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Total 171 questions

Certified Fraud Examiner (CFE) - Law Questions and Answers

Question 1

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.

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Question 2

Callie is an employee at Red Incorporated, 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. Steven, an investigator employed by Red, searches Callie’s office and discovers several personal items that other employees have reported missing. Steven seizes the items and gives them to law enforcement. By failing to obtain a search warrant before conducting his search, Steven has violated Callie’s rights.

Options:

A.

True

B.

False

Question 3

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 4

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 5

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 6

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 7

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 8

Which of the following is the MOST ACCURATE statement about the different types of alternative dispute resolution'?

Options:

A.

The agreements reached in mediations are generally nonbinding.

B.

In a mediation session, the mediator decides who should win the dispute at issue

C.

The decisions reached in all arbitrations are always binding

D.

In an arbitration proceeding the arbitrator acts as a judge or jury by deciding the dispute at issue on its merits

Question 9

Which of the following, if available, would help an organization recover losses from an instance of internal fraud?

Options:

A.

Privilege insurance

B.

Customer liability policy

C.

Fidelity insurance

D.

Deposition

Question 10

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 11

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 12

In most civil law systems, the burden of proof for the government to convict a defendant in a criminal case is beyond a reasonable doubt.

Options:

A.

True

B.

False

Question 13

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.

Question 14

Frederick has multiple high-volume foreign bank accounts. The country he lives in requires him to report such accounts annually for tax purposes but he regularly and intentionally fails to report his accounts in order to reduce the amount of taxes he must pay. Which of the following schemes has Frederick MOST LIKELY committed?

Options:

A.

A tax credit evasion scheme

B.

A value-added tax evasion scheme

C.

An excise tax evasion scheme

D.

An income and wealth tax evasion scheme

Question 15

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

Options:

A.

All of the conspirators knowingly committed an overt act in furtherance of the conspiracy.

B.

The defendant entered into an agreement to commit an illegal act with at least one other person.

C.

The conspirators accomplished the purpose of the conspiracy that was initially established.

D.

The defendant intentionally or unintentionally joined and participated in the illegal scheme.

Question 16

Which of the following is NOT required for a contract transaction or scheme to be classified as an investment contract?

Options:

A.

The expectation of making a profit

B.

Profits derived solely from the investor's management activity

C.

investment m a common enterprise

D.

An investment of money or other asset

Question 17

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 18

During an internal investigation Todd a Certified Fraud Examiner (CFE) interviewed Janessa a fraud suspect Although Janessa wanted to leave in the middle of the interview, Todd blocked the exit and prevented her from leaving Janessa subsequently confessed to committing fraud If under these facts Janessa files a lawsuit (or false imprisonment against Todd, Todd will likely

Options:

A.

Win the case because he is protected under the qualified business privilege

B.

Lose the case if a trier of fact concludes that he restrained Janessa without consent or legal justification

C.

Lose the case because janessa did not leave the interview

D.

Win the case if he did not know the conduct was illegal

Question 19

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 20

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 21

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 22

__________ 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 23

Aliyah is an employee at Chatham, a publicly traded corporation, and she owns shares of Chatham's stock. Aliyah learns that Chatham is going to publicly announce low earnings, so she sells her shares of Chatham's stock. If her conduct is illegal in the jurisdiction where she works and resides, then what type of crime did Aliyah MOST LIKELY commit?

Options:

A.

Churning

B.

Insider trading

C.

Trading on margin

D.

Futures fraud

Question 24

Which of the following statements is MOST ACCURATE regarding cross-examination of witnesses in adversarial systems?

Options:

A.

If opposing counsel asks an overly complex question during cross-examination, witnesses should ask for the question to be rephrased

B.

If an expert witness's opinion is at risk of being distorted during cross-examination, the expert should avoid answering the question

C.

The primary purpose of cross-examination is for opposing counsel to discover information previously unknown to opposing counsel.

D.

The general rule is for opposing counsel to cross-examine all witnesses to ensure that important details are not missed by the fact finder

Question 25

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 26

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 27

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

Options:

A.

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

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.

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

Question 28

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 29

Evidence that tends to make some tact at issue more or less likely than it would be without the evidence is called:

Options:

A.

Circumstantial evidence

B.

Testamentary evidence

C.

Demonstrative evidence

D.

Relevant evidence

Question 30

Robert, a Certified Fraud Examiner (CFE), wants to ensure that the authenticity of the evidence he collected during his investigation is not compromised. His main objective should be to:

Options:

A.

Limit access to the evidence to judicial officials prior to trial proceedings.

B.

Prevent all other parties from obtaining physical control of the evidence.

C.

Establish a clear chain of custody to show that the evidence has not been altered.

D.

Only alter or materially change the evidence himself if absolutely necessary.

Question 31

Freya, a government contractor, has been convicted of colluding with other contractors to manipulate the competitive bidding process. After her conviction, Freya’s name is added to a list of individuals who are prohibited from bidding on government contracts for a period of five years. The administrative penalty that Freya received is BEST described as:

Options:

A.

License revocation

B.

Disenfranchisement

C.

Debarment

D.

License suspension

Question 32

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

Options:

A.

Circumstantial evidence

B.

Relevant evidence

C.

Testamentary evidence

D.

Demonstrative evidence

Question 33

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 34

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 35

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 36

Which of the following is the MOST ACCURATE statement about the litigation privilege in common law jurisdictions?

Options:

A.

The primary purpose of the litigation privilege is to protect confidential communications between a client and the client's legal representative

B.

The litigation privilege only protects documents and materials prepared by an attorney

C.

The litigation privilege applies only while a trial is underway

D.

The litigation privilege applies only to documents and materials prepared in anticipation of litigation

Question 37

Cory has been charged with lax evasion for filing a false tax return. As a defense, Cory claims that he made an honest mistake due to the tax law's complexity, and he did not intentionally submit an incorrect tax return If the court finds that his mistake was in good faith the most likely will NOT be found to have "willfully'" engaged m fraudulent actions to avoid reporting or paying his taxes.

Options:

A.

True

B.

False

Question 38

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 39

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 40

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 41

The Financial Action Task Force (FATF) Recommendations concerning cross-border transfers of currency recommend that countries do which of the following?

Options:

A.

Require individuals to make a disclosure any time currency is physically transported into or out of a country, regardless of the currency amount.

B.

Eliminate the practice of carrying currency above a certain threshold across international borders.

C.

Establish reporting thresholds for physically carrying currency or currency equivalents into or out of a country.

D.

Stipulate that financial institutions must inform authorities any time they conduct a transaction involving a cash equivalent originating from another country.

Question 42

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

Options:

A.

True

B.

False

Question 43

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

Options:

A.

True

B.

False

Question 44

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 45

The Financial Action Task Force (FATF) Recommendations slate that a financial institution s customer due diligence (COD) procedures should include continued monitoring of a customer's business relationships and transactions.

Options:

A.

True

B.

False

Question 46

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 47

Wilson, a Certified Fraud Examiner and Garcia both work for ABC Corp., a private company that operates in a jurisdiction with civil laws against privacy violations, defamation, and similar offenses. ABC’s president tells Wilson to investigate and search Garcia’s private tablet even though Garcia is not suspected of any wrongdoing. Assuming Wilson conducted the search without legitimate interest or authority and Garcia had a reasonable expectation of privacy, under which of the following claims would Garcia MOST LIKELY be able to recover damages from Wilson and ABC?

Options:

A.

Public disclosure of private facts

B.

Property damage

C.

Defamation

D.

Intrusion into an individual’s private matters

Question 48

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 49

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

Options:

A.

The presence of a jury is always required to make factual findings in a common law criminal trial

B.

A panel of a professional judge and lay judges usually serves as the fact finder in serious cases

C.

A judge is typically responsible for factual findings

D.

Juries usually serve as the fact finder in serious cases

Question 50

Which of the following is required for a contract, transaction, or scheme to qualify as an investment contract?

Options:

A.

The investment must not have been made with expectations of making a profit.

B.

The investment must be made in cash.

C.

The investment is in a common enterprise.

D.

The investment activity is managed solely by the efforts of the investor and no others.

Question 51

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

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Total 171 questions