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| Section | Weight | Objectives |
|---|---|---|
| Fraud Investigations and Legal Issues | 25% | - Fraud Investigations
|
>> Exam CFE-Fraud-Investigations-and-Legal-Issues Pattern <<
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NEW QUESTION # 309
Which of the following statements concerning the appointment of expert witnesses during trial is most accurate?
Answer: D
Explanation:
The correct answer is B. The CFE Manual explains that in adversarial proceedings, expert witnesses are usually chosen by the parties to the litigation, although the court may also appoint an independent expert in some circumstances. By contrast, in inquisitorial jurisdictions, judges typically appoint their own experts to evaluate technical matters. That makes option B the most accurate statement.
Option A is incorrect because it reverses the usual adversarial rule. Courts in adversarial systems may appoint experts, but they are not generally the only ones allowed to do so. Option C is incorrect because juries do not generally select expert witnesses in inquisitorial jurisdictions; the judge typically performs that function.
Option D is also inaccurate because the parties are not primarily responsible for selecting experts in inquisitorial systems; again, that role usually belongs to the court or judge. The Manual further notes that in inquisitorial systems, expert selection is often viewed as an extension of the court's authority and discretion.
Therefore, the best statement is that parties usually choose experts in adversarial cases, while the court may also appoint experts when appropriate.
NEW QUESTION # 310
Which of the following situations would MOST LIKELY require access to nonpublic records to develop evidence?
Answer: D
Explanation:
Phone records are classified as nonpublic records. The Fraud Examiners Manual explains that personal telephone and mobile records usually require consent, subpoena, or warrant to access. Public records, by contrast, include real property ownership and corporate filings. Therefore, B is correct.
NEW QUESTION # 311
Which of the following is the MOST ACCURATE statement about trying to locate a subject using online records?
Answer: B
Explanation:
"To locate people using online records... First, when searching for an individual, the fraud examiner should obtain a past address of the subject, and search activities should begin with that information".
This aligns with the Prep guide: "Obtaining a past address of the subject should be the first step in trying to locate a subject using online records".
Thus, B is correct.
NEW QUESTION # 312
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: A
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 # 313
While performing due diligence on a potential vendor, a company finds the vendor's name on a government list. The list states that the vendor is prohibited from bidding on government contracts for three years. Which type of administrative penalty was imposed against the vendor?
Answer: C
Explanation:
The correct answer is C. Debarment. In fraud, corruption, and procurement-related enforcement, debarment is the administrative penalty that bars a person or company from participating in government contracting for a specified period. The key fact in this question is that the vendor is prohibited from bidding on government contracts for three years. That is the classic effect of a debarment order.
This differs from license suspension or license revocation, which relate to permission to engage in a regulated activity or profession, not specifically to eligibility for public contracting. Delisting is also not the most accurate term here because it usually refers more generally to removal from an approved list or roster, while debarment specifically denotes exclusion from government contracts or procurement opportunities. The CFE Law materials discuss debarment as a significant administrative consequence in anti-corruption enforcement contexts, particularly where misconduct affects public contracting and business with government entities. A time-limited ban on bidding is therefore best described as debarment, not a licensing action. Because the question directly describes exclusion from government contract bidding for a stated period, C is the most accurate answer.
NEW QUESTION # 314
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