealment methods:
                              "Some common techniques for hiding assets include transferring assets into foreign trusts, overpaying taxes, prepaying on a home mortgage, obtaining a life insurance policy, and transferring assets into someone else's name." Thus, the correct answer is D.


                              NEW QUESTION # 292
                              An attorney is advising her corporate client about a contemplated lawsuit against former employees. The attorney hires a forensic accountant to assist her and the client. To facilitate the forensic accountant's assistance, the attorney emails them a copy of a memorandum protected by a legal professional privilege.
                              Which of the following statements is MOST ACCURATE?

                              Answer: A

                              Explanation:
                              The privilege is not necessarily waived when an attorney shares protected information with a forensic accountant hired to assist with legal advice or litigation preparation. Legal professional privileges and work-product protections can extend to third-party agents, consultants, fraud examiners, or forensic accountants when their involvement is necessary to help counsel advise the client or prepare the case.
                              Option A is too broad because disclosure to every third party does not automatically waive privilege when the third party is part of the legal team's work. Option B is also incorrect because a lawsuit need not always be filed for protection to apply if litigation is reasonably anticipated. Option D is wrong because privileges can be waived in some circumstances. Therefore, option C is most accurate.


                              NEW QUESTION # 293
                              Which of the following is NOT an element that is generally required to establish a claim alleging the common law civil wrong for intentional infliction of emotional distress?

                              Answer: D

                              Explanation:
                              The correct answer is A. The CFE Manual explains that to recover for intentional infliction of emotional distress, the plaintiff must prove that the defendant engaged in extreme and outrageous conduct, that the defendant acted intentionally or recklessly, and that the victim actually suffered emotional or mental distress as a result of the defendant's conduct. These core elements match options B, C, and D.
                              There is no general requirement that the distress must have lasted for at least two years. That time-based condition is not one of the recognized elements listed in the CFE Law section. The Manual instead focuses on the nature of the conduct and the causal connection between that conduct and the victim's injury. It also notes that the conduct must be sufficiently outrageous to exceed the bounds tolerated by civilized society and that mere insults or ordinary upset are not enough. Additionally, the Manual emphasizes that actionable claims require proof of serious, visible, and provable harm. Still, none of those requirements impose a fixed minimum duration such as two years. Accordingly, A is the only choice that is not a required element of this common law tort.


                              NEW QUESTION # 294
                              ......

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