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Total 212 questions

Certified Fraud Examiner (CFE) - Law Questions and Answers

Question 1

Which of the following examples of judicial systems would BEST be described as a civil law system?

Options:

A.

The courts are allowed to consider both codified statutes and previous court decisions but are bound by neither

B.

The courts are bound by both previous court decisions and codified principles or statutes

C.

The courts are bound primarily by previous court decisions to reserve legal issues

D.

The courts are bound by codified principles or statures but are not bound by previous court decisions

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Question 2

In most countries employers must provide notice to their employees before they implement an employee monitoring program

Options:

A.

True

B.

False

Question 3

Which of the following statements is MOST ACCURATE concerning how criminal bargaining agreements are typically handled in jurisdictions where such agreements are allowed?

Options:

A.

The defense generally has the discretion to decide whether to settle charges with a bargaining agreement.

B.

Both the prosecution and the defense have the discretion to decide whether to settle charges with a bargaining agreement.

C.

Only the judge assigned to the case has the discretion to decide whether to settle charges with a bargaining agreement.

D.

The prosecution generally has the discretion to decide whether to settle charges with a bargaining agreement.

Question 4

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

Options:

A.

The defendant knew all the details or objectives of the conspiracy.

B.

The defendant knew the purpose of the conspiracy and intentionally joined it.

C.

The defendant knew the identity of all the participants in the conspiracy.

D.

The defendant knew the purpose of the conspiracy and accomplished it.

Question 5

Each day, Rachel purchases $14 500 in bearer instruments with cash from a bank where all currency transactions above 515,000 must be reported to the government Rachets actions are a red flag of which of the following schemes ' ?

Options:

A.

Channel stuffing

B.

Alternative remittance system

C.

Structuring

D.

Real estate laundering

Question 6

In systems using adversarial processes, an attorney may impeach an opposing party ' s witness by showing that the witness:

Options:

A.

Has a keen ability to observe

B.

Made poor consistent statements

C.

Testified from personal knowledge

D.

Is influenced by bias or self-interest

Question 7

Calvin, an attorney, sends a letter that is protected by a legal professional privilege to Katrina, one of his clients. Upon receiving the letter, Katrina emails it to her coworker who has no need to know the information contained in the letter. Which of the following statements is MOST ACCURATE?

Options:

A.

The privilege might have been waived because Katrina used email to transmit the protected information.

B.

The privilege might have been waived because Katrina transmitted the protected information to a third party who has no need to know the information.

C.

The privilege was not waived by Katrina because the legal professional privilege belongs to the attorney, not the client.

D.

The privilege was not waived because the legal professional privilege cannot be waived by transmitting protected information to a third party.

Question 8

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

Options:

A.

IOSCO is a self-regulatory organization for companies that have securities traded on international securities markets

B.

IOSCO provides a forum for regular cooperation on banking supervisory matters affecting developing nations

C.

IOSCO is an oversight body responsible for issuing and enforcing regulations that govern all international securities markets

D.

IOSCO is recognized as the international standard-setter for securities markets

Question 9

Under the World Bank Principles for Effective Insolvency and Credit/Debtor Regimes (World Bank Principles), which of the following parties should administer the debtor ' s estate in liquidation bankruptcy proceedings?

Options:

A.

The jurisdiction ' s commerce department or equivalent agency

B.

The creditor with the largest claim against the debtor

C.

The debtor, supervised by an independent insolvency representative

D.

An independent insolvency representative

Question 10

Which of the following is the MOST ACCURATE statement about serf-regulatory organizations (SROs) in the securities industry?

Options:

A.

An SRO generally has sole regulatory authority over the securities industry in the jurisdiction in which it operates

B.

In most jurisdictions. SROs are prohibited from participating in the resolution of disputes related to securities transactions

C.

An SRO is a governmental entity that exercises regulatory authority over the securities industry in its jurisdiction

D.

In some jurisdictions SROs establish the standards and rules under which members of the securities industry operate

Question 11

In a judicial proceeding, the parties in the proceeding are primarily responsible for gathering evidence for trial. Additionally, the parties or their legal counsel conduct the questioning of witnesses. Which of the following best describes this type of judicial process?

Options:

A.

Adversarial process

B.

Inquisitorial process

C.

Civil law process

D.

Unitary process

Question 12

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

Question 13

An attorney hires a fraud examiner to work on an embezzlement case. In connection with the case, the attorney emails the fraud examiner a copy of a memorandum that is protected by a legal professional privilege. Which of the following statements is most accurate?

Options:

A.

The attorney did not waive the privilege because the legal professional privilege belongs to the client, not the attorney.

B.

The attorney did not waive the privilege because the attorney hired the fraud examiner to work on the case.

C.

The attorney waived the privilege because they transmitted the protected information to a third party.

D.

The attorney waived the privilege because they used email to transmit the protected information.

Question 14

Nora, a health care provider b convicted of health care fraud in criminal court After her conviction, the national health agency begins a proceeding to prohibit Nora from seeking reimbursement from government health care programs for five years Which type of administrative penalty is the national health agency seeking?

Options:

A.

License suspension

B.

Debarment

C.

License revocation

D.

Disenfranchisement

Question 15

Which of the following situations would constitute a violation of the U.S. Foreign Corrupt Practices Act (FCPA)?

Options:

A.

A U.S. company pays a $2,000 foreign corporation fee that is required to conduct business within the country.

B.

A private U.S. company transfers $35,000 to the owner of a private Chilean company to influence the award of a construction contract.

C.

A private U.S. company transfers $45,000 to a Chinese public official to influence the award of overseas contracts.

D.

A UK company transfers $15,000 to a Brazilian public official to influence the award of overseas construction contracts.

Question 16

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 17

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 a trial without public disclosure of the results

B.

Right of the accused to be presumed innocent until proven guilty

C.

Right of the accused to unlimited appeals in criminal trials

D.

Right of the accused to be released from custody pending trial

Question 18

Which of the following is NOT a requirement of the European Union ' s (EU) General Data Protection Regulation (GDPR)?

Options:

A.

An organization must delete a data subject ' s personal data automatically when the data are no longer m use.

B.

An organization must have a documented lawful basis for collecting or processing personal data.

C.

An organization generally must notify all affected data subjects without undue delay when a high-risk data breach occurs

D.

An organization must confirm or deny that it possesses a data subject ' s personal data upon that individual ' s request

Question 19

Which of the following statements about civil actions in most jurisdictions is correct?

Options:

A.

The plaintiff’s complaint must typically contain a copy of all documents that might be relevant to the case.

B.

Civil actions begin with the filing of a pleading, usually in the jurisdiction where the defendant resides or where the claim originated.

C.

The plaintiff’s complaint does not need to state the grounds for legal relief.

D.

All of the above are correct.

Question 20

In most common law jurisdictions, which of the following BEST describes when the duty to preserve evidence begins?

Options:

A.

When litigation is reasonably anticipated

B.

When the company receives notice of the lawsuit

C.

When the judge sets the schedule for discovery

D.

When the court orders the party to produce the evidence

Question 21

Which of the following statements concerning judgments involving parties that are in multiple jurisdictions is MOST ACCURATE?

Options:

A.

If a party obtains a judgment in one jurisdiction, then that party will automatically be able to enforce the judgment wherever the defendant resides.

B.

Whether a foreign judgment is enforceable always depends on where the defendant ' s assets are located.

C.

If a party obtains a judgment in one jurisdiction, then that party will automatically be able to enforce the judgment in any jurisdiction.

D.

Whether a foreign judgment is enforceable might depend on whether the two jurisdictions have an enforcement treaty.

Question 22

Which of the following situations would constitute a violation of the US Foreign Corrupt Practices Act (FCPA)

Options:

A.

A private U.S company pays a S2.000 foreign corporation fee that is required in order to do business within the country

B.

A private UK company transfers $25,000 to a Chilean public official to influence the award of lucrative overseas contracts.

C.

A private U S company transfers $45,000 to a foreign official to influence the award of a public construction contract.

D.

A private U.S company transfers $100,000 to the sole proprietor of a Brazilian company to influence the award of a commercial imports contract.

Question 23

Which of the following is an example of a trade-based money laundering scheme?

Options:

A.

An importer and an exporter conspire to conceal illicit funds by creating invoices that understate the quantity of goods shipped internationally

B.

An accountant overstates a restaurants revenues to hide illegal funds that are secretly laundered through the business

C.

A drug cartel outside of the United States launders illicit funds by hiring runners to deposit small amounts of money in bank accounts throughout the United States

D.

A businessperson deposits illicit funds into the bank account of a company they secretly own which then lends the funds back to them

Question 24

Greta obtained money from illegal activities, which she deposited into a domestic bank account. Next, she moved the funds to several foreign accounts in the form of fake loans and transactions to make the audit trail difficult to follow. Finally, she transferred the funds back to a domestic account that she controlled and then spent the money. In which of the following stages of money laundering did Greta engage when she first deposited the money into a domestic account?

Options:

A.

Integration

B.

Placement

C.

Implementation

D.

Layering

Question 25

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

Options:

A.

Communication between a legal advisor and a client

B.

Purpose of the communications was to seek or provide legal advice

C.

Intent to keep the communications confidential

D.

A lawsuit has been filed

Question 26

Which of the following is generally NOT one of the goals of deferred prosecution agreements?

Options:

A.

To postpone prosecution until a company conducts an extensive internal investigation

B.

To get an organization to reform its policies

C.

To allow prosecutors to resolve a case while still punishing malfeasance

D.

To reduce the risk of illegal practices at an organization

Question 27

Which of the following is NOT a right of the accused under the United Nations ' (UN) International Covenant on Civil and Political Rights (ICCPR)?

Options:

A.

Right of the accused to be informed of criminal charges

B.

Right to be presumed innocent until proven guilty

C.

Right to a trial by jury

D.

Freedom from arbitrary arrests

Question 28

Suri is conducting a fraud examination in a country where courts apply laws from codified statutes to each case and their decisions are not bound by similar court decisions from previous cases. This type of judicial system is best known as a:

Options:

A.

Codified law system

B.

Common law system

C.

Statutory law system

D.

Civil law system

Question 29

Bob owns a struggling business called Luxury Rentals that has ten luxury vehicles. A week before Luxury Rentals files for bankruptcy, Bob transfers ownership of one of the vehicles to his wife. Which type of fraud scheme has Bob most likely committed?

Options:

A.

A fraudulent conveyance

B.

A fraudulent bankruptcy

C.

A concealed transfer

D.

A planned bustout

Question 30

A custodial arrest occurs when the suspect is questioned by a law enforcement officer.

Options:

A.

True

B.

False

Question 31

In most civil law systems, which of the following parties typically serves as the fact finder in criminal proceedings?

Options:

A.

judge

B.

A jury

C.

A panel comprised of laypersons

D.

A panel of court-appointed attorneys

Question 32

According to the best practices regarding large cash transactions with customers as provided by the Financial Action Task Force (FATF) Recommendations, which of the following transactions would require a report to be filed with the government?

Options:

A.

A domestic cash deposit into a bank of a sum that is below the jurisdiction ' s designated threshold.

B.

A single cash purchase of restaurant supplies for a sum that is above the jurisdiction ' s designated threshold.

C.

A single cash purchase of casino credits for a sum that is above the jurisdiction ' s designated threshold.

D.

All of the above.

Question 33

Lana is a Certified Fraud Examiner (CFE) who works for Penn National, a private company. Lana suspects that Payne, an employee for Penn National, has stolen numerous products from the company. Lana plans to conduct an internal investigation into the missing products. Based on these facts, which of the following is the most accurate statement?

Options:

A.

Payne has a duty to cooperate with the investigation even if what is requested from him is not reasonable.

B.

Payne can refuse to cooperate with the investigation because he has a legal right to privacy.

C.

Payne likely has a duty to cooperate with the investigation as part of the employer-employee relationship.

D.

Payne can refuse to cooperate with the investigation because he has the right to remain silent.

Question 34

Paul is convicted of embezzlement. However, his sentence is suspended in return for his promise of good behavior. Which of the following BEST describes Paul’s sentence?

Options:

A.

Deferred prosecution agreement

B.

Indeterminate sentence

C.

Determinate sentence

D.

Probation

Question 35

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 36

The MOST COMMON bankruptcy fraud scheme is:

Options:

A.

Forged filing

B.

A planned bustcut

C.

A credit card bustout

D.

Concealment of assets

Question 37

__________ insurance is a type of insurance under which an insured entity is covered against losses caused by the dishonest or fraudulent acts of its employees.

Options:

A.

Fidelity

B.

Inherent risk

C.

Opportunity

D.

Residual risk

Question 38

Mya has been retained as an expert witness to provide testimony for a trial. Which of the following statements describes the primary purpose of Mya ' s testimony?

Options:

A.

Mya will assist the fact finder by drawing conclusions regarding the accused ' s guilt or innocence.

B.

Mya will assist the fact finder by providing specialized knowledge on the admissibility of evidence in the case.

C.

Mya will assist the fact finder by drawing conclusions on the credibility of other witnesses.

D.

Mya will assist the fact finder by providing specialized knowledge that will help them understand evidence.

Question 39

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

Options:

A.

The expert has the discretion to determine the scope of the examinations

B.

The judge is not allowed to question the expert ' s credibility under any circumstance

C.

The parties determine the extent of consideration to be given to the expert ' s testimony

D.

The parties are often allowed to question the expert ' s methods and analysis

Question 40

Under the ________, people in fiduciary relationships must act with the same skill and attention that is normally exercised by ordinarily prudent persons who are in similar positions.

Options:

A.

Duty of loyalty

B.

Duty of care

C.

Duty of responsibility

D.

Duty of employee trust

Question 41

Which of the following statements concerning civil trials in common law jurisdictions is MOST ACCURATE?

Options:

A.

Civil jury trials must have the same number of jurors as in criminal jury trials.

B.

Neither side may appeal an adverse judgment in a civil case

C.

Jury verdicts m civil trials must always be unanimous

D.

in most civil cases, the standard of proof is the preponderance of the evidence

Question 42

Which of the following statements regarding using front businesses as a method of laundering money is MOST ACCURATE?

Options:

A.

Front businesses are a favored method because it is easy to match the costs associated with providing customers food, liquor, and entertainment with the revenues produced.

B.

Bars, restaurants, and nightclubs are commonly used as front businesses because these venues tend to charge relatively low prices and customers rarely vary in their purchases.

C.

Front businesses can often be detected because these businesses have a large number of customers during peak operating hours and high income.

D.

A front business that conducts legitimate business can provide cover for delivery and transportation related to illegal activity.

Question 43

Which of the following is NOT one of the elements that the government must prove to establish a violation of a law criminalizing false statements to government agencies?

Options:

A.

The government relied on the false statement

B.

The defendant knew the statement was false

C.

The defendant made a false statement

D.

The false statement was material

Question 44

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 45

In common law jurisdictions failing to suspend routine destruction of electronic data can result in sanctions for failure to preserve relevant evidence

Options:

A.

True

B.

False

Question 46

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 47

John deliberately understated his income so that he could pay a lesser amount on his tax bill. This is an example of tax avoidance.

Options:

A.

True

B.

False

Question 48

Which of the following scenarios is an example of the criminal sanction known as criminal forfeiture?

Options:

A.

As part of her sentence for money laundering, a defendant is sentenced to a three- to five-year term of incarceration.

B.

As part of her sentence for bribery, a defendant is ordered to transfer a vehicle she received as a bribe to the government.

C.

As part of his sentence for tax evasion, a defendant is ordered to pay a fine of $10,000 to the government.

D.

As part of his sentence for embezzlement, a defendant is ordered to pay back his employer for the money he stole.

Question 49

Which of the following would be direct evidence that the criminal defendant a former cashier for a home improvement store committed a cash larceny scheme that resulted in the theft of more than $5 000 from the store?

Options:

A.

A diagram is used to display the location of the store ' s registers

B.

A witness testifies that they saw the defendant take the money

C.

A witness testifies that the defendant was almost always the last cashier to leave the store

D.

A coworker testifies that the defendant was acting nervously the day the money was taken

Question 50

In common law jurisdictions, which of the following scenarios would MOST LIKELY result in sanctions for an organization for failing to preserve evidence?

Options:

A.

An employee intentionally destroys a relevant document prior to the company announcing the possibility of litigation.

B.

An employee unintentionally alters a digital document that is not directly relevant to any potential litigation that the company has announced to its staff.

C.

An employee accidentally deletes a digital document that is relevant to litigation after the company announces that such litigation is a possibility.

D.

An employee abstains from destroying a document relevant to an ongoing proceeding even though this act violates the company ' s document retention policy.

Question 51

During a trial in an adversarial system an attorney calls an expert witness to the stand and asks " Could you please describe the procedures you performed in your examination? ' ' Based on this question, which type of testimony is MOST LIKELY being presented ' ?

Options:

A.

Impeachment

B.

Direct exam Ml mi

C.

Cross-examination

D.

Request for admission

Question 52

Acme Inc. is the debtor in a bankruptcy case that will enable the organization to continue conducting business after the proceeding. Which of the following is one of the preferred approaches to governance and management of the proceeding under the World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes (World Bank Principles)?

Options:

A.

The creditor with the largest claim against Acme is entrusted as the insolvency supervisor.

B.

Exclusive control of the proceeding is entrusted to an independent insolvency representative.

C.

Acme ' s management and its creditors oversee governance responsibilities.

D.

Supervision of Acme ' s management is undertaken by the company ' s internal audit function.

Question 53

Which of the following statements concerning judgments involving parties in multiple jurisdictions is MOST ACCURATE?

Options:

A.

Whether a foreign judgment is enforceable always depends on where the defendant ' s assets are located

B.

If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment in any jurisdiction

C.

If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment wherever the defendant resides

D.

Whether a foreign judgment is enforceable might depend on whether the two jurisdiction have an enforcement treaty

Question 54

At the end of a civil proceeding, the court finds the defendant, a company, liable and orders it to pay a large sum of money to compensate for the plaintiffs losses. Which of the following BEST describes this type of remedy?

Options:

A.

Declaratory relief

B.

Carnages

C.

Equitable relief

D.

Injunction

Question 55

One of the purposes of securities regulation is to maintain market confidence.

Options:

A.

True

B.

False

Question 56

Which of the following statements concerning digital currencies, such as bitcoin, is MOST ACCURATE?

Options:

A.

Digital currencies are subject to all of the same regulations as payments made through traditional financial institutions

B.

Digital currencies are attractive to money launderers because payments often cross jurisdictional boundaries, making it difficult for authorities to pursue enforcement

C.

Digital currencies are attractive to money launderers because they are a payment method that provides complete anonymity

D.

Digital currencies are not typically used to launder money due to strict customer identification or recordkeeping requirements enforced in all jurisdictions

Question 57

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 58

The Organisation for Economic Co-operation and Development’s (OECD) Recommendation on Combating Bribery in International Business (the Recommendation) urges member states to combat the bribery of foreign public officials by improving which of the following primary areas within their respective infrastructures?

Options:

A.

Public safety systems and regulations

B.

Laws related to criminal jurisdiction

C.

Requirements and practices related to public health

D.

Banking and accounting requirements and practices

Question 59

Which of the following statements concerning fact finders in criminal trials in common law jurisdictions is most accurate?

Options:

A.

A judge serves as the fact finder in all criminal cases that go to trial.

B.

A jury serves as the fact finder in all criminal cases that go to trial.

C.

Although a judge typically serves as the fact finder, a jury sometimes serves as the fact finder in cases that are deemed more minor.

D.

Although a jury typically serves as the fact finder, a judge may serve as the fact finder in minor cases where a jury trial is not available or is waived.

Question 60

Which of the following statements concerning civil trials in civil law jurisdictions is most accurate?

Options:

A.

Neither side may appeal an adverse judgment in a civil case.

B.

The standard of proof in civil trials is lower than it is in criminal trials.

C.

Civil trials are typically a single event rather than a continual series of meetings and correspondences.

D.

The standard of proof in civil trials is often described as the inner conviction of the judge.

Question 61

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?

Options:

A.

The victim ' s distress occurred for at least two years.

B.

The victim suffered distress due to the defendant ' s conduct.

C.

The defendant engaged in extreme and outrageous conduct.

D.

The defendant acted intentionally or recklessly.

Question 62

In jurisdictions that allow for corporate criminal liability which of the following is typically required for the corporation to be vicariously liable for the acts of one of its employees?

Options:

A.

Management was directly involved with the offense

B.

Management knew of the underlying offense but did not correct it

C.

The corporation had previous violations of a similar nature

D.

The employee was acting within the scope of their employment

Question 63

The Organisation for Economic Co-operation and Developments (OECD) Recommendation on Combating Bribery m International Business (Recommendation) urges member states to combat the bribery of foreign public officials by taking steps to improve which of the following primary areas within their respective infrastructures?

Options:

A.

Public health and safety regulations

B.

Laws and regulations related to public subsidies licenses, and contract procurement

C.

Laws and regulations covering e-commerce

D.

Consumer data protection laws

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