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CFE-Law Questions and Answers

Question # 6

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?

A.

Overstating revenues

B.

Reporting real estate purchases

C.

Recording but not depositing revenue

D.

None of the above

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Question # 7

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

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

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Question # 8

A prosecutor filed criminal charges against Rosa calming that she stole Juan's personal information and sold his identity on the dark web Juan wants to file a civil lawsuit against Rosa to recover damages arising from the identity theft Can Juan file the civil action before the criminal action against Rosa is completed?

A.

Yes, the civil action can be filed if the jurisdiction permits parallel proceedings.

B.

No, the civil action cannot be filed if the jurisdiction prohibits counterclaims.

C.

Yes, the civil action can be filed if the jurisdiction permits analogous cairns.

D.

No, the civil action cannot be filed if the jurisdiction prohibits double jeopardy.

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Question # 9

Dodd is a Certified Fraud Examiner (CFE) who works for Weathervane, a private company Dodd suspects that Burton a Weathervane employee has embezzled money from the company Dodd plans to conduct an internal investigation into the missing funds Based on these facts which of the following is the MOST ACCURATE statement?

A.

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

B.

Burton can refuse to cooperate with the investigation because he has a fundamental right to privacy

C.

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

D.

Burton can refuse to cooperate with the investigation because he has a fundamental right to remain silent

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Question # 10

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

A.

True

B.

False

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Question # 11

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

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

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Question # 12

One of the purposes of securities regulation is to promote an active and competitive market.

A.

True

B.

False

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Question # 13

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

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

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Question # 14

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

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.

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Question # 15

Which of the following is MOST LIKELY to affect the rights that an employee may have during an internal investigation?

A.

The likelihood that the case will eventually go to trial.

B.

The existence of a collective bargaining agreement.

C.

The amount of evidence that the employer possesses.

D.

The length of the employee's tenure at the organization.

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Question # 16

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

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

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Question # 17

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.

A.

True

B.

False

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Question # 18

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.

A.

True

B.

False

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Question # 19

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)?

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

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Question # 20

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:

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

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Question # 21

Bob receives a memorandum from his attorney that is protected by a legal professional privilege Bob emails the memorandum to a third party who has no need to know the information in the memorandum Which of the following statements is MOST ACCURATE?

A.

Bob did not walve the privilege because the legal professional privilege belongs to the attorney, not the client

B.

Bob might have waived the privilege because he transmitted the protected information to a third party who has no need to know the information

C.

Bob might have waived the privilege because he used email to transmit the protected information.

D.

Bob did not waive the privilege because the legal professional privilege cannot be waived by transmitting protected information to a third party

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Question # 22

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?

A.

License suspension

B.

Debarment

C.

License revocation

D.

Disenfranchisement

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Question # 23

Regarding the litigation privilege in common law jurisdictions, which of the following is the MOST ACCURATE statement?

A.

The litigation privilege prevents disclosure of documents prepared in anticipation of litigation.

B.

The litigation privilege does not protect communications made by third-party agents, such as consultants.

C.

The litigation privilege prevents disclosure of documents entered as evidence during the course of litigation.

D.

The litigation privilege protects all communications related to a case, regardless of when they occurred.

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Question # 24

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

A.

True

B.

False

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Question # 25

Which of the following statements concerning money services businesses MSBs is MOST ACCURATE?

A.

A depository investment bank is classified as an MSB.

B.

A currency exchange is classified as an MSB.

C.

MSBs are generally at a lower risk of money laundering than consumer banks.

D.

MSBs generally have stricter regulations than other financial institutions.

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Question # 26

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?

A.

Declaratory relief

B.

Carnages

C.

Equitable relief

D.

Injunction

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Question # 27

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

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

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Question # 28

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

A.

True

B.

False

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Question # 29

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?

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

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Question # 30

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

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

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Question # 31

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?

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?

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Question # 32

In most civil law jurisdictions which of the following BEST describes when a party is required to begin taking steps to preserve and produce relevant evidence?

A.

When the court orders such steps to be taken

B.

When litigation has started

C.

When the party receives a service of process

D.

When the charging documents are filed

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Question # 33

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?

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

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Question # 34

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

A.

One of the conspirators knowingly committed an oven act in furtherance of the conspiracy

B.

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

C.

The defendant knew all the details or objectives of the conspiracy

D.

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

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Question # 35

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

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

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Question # 36

Jay files for bankruptcy in order to settle all of his debts. During the bankruptcy proceeding, the court sells off his property and uses the proceeds to pay Jay's creditors, thereby discharging all of Jay's dischargeable debts. This type of bankruptcy proceeding can BEST be described as:

A.

Debt adjustment bankruptcy

B.

Liquidation bankruptcy

C.

Reorganization bankruptcy

D.

Debt dismissal bankruptcy

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Question # 37

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

A.

judge

B.

A jury

C.

A panel comprised of laypersons

D.

A panel of court-appointed attorneys

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Question # 38

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

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.

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Question # 39

__________ 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.

A.

Fidelity

B.

Inherent risk

C.

Opportunity

D.

Residual risk

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Question # 40

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?

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

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Question # 41

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

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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Question # 42

Alicia has been charged with tax evasion. As a defense, Alicia claims that she made an honest mistake due to the complexity of the tax law and did not intentionally violate the jurisdiction's tax laws. If the court finds that her mistake was made in good faith, then she will most likely NOT be found to have willfully engaged in fraudulent actions to avoid reporting or paying her taxes.

A.

True

B.

False

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Question # 43

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

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

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Question # 44

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:

A.

License revocation

B.

Disenfranchisement

C.

Debarment

D.

License suspension

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Question # 45

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

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

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Question # 46

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?

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

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Question # 47

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?

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

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Question # 48

Clara is a fraud examiner investigating a potentially fraudulent misrepresentation made in the sale of a security. Which of the following questions should Clara ask to determine if the misrepresentation was material?

A.

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

B.

"Is the person who made the misrepresentation registered as a broker-dealer?"

C.

"Were potential investors promised guaranteed returns in the misrepresentation?"

D.

"Did the person who made the representation have authorization to make the statements that are in dispute?"

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Question # 49

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)?

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.

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Question # 50

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?

A.

Mobile payment scheme

B.

Integration scheme

C.

Reverse deposit scheme

D.

Structuring scheme

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Question # 51

During a bankruptcy bustout scheme, or planned bankruptcy, the debtor committing the fraud typically performs which of the following actions?

A.

Colludes with creditors and the trustee to pay some creditors but not ethers

B.

Bribes a trustee to overlook assets in the debtor's possession

C.

Conspires with suppliers to produce fraudulent invoices

D.

Purchases large quantities of goods on credit

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