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

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                              ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions (Q22-Q27):

                              NEW QUESTION # 22
                              Evidence that tends to make some fact that is in dispute more or less likely than it would be without the evidence is called:

                              Answer: A

                              Explanation:
                              According to the ACFE Fraud Examiners Manual, Law Section, specifically under Basic Principles of Evidence and Admissibility of Evidence , relevant evidence is defined as evidence having any tendency to make a fact that is of consequence to the determination of the action more or less probable than it would be without the evidence. This definition focuses on the logical relationship between the evidence and a disputed issue in the case.
                              Relevance is a foundational requirement for admissibility. If evidence does not bear on a material fact in dispute, it is generally inadmissible because it does not assist the trier of fact in resolving the matter. The threshold for relevance is relatively low; the evidence need only slightly increase or decrease the probability of a consequential fact.
                              Circumstantial evidence refers to indirect evidence that requires inference to connect it to a conclusion of fact, while testimonial evidence consists of statements made by a witness under oath. Demonstrative evidence includes physical objects, models, or visual aids used to illustrate testimony. Although these are types or forms of evidence, they are not definitions of the concept described in the question.
                              Therefore, the correct term for evidence that makes a disputed fact more or less likely is relevant evidence.


                              NEW QUESTION # 23
                              A company stores chemical waste from manufacturing in a warehouse near an individual's residence. The resident files a civil lawsuit against the company and prevails at trial. As part of the court's judgment, the company is ordered to remove the waste and is prevented from storing the waste in that location. Which of the following options BEST describes this type of remedy?

                              Answer: B

                              Explanation:
                              An injunction is an equitable remedy that requires a party to do something or stop doing something.
                              Here, the court orders the company to remove the chemical waste and prevents it from storing waste in that location. This is not damages because the remedy is not a money award. It is not declaratory relief because the court is not merely declaring the parties' rights. It is also not punitive relief because the order is designed to prevent or correct harm rather than punish the defendant through an additional penalty. In civil justice, equitable remedies are commonly used when monetary compensation alone would be inadequate. Because the court imposed conduct-based restrictions and required corrective action, the remedy is best classified as an injunction.


                              NEW QUESTION # 24
                              Which of the following is a legal element that the government must show to prove a conspiracy claim?

                              Answer: C

                              Explanation:
                              The correct answer is B. To prove a conspiracy claim, the government generally must show that the defendant knew the unlawful purpose of the conspiracy and intentionally joined it. A conspiracy does not require proof that the defendant personally completed the intended crime. The offense is based on the unlawful agreement and the defendant's knowing participation in that agreement.
                              Option A is incorrect because a conspirator does not need to know every detail, objective, or step in the overall scheme. Many conspiracies involve participants with limited knowledge of the full operation, yet they can still be criminally liable if they knowingly join the unlawful plan. Option C is also incorrect because a defendant does not need to know the identity of every other participant. Conspiracy law focuses on intentional participation in the common unlawful purpose, not complete familiarity with all members. Option D is incorrect because the government usually does not need to prove that the defendant actually accomplished the conspiracy's goal. Joining the conspiracy with the required criminal intent is enough. In fraud-related prosecutions, conspiracy is especially important because it allows liability to attach to coordinated misconduct even when one participant did not personally perform every act in the scheme. Therefore, B is the most accurate statement.


                              NEW QUESTION # 25
                              Which of the following is NOT an element generally required to establish a claim alleging the common law civil wrong for intentional infliction of emotional distress?

                              Answer: B

                              Explanation:
                              This question tests your knowledge of Domain 1.
                              In the context of Overview of the Legal System, specifically relating to common law, the question asks about NOT.
                              The correct answer is B: The victim was an employee of the defendant.
                              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
                              - common law
                              - Fraud Examiners Manual, Law Section


                              NEW QUESTION # 26
                              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: D

                              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 # 27
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