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ACFE Fraud Investigations and Legal Issues Exam (CFE-Fraud-Investigations-and-Legal-Issues)

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Vendor

ACFE

Certification

Anti-Fraud

Content

120 Qs

Status

Verified

Updated

5 days ago

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Exam Overview

The ACFE Fraud Investigations and Legal Issues Exam is a critical component for aspiring Certified Fraud Examiners (CFEs), validating specialized expertise in the intricate legal landscape surrounding fraud. Earning this certification signifies a profound understanding of legal principles, evidence handling, and investigative methodologies essential for effectively combating fraudulent activities. It empowers professionals to navigate complex legal frameworks, ensuring investigations are conducted ethically, legally, and lead to actionable outcomes. This credential significantly enhances credibility, career prospects, and demonstrates a commitment to upholding justice and protecting organizational assets, making it indispensable for those dedicated to a career in anti-fraud and compliance.

Questions

125

Passing Score

750/1000 (75%)

Duration

120 Minutes

Difficulty

Expert

Level

Professional

Skills Measured

Legal Elements of Fraud: In-depth understanding of the statutory and common law definitions of various types of fraud, including occupational fraud, financial statement fraud, and corruption.
Rules of Evidence: Proficiency in the principles governing the admissibility, preservation, and chain of custody of evidence in both criminal and civil fraud cases.
Criminal and Civil Law: Knowledge of the distinctions between criminal and civil fraud, relevant statutes, legal procedures, and available remedies, including asset recovery.
Interviewing Techniques: Expertise in planning and conducting effective interviews with witnesses, victims, and suspects, adhering to legal and ethical guidelines, including Miranda warnings where applicable.
Report Writing & Case Management: Ability to prepare comprehensive, legally sound investigative reports and manage complex fraud cases from initiation through resolution, ensuring proper documentation and compliance.

Career Path

Target Roles

Fraud Examiner Forensic Accountant Internal Auditor Compliance Officer Loss Prevention Manager

Common Questions

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Previewing updated CFE-Fraud-Investigations-and-Legal-Issues bank (24 Questions).

QUESTION 1

Robert, a new investigator, asks Adam, a witness to an alleged fraud, “Didn’t you think that he wasn’t behaving appropriately?” This kind of question is called a(n) ___________ question.

A
Inverted
B
Controlled answer
C
Double-negative
D
Complex

Correct Option:

QUESTION 2

Ben, a Certified Fraud Examiner (CFE), and Vasquez both work for the XYZ Company, a private entity located in a jurisdiction with civil laws against privacy violations, defamation, and similar offenses. One day, Vasquez’s manager instructs Ben to search Vasquez’s personal workbag even though he is not suspected of any wrongdoing Assuming Ben conducted the search without legitimate interest or authority and Vasquez had a reasonable expectation of privacy, under which of the following civil claims would Vasquez MOST LIKELY be able to recover damages against Ben?

A
Public disclosure of private facts
B
False accusations
C
Defamation
D
Intrusion into an individual’s private matters

Correct Option:

QUESTION 3

Which of the following legal elements must be shown to prove a claim for fraudulent misrepresentation of material facts?

A
The defendant knew the representation was false.
B
The defendant benefited from the misrepresentation.
C
The defendant acted with gross negligence.
D
The defendant had a duty to provide factual information.

Correct Option:

QUESTION 4

Marla is interviewing the primary suspect of an investigation. During the interview, the suspect frequently taps their foot.

Based on this behavior, can Marla conclude that the suspect is being deceptive?

A
No, because restless behaviors should not be isolated and used to draw a single conclusion.
B
No, because restless behaviors are not potential indicators of deception in any culture.
C
Yes, because restless behaviors are recognized as signs of deception in all cultures.
D
Yes, because restless behaviors are more likely to suggest deception than nervousness.

Correct Option:

QUESTION 5

Kia is analyzing data as part of the evidence collection process in a fraud investigation.

Which of the following steps should Kia take to ensure the results of the analysis are interpreted accurately?

A
Kia should conduct the analysis in a way that supports her specific theory about what has occurred.
B
Kia should include both relevant and irrelevant data in the analysis to generate more results and ensure that important trends and information are not missed.
C
Kia should undertake procedures specifically designed to limit the number of false positives.
D
Kia should set the scope of analysis as broadly as possible, including not only transactional data but also all data collected for marketing and sales purposes.

Correct Option:

QUESTION 6

Which of the follow ng options are examples of nonpublic records that arc generally considered to be private and confidential in most jurisdictions?

A
An individual’s bankruptcy court records
B
An individual’s banking records
C
An individual’s divorce records
D
An individual’s real property records

Correct Option:

QUESTION 7

Which of the following options describes a goal of deferred prosecution agreements?

A
To promote the dissolution of a company if misconduct continues
B
To save trial resources by getting the defendant to plead guilty to a loss serious offense
C
To encourage a company to effectuate change in its corporate culture
D
To postpone prosecution until a company conducts an adequate internal investigation

Correct Option:

QUESTION 8

Juniper is found guilty of skimming cash from her employer. Based on testimony from Juniper’s friends and family about her character, Jumper is sentenced to supervision by a government agent for a year in place of incarceration.

Which of the following options BEST describes Juniper’s sentence?

A
Indeterminate sentence
B
Determinate sentence
C
Deferred prosecution agreement
D
Probation

Correct Option:

QUESTION 9

Tariq is investigating Janine, an employee suspected of stealing funds. Tariq needs access to Janine’s account records from her bank.

Which of the following statements is MOST ACCURATE?

A
Tariq will be able to obtain Janine’s records from the bank without consent or a legal order because banks are obligated to provide records if criminal activity is suspected.
B
Janine has to be physically present al her bank when Tariq requests access to her account records for the bank to agree to give them to a third party.
C
Tariq might need to take legal action to obtain Janine’s bank records if she is unwilling to provide him with written consent.
D
Tariq must obtain Janine’s oral consent before her bank will agree to release her account records to him.

Correct Option:

QUESTION 10

Bob has been asked to testify as a lay witness at trial.

Which of the following statements describes the primary purpose of Bob’s testimony?

A
Bob will assist the fact finder by providing specialized knowledge that will help them understand evidence.
B
Bob will assist the fact finder by offering information based on factual observations.
C
Bob will assist the fact finder by offering an opinion on the guilt or innocence of the defendant.
D
Bob will assist the fact finder by providing an opinion as to the validity of evidence.

Correct Option:

QUESTION 11

Myra, a Certified Fraud Examiner (CFE), is investigating an alleged embezzlement scheme committed by an accountant of a nonprofit organization. During a review of records on a computer hard drive, Myra discovers a logbook showing frequent cash withdrawals from the petty cash fund made by the suspect accountant.

Which type of evidence would the records be considered?

A
Analog evidence
B
Virtual evidence
C
Documentary evidence
D
Digital evidence

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QUESTION 12

Anita, a Certified Fraud Examiner (CFE), is investigating a suspected collusion scheme among a group of contractors. While interviewing one of the suspect contractors, Anita asks, “How many years have you been working as a contractor in this city?” This can MOST ACCURATELY be described as a(n) ________________ question.

A
Complex
B
Closed
C
Open
D
Leading

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QUESTION 13

Mitchell, a fraud examiner, believes the primary suspect in a fraud case that he is investigating is concealing the assets they accumulated with illicit proceeds of fraud.

Which of the following types of financial products should Mitchell try to locate because of their appeal to asset hiders?

A
Financial products that are complex and cannot be easily accessed
B
Financial products that obscure links between an asset’s initial receipt and its final disposition
C
Financial products that are difficult to buy and sell quickly without their market value being affected
D
Financial products that offer dear visibility into the asset’s ownership history

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QUESTION 14

Which of the following statements about the UK Bribery Act is MOST ACCURATE?

A
Like the FCPA, the UK Bribery Act makes it a crime to bribe a private foreign corporation in international business transactions.
B
If an organization’s anti-corruption program complies with the FCPA, then it will also comply with the UK Bribery Act.
C
Like the FCPA, the UK Bribery Act provides an explicit exception for facilitating payments.
D
The UK Bribery Act has jurisdiction that extends outside of the borders of the United Kingdom if acts involve British citizens.

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QUESTION 15

Which of the following statements about a digital forensic examiner seizing a personal computer for forensic examination is MOST ACCURATE?

A
When seizing a computer that is not running, it should be turned on and data should be accessed remotely to avoid damaging evidence.
B
When seizing a computer that k running, it might be appropriate to perform live evidence collection if the data is volatile.
C
When seizing a computer that is running, the computer should be turned off using normal shutdown procedures to preserve evidence.
D
When seizing a computer that is not running, it should be turned on normally to begin live evidence collection of available data.

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QUESTION 16

Which of the follow ng statements about the process of obtaining a verbal statement of admission is MOST ACCURATE?

A
The interviewer should assume that the subject is providing accurate amounts regarding funds involved in the fraud.
B
The interviewer should resolve any discrepancies in the subject’s statement as they arise before proceeding with the interview.
C
The interviewer should transition from the accusatory process to the verbal statement of admission after the subject has provided all known details of the offense.
D
The interviewer should obtain a verbal admission either chronologically, by transaction, or by event, depending on the circumstances of the case.

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QUESTION 17

Which of the following pieces of information should be documented in a memorandum that details the basis for a covert investigation?

A
A description of all known associates of the parties to be surveyed
B
Dates and locations of all expected interactions with the subject
C
A description of the process used to determine the cause for investigation
D
The information that is expected to be gained from the covert investigation

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QUESTION 18

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

A
Although a judge typically serves as the fact finder some jurisdictions a low jury panels of laypersons and judges to serve as fact finder.
B
Although a jury typically serves as the fact finder, a judge may serve as the fact finder in cases that are considered to be of a less serious nature.
C
A judge serves as the fact finder in all criminal cases that go to trial, regardless of the jurisdiction.
D
A jury serves as the fact finder in all criminal cases that go to trial, regardless of the jurisdiction.

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QUESTION 19

Which of the following choices BEST describes the main purpose of imaging a seized computer’s hard drive during a digital forensic investigation?

A
To perform a digital forensic analysis directly on the suspect computer system without damaging any data
B
To document the original setup of the hard drive and any attached devices prior to analyzing the seized system
C
To create a forensic copy of the suspect computer system s hard drive to use for further analysis
D
To prohibit individuals who are not professionally trained in forensic analysis from accessing the hard drive

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QUESTION 20

Which of the following elements must be proven to establish a perjury offense?

A
The defendant made a false statement to opposing counsel.
B
The defendant made a false statement in a court of law.
C
The defendant made a false statement that was relevant to the proceeding.
D
The defendant made a false statement la their attorney prior to litigation.

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QUESTION 21

Which of the following statements about how fraud examiners should plan to approach fraud examinations is MOST ACCURATE?

A
Fraud examiners should follow the circumstantial approach when planning and conducting fraud examinations.
B
Fraud examiners should approach a fraud examination from both the perspective that fraud has occurred and that it has not occurred.
C
Fraud examiners should begin a fraud examination by focusing on details that are specific and then transition to more general information.
D
Fraud examiners should interview people who are more involved in the issues related to the fraud examination before interviewing people who are less involved.

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QUESTION 22

A business is found to have engaged in fraudulent misconduct following a lengthy government investigation. The findings result in the business being placed on a government roster that excludes members from participating in government programs. This type of administrative penalty is known as:

A
Disallowance
B
License revocation
C
Debarment
D
License suspension

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QUESTION 23

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

A
The defendant entered into an agreement to commit an illegal act with at least one other person.
B
Each of the conspirators knew all of the conspiracy’s objectives and can identify all the participants involved.
C
Each of the conspirators knowingly committed an overt act in furtherance of the conspiracy.
D
The defendant documented at least one detail of the conspiracy in writing or electronically.

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QUESTION 24

Which of the following factors is MOST RELEVANT for a fraud examiner to consider when determining whether they can legally search for and extract information shared through social media?

A
What company owns the social media platform where the information is hosted
B
Whether the subject’s social media page or profile is publicly available
C
The type of content the subject has chosen to include on social media
D
The likelihood that incriminating evidence will be uncovered on social media

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