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Total 158 questions

Certified Fraud Examiner (CFE) - Law Questions and Answers

Question 1

Consents to searches by government agents that are obtained by force, duress, or bribery are NOT effective under the law and do NOT eliminate the need for a search warrant.

Options:

A.

True

B.

False

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Question 2

Which of the following statements concerning examinations of expert witnesses in most inquisitorial jurisdictions is accurate?

Options:

A.

Both the parties and the judge may determine how much consideration should be given to an expert's testimony.

B.

Both the parties and the judge may question an expert's credibility.

C.

Only the parties are allowed to make objections regarding an expert's biases.

D.

Only the judge is allowed to question the expert's analysis and the methods that they used in their determinations.

Question 3

Company A used Company B to recover damages for the breach of a contract. In the same proceeding. Company B sought damages for an allegation that Company A fraudulently induced Company B into entering the contract. In this case, what would Company B's claim against Company A be called?

Options:

A.

Counterclaim

B.

Collateral attack

C.

Reversal

D.

Cross-claim

Question 4

Countries A and B both follow the Financial Action Task Force (FATF) Recommendations concerning cross-border transfers of currency Trevor is traveling from Country A to Country B while carrying $16,000 in cash which exceeds Country B's reporting threshold Trevor is required to disclose the amount of currency he is carrying to authorities in Country B.

Options:

A.

True

B.

False

Question 5

Kamala is conducting a fraud examination in a country where courts apply laws from codified statutes to each case. When deciding legal issues, the courts are not bound by similar court decisions from previous cases. The country where Kamala is working MOST LIKELY has a __________ judicial system.

Options:

A.

Common law

B.

Civil law

C.

Substantive law

D.

Statutory law

Question 6

Which of the following is a requirement of the European Union's (EU) General Data Protection Regulation (GDPR)?

Options:

A.

An organization must obtain a data subject's consent before collecting or processing personal data about that individual.

B.

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.

C.

An organization must provide a data subject's personal data upon that individual's request for a reasonable fee.

D.

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.

Question 7

Ramona is investigating Eugene for misconduct Ramona and Eugene both work for Elek-Tek, which operates in a jurisdiction with evil laws for defamation, invasion of privacy and conflict of interest During the investigation Ramona obtained ^formation that Eugene is cheating on his spouse Ramona to a large group of Elek-Tek employees that Eugene was committing adultery, which turned out to be true Which cause of action would give Eugene the BEST chance for success m a civil suit against Ramona?

Options:

A.

Conflict of interest

B.

Defamation

C.

Public disclosure of private facts

D.

Slander

Question 8

When perpetrating a bustout scheme, an individual or business typically performs which of the following actions?

Options:

A.

Files a bankruptcy petition under the name of an uninvolved person

B.

Obtains a business insurance policy using illicit assets

C.

Uses credit to purchase a considerable amount of goods

D.

Colludes with inventory suppliers to conceal assets

Question 9

Which of the following statements regarding civil lawsuits in most jurisdictions is CORRECT?

Options:

A.

The plaintiffs initial filing does not typically need to contain a summary of the evidence

B.

Civil lawsuits begin with the filing of a pleading, usually in the jurisdiction in which the defendant resides or where the claim arose

C.

The plaintiff’s initial filing with the court does not typically need to include the specific facts on which the claim relies.

D.

All of the above are correct

Question 10

Which of the following statements concerning alternative remittance systems is INCORRECT?

Options:

A.

The systems are not necessarily illegal.

B.

Funds are sent and received without the use of traditional financial institutions.

C.

The systems are characterized by a lack of physical or digital transfer of currency between payers and payees.

D.

The ledgers used typically contain information regarding payers and payees, such as names and account numbers.

Question 11

Which of the following statements about the appeals process in cranial cases is MOST ACCURATE?

Options:

A.

In common law jurisdictions, appellate courts are generally not permitted to make their own factual determinations when reviewing a case

B.

In civil law jurisdictions appellate courts are generally not permitted to make their own legal conclusions when reviewing a case

C.

Appellate courts will usually hear an appeal even if the petition was not filed in a timely manner

D.

Appellate courts will usually reverse a conviction even if the trial court's error did not affect the outcome of the case

Question 12

Which of the following describes the purpose of an expert witness testimony at trial?

Options:

A.

To offer an opinion as to a party's guilt or innocence

B.

To give a firsthand account of the fads of the case on the record

C.

To give an opinion when the fact finder needs specialized knowledge

D.

None of the above

Question 13

Which of the following is a method of disguising money acquired from illegal sources by recording more income on a business's books than the business actually generates?

Options:

A.

Overstating revenues

B.

Reporting real estate purchases

C.

Recording but not depositing revenue

D.

None of the above

Question 14

Country A's government requires financial institutions to report all instances of a customer depositing or withdrawing more than $10,000 in a day. To avoid attention regarding his illicit assets, James deposits $9,000 each day. In which of the following schemes is James engaging?

Options:

A.

Mobile payment scheme

B.

Integration scheme

C.

Reverse deposit scheme

D.

Structuring scheme

Question 15

Which of the following is a right of individuals accused of crimes under the United Nations' (UN) International Covenant on Civil and Political Rights (ICCPR)?

Options:

A.

Right of the accused to be released from custody pending trial

B.

Right of the accused to a trial without public disclosure of the results

C.

Right of the accused to unlimited appeals in criminal trials

D.

Right of the accused to be informed of criminal charges

Question 16

Ellis works for a business that filed for bankruptcy. The administrator presiding over the bankruptcy contacts Ellis and requests information regarding his employer's financial affairs Assuming the administrator has all of the powers recommended in the World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes (World Bank Principles) which of the following is TRUE?

Options:

A.

The administrator may only seek information regarding the bus ness that filed bankruptcy if Ellis consents to providing it.

B.

The administrator has no power to obtain the information under any circumstances

C.

The administrator may compel Ellis to provide the information despite Ellis's relationship to the business

D.

The administrator may not obtain the information unless the business agrees in writing

Question 17

Under the best practices listed in the Financial Action Task Force (FATF) Recommendations concerning large cash transactions with customers which of the following transactions would require a report to be Wed with the government?

Options:

A.

A domestic credit card purchase of a piece of jewelry above the jurisdiction's designated threshold

B.

A cash payment to a restaurant supplier for restaurant supplies above the jurisdiction's designated threshold

C.

An international purchase of a small boat with a lump-sum cash payment below the jurisdiction's designated threshold

D.

A lump-sum cash deposit to a bank above the jurisdiction's designated threshold

Question 18

The same customer comes into a casino each day and deposits a large amount of cash into an account but after very little gambling the customer withdraws the funds The casino employees suspect that the customer may be engaged in money laundering activity Assuming that the anti-money laundering (AML) regulations that govern the casino’s activities correspond to the Financial Action Task Force (FATF) Recommendations the casino:

Options:

A.

May, but is not required to file a report of suspicious transactions related to possible money laundering with appropriate authorities

B.

May not file a report of suspicious transactions related to potential criminal activity with appropriate authorities

C.

Is required to file a report of suspicious transactions with appropriate authorities because the employees suspect money laundering violations

D.

Is required to file a cash transaction report for possible criminal activity with appropriate authorities because cash was involved

Question 19

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

Options:

A.

The defendant acted intentionally or recklessly

B.

The victim was an employee of the defendant

C.

The victim suffered distress as a result of the defendants conduct

D.

The defendant engaged in extreme and outrageous conduct

Question 20

Which of the following is TRUE in regard to authenticating evidence in most common law systems?

Options:

A.

Digital records cannot be authenticated by testimony from a witness with personal knowledge

B.

For evidence to be authenticated it must be reviewed and voted on by a jury

C.

Exhibits that cannot be authenticated will not be admitted regardless of relevance

D.

The purpose of authentication is to ensure that hearsay is not admitted into evidence

Question 21

Slater has been appointed as a bankruptcy administrator. According to the recommendations of the World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes (World Bank Principles), which of the following statements concerning Slater's role as bankruptcy administrator is MOST ACCURATE?

Options:

A.

Slater may investigate all contracts the debtor entered into, but he does not have the power to cancel them without the debtor's permission.

B.

Slater may request relevant information from the debtor's agents or others with knowledge of the debtor's affairs, but he cannot force them to provide it.

C.

Slater may collect, preserve, and dispose of the debtor's property.

D.

Slater may not interfere with contracts signed by the debtor.

Question 22

Which of the following schemes involves disguising money from illegal nonbusiness sources by recording more income on a business's books than the business actually generates?

Options:

A.

Overstate revenues

B.

Structured deposits

C.

Trade-based laundering

D.

None of re above

Question 23

The government filed a avil action against a politician for accepting real estate as a bribe. There is a possibility that the politician could transfer the real estate to a third party before the court enters a final judgment Which type of order should the government seek from the court to prevent the politician from transferring the real estate?

Options:

A.

Preservation order

B.

Declaratory relief

C.

Prejudgment attachment

D.

Litigation hold

Question 24

The________________requires that an employee act solely in the best interest of their employer, free of any serf-dealing, conflicts of interest, or other abuse that results in a personal advantage

Options:

A.

Duty of care

B.

Duty of responsibility

C.

Duty of employee trust

D.

Duty of loyalty

Question 25

Which of the following statements about the International Organization of Securities Commissions (IOSCO) is TRUE?

Options:

A.

IOSCO's primary goal is to establish a separate set of securities regulations for securities exchanges in developing nations.

B.

IOSCO is comprised of commissioners and administrators responsible for regulating securities and administering securities laws in their countries.

C.

IOSCO is an international industry association that sets global accounting and financial reporting standards.

D.

IOSCO is responsible for enforcing regulatory standards that govern all international securities markets.

Question 26

Which of the following typically does NOT have to be present for communications between an attorney and the attorney's client to be protected by a legal professional privilege?

Options:

A.

Purpose of the communications was to seek or provide legal advice

B.

A lawsuit has been filed

C.

Intent to keep the communications confidential

D.

Communication between a legal advisor and a client

Question 27

Which of the following is a legal element that must be shown to prove a claim for commercial bribery?

Options:

A.

The defendant acted negligently.

B.

The defendant gave or received a thing of value.

C.

The principal suffered damages as a result of the bribe

D.

The defendant failed to exercise due care.

Question 28

In jurisdictions that allow criminal bargaining agreements the defendant's counsel generally has the discretion to determine whether a bargaining agreement is available to the defendant.

Options:

A.

True

B.

False

Question 29

Which of the following statements concerning the selection of expert witnesses during trial is MOST ACCURATE?

Options:

A.

Generally, the court selects the primary expert witnesses in adversarial jurisdictions and the parties do not participate in the selection.

B.

Generally, the parties select the expert witnesses in both inquisitorial and adversarial jurisdictions.

C.

Generally, the court selects the primary expert witnesses in inquisitorial jurisdictions and the parties do not hire them directly.

D.

Generally, the parties select expert witnesses in inquisitorial jurisdictions but not in adversarial jurisdictions.

Question 30

Which of the following is the MOST ACCURATE statement about the circumstances under which a conflict of interest claim would be actionable against an agent?

Options:

A.

The agent must have purported to act on behalf of or as an agent for an identified principal

B.

The agent must have had an undisclosed interest m a matter that could influence their professional role

C.

The agent must have informed the principal of their actions

D.

The agent must have been authorized by someone with actual authority to carry out the transaction at issue

Question 31

Greta is convicted of white-collar crime. However, her sentence is suspended in return for her promise of good behavior. Which of the following BEST describes Greta's sentence?

Options:

A.

Determinate sentence

B.

Probation

C.

indeterminate sentence

D.

Deferred prosecution agreement

Question 32

Which of the following choices is a method of pretrial civil discovery that is often found in common law jurisdictions?

Options:

A.

Injunctions

B.

Production writs

C.

Indictments

D.

Affidavits of documents

Question 33

Davis is an employee at Waccamaw Homeplace a publicly traded corporation Davis knows that Waccamaw is about to publicly announce a new joint venture project in China, so he buys shares of Waccamaw stock Assuming that his conduct was illegal m the jurisdiction in which he works and resides, what type of crime did Davis MOST LIKELY commit?

Options:

A.

Churning

B.

Futures fraud

C.

Insider trading

D.

Trading on margin

Question 34

IBC Manufacturing is a private company in a jurisdiction in which the public has the legal right to be free from unreasonable search and seizure by government authorities. An investigator at IBC searches the desk of Denise an IBC employee and finds illegal narcotics. The investigator seizes the narcotics and turns them over to members of law enforcement. The investigator violated Denises rights by failing to obtain a search warrant before conducting the search

Options:

A.

True

B.

False

Question 35

Raj is an employee who works in a jurisdiction that prohibits unreasonable workplace searches and surveillance in areas or items where employees have a reasonable expectation of privacy. In which of the following is Raj MOST LIKELY to have a reasonable expectation of privacy?

Options:

A.

A backpack brought from home

B.

A filing cabinet in the office lobby

C.

A waste bin m the employee's office

D.

A company-issued tablet computer

Question 36

Claude stole a large amount of cash from his employer and then deposited the funds into a domestic bank account Next, he wired the illicit funds to a foreign bank account and engaged m several other transactions using foreign accounts to make them difficult to trace Finally, he transferred the funds back to a domestic account and then spent the money. Which of the following actions was the layering stage of Claude's money laundering scheme?

Options:

A.

When he first deposited the funds into a domestic account

B.

When he first stole the cash from his employer

C.

When he moved the funds through several transactions using foreign accounts

D.

When he spent the money

Question 37

In an inquisitorial judicial proceeding, which of the following parties is primarily responsible for questioning witnesses and generally has a larger role in the evidence-gathering process?

Options:

A.

The defendant's counsel

B.

The grand jury

C.

The prosecution

D.

The judge

Question 38

In a particular country's judicial process, the judge oversees the investigation of a case is primarily responsible for questioning witnesses and generally plays a larger role in the evidence-gathering process than the parties' legal counsel Which of the following BEST describes this type of judicial process'?

Options:

A.

Adversarial process

B.

Substantive law process

C.

Inquisitorial process

D.

Common law process

Question 39

Which of the following would be direct evidence that an employee committed a cash larceny scheme that resulted in the theft of $800 from their employer's safe?

Options:

A.

A coworker states that the employee appeared to be nervous on the day of the theft.

B.

A diagram is used to display the location of the employer's safe.

C.

A witness testifies that they saw the employee take the money.

D.

A witness testifies that the employee was usually the last person to leave the office.

Question 40

The concealment of assets occurs most commonly in which of the following types of fraud schemes?

Options:

A.

Bankruptcy fraud

B.

Fictitious revenues

C.

Payroll fraud

D.

Income smoothing

Question 41

Which of the following statements is TRUE regarding criminal proceedings and discovery in adversarial jurisdictions?

Options:

A.

Most criminal proceedings are divided into pretrial, investigative and trial phases

B.

Parties typically cannot request evidence from each other until after the trial begins.

C.

The majority of criminal discovery usually occurs before the trial begins.

D.

The judge is the primary driver of the discovery process in criminal proceedings.

Question 42

Which of the following is NOT a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts?

Options:

A.

The victim relied on the misrepresentation

B.

The defendant acted negligently

C.

The defendant made a false statement (i, e., a misrepresentation of fact)

D.

The victim suffered damages as a result of the misrepresentation

Question 43

Grant, a fraud examiner is investigating Beatrice for embezzlement on his employer's behalf. During his investigation. Grant learns that Beatrice has cheated on her spouse and he tells several of Beatrice's coworkers about it Beatrice discovers that Grant revealed the unflattering (albeit true) information about her and decides to file a claim of defamation against Grant. Which of the following is the BEST explanation of why Beatrice will not win her defamation case?

Options:

A.

The information was true

B.

The communications to the subject's coworkers were privileged

C.

The news was not communicated to enough people

D.

The statement was not printed and distributed

Question 44

To determine if a misrepresentation in the offer or sale of any securities is material a fraud examiner should answer which of the following questions?

Options:

A.

"Did the person who made the representation believe that it was suitable for potential investors?"

B.

"Was the misrepresentation made by an authorized individual?"

C.

"Would a reasonable investor wish to know the information to make an informed decision?"

D.

''Did the person who made the representation intend to mislead potential investors?

Question 45

Which of the following statements regarding the qualifications of expert witnesses in most inquisitorial jurisdictions is CORRECT?

Options:

A.

Certification in a specific field is always enough to qualify an expert

B.

An excerpt is not qualified to testify unless all parties to the litigation approve

C.

Experts are generally prohibited from serving as expert witnesses in multiple cases

D.

The qualification of an expert is generally based on standardized requirements

Question 46

Each of the following is a common legal defense for tax evasion EXCEPT:

Options:

A.

The taxpayer relied on an attorney or accountant.

B.

The taxpayer has filed for bankruptcy.

C.

The taxpayer has a mental illness.

D.

There is no tax deficiency.

Question 47

Which of the following is generally one of the goals of deferred prosecution agreements?

Options:

A.

To help reduce the risk of future illegal practices by an organization accused of misconduct.

B.

To save trial resources by getting the defendant to plead guilty to a less serious offense.

C.

To postpone prosecution until a company conducts an adequate internal investigation.

D.

To increase the likelihood of conviction if a company is accused of subsequent misconduct.

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Total 158 questions