Full Access ACFE CFE- Fraud-Investigations-and-Legal-Issues Tutorials

The Fraud Examiners Manual notes:

“Management of an organisation should ensure that the organisation has a proper and effective document retention policy in place… An effective policy requires clear retention protocols… and should be immobilised due to a pending investigation or foreseeable litigation.”

Thus, the existence of a document retention policy is a critical factor in deciding how to dispose of evidence.

The most likely claim is intrusion into an individual’s private matters, also known as intrusion upon seclusion. This civil wrong occurs when someone intentionally intrudes into an area where another person has a reasonable expectation of privacy and the intrusion would be highly offensive or objectionable to a reasonable person. Vasquez’s personal workbag is more private than ordinary company property, and the facts state that Ben lacked legitimate interest or authority. Public disclosure of private facts requires publicity of private information, which is not described. Defamation requires a false statement harming reputation, and false accusations are not the issue. Because the claim arises from an improper search of personal property where privacy was reasonably expected, option D is correct.

This question tests your knowledge of Domain 3.

In the context of Bankruptcy Fraud, specifically relating to bankruptcy, administrator, the question asks about TRUE, 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.

The correct answer is C: The administrator may compel Ellis to provide the information despite Ellis ' s relationship to the business.

This question focuses on bankruptcy fraud concepts. The correct answer correctly identifies the relevant bankruptcy process, filing type, or fraud scheme. Understanding bankruptcy proceedings and the roles of various parties is essential for fraud examiners investigating these cases.

In civil law systems, appellate review is generally broader than in common law systems. Appellate courts in civil law jurisdictions may review both legal and factual determinations, and they may obtain additional witness testimony, gather new documentary evidence, or obtain new expert opinions. This differs from many common law systems, where appeals are usually focused on legal errors and the appellate court generally does not retry the facts. Option A describes the common law approach more closely. Option B is incorrect because appellate courts are not required to modify every trial court decision; they may affirm, reverse, remand, or modify depending on the case. Option D is also incorrect because civil law appellate courts are not limited to factual issues only.