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CFE-Law Questions and Answers

Question # 6

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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Question # 7

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

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.

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Question # 8

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 # 9

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

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

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Question # 10

Which of the following statements is TRUE regarding criminal proceedings and discovery in adversarial jurisdictions?

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.

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Question # 11

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 # 12

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?

A.

Integration

B.

Placement

C.

Implementation

D.

Layering

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Question # 13

Under the Financial Action Task Force (FATF) Recommendations, a financial institution's customer due diligence (CDD) procedures involve a single check on the customer's business relationships and transactions.

A.

True

B.

False

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Question # 14

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 # 15

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 # 16

The________________requires that an employee act solely in the best interest of their employer, free of any serf-dealing, conflicts of interest, or other abuse that results in a personal advantage

A.

Duty of care

B.

Duty of responsibility

C.

Duty of employee trust

D.

Duty of loyalty

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Question # 17

Allison works for a government contractor She informs the government that her employer has been submitting false claims to the government for payment Later it is discovered that Allison has misappropriated more than $50,000 of her employer's money Alison qualifies as a whistleblower entitled to anti-retaliation protection under the law because of her report to the government Which of the following statements about Allison is CORRECT?

A.

Allison cannot be fired for misappropriating funds from her employer

B.

Allison cannot be fired for any reason

C.

Alison cannot be fired for informing the government of her employee’s fraud

D.

None of the above

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Question # 18

Management at ABC Org. suspects that Marcia, an employee in charge of negotiating vendor contracts, has a conflict of interest. For ABC Org.'s conflict-of-interest claim to be actionable, which of the following scenarios must be TRUE?

A.

The alleged conflict must have resulted in a direct personal benefit for Marcia.

B.

Marcia must have failed to disclose that she had a personal or economic interest in a matter that could influence her professional role.

C.

Marcia must have informed the organization that she had a connection to one or more of the vendors with whom she was negotiating.

D.

The alleged conflict must have resulted in a financial loss for the organization.

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Question # 19

Samson Inc. operates 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 areas or items can an employee at Samson Inc. MOST LIKELY have a reasonable expectation of privacy during a workplace search?

A.

A laptop computer that was issued by Samson Inc.

B.

A desk drawer in a communal workspace.

C.

A recycling bin in the employee's office.

D.

A personal mobile phone brought to the office from home.

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Question # 20

Before her criminal trial for embezzlement Monique contacts witnesses against her and offers to pay them if they change their stories Based on her actions the government would MOST LIKELY bring additional charges against Monique for:

A.

Obstruction of justice

B.

Fraudulent misrepresentation

C.

Conspiracy to influence the court

D.

Judicial extortion

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Question # 21

Which of the following statements concerning alternative remittance systems is INCORRECT?

A.

The systems are not necessarily illegal.

B.

Funds are sent and received without the use of traditional financial institutions.

C.

The systems are characterized by a lack of physical or digital transfer of currency between payers and payees.

D.

The ledgers used typically contain information regarding payers and payees, such as names and account numbers.

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Question # 22

Which of the following is a red flag that might be indicative of an entity operating a security business without the proper license or registration?

A.

There are justified gaps in the work history of promoters at the entity.

B.

The entity is known to have a history of regulatory problems.

C.

There is a lack of customer complaints against the entity.

D.

The entity's website contains detailed background information.

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Question # 23

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?

A.

Preservation order

B.

Declaratory relief

C.

Prejudgment attachment

D.

Litigation hold

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Question # 24

Which of the following scenarios MOST ACCURATELY represents a suitability violation in a jurisdiction that imposes a suitability requirement on broker-dealers?

A.

A broker-dealer is unfamiliar with their client's risk appetite, so they refuse to make any investments on the client's behalf without additional information.

B.

A broker-dealer learns about a promising investment and recommends it to their new client without knowing the client's relevant personal and financial information.

C.

A broker-dealer makes an extremely conservative recommendation to a client that aligns with their risk profile and financial information.

D.

A broker-dealer makes an investment for a client without first obtaining the client's approval to make that specific transaction on their behalf.

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Question # 25

All of the following are methods of pretrial civil discovery commonly found in common law jurisdictions EXCEPT:

A.

Affidavits of documents or records

B.

Written examinations

C.

Injunctions

D.

Oral examinations

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Question # 26

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?

A.

Determinate sentence

B.

Probation

C.

indeterminate sentence

D.

Deferred prosecution agreement

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Question # 27

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

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

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Question # 28

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 # 29

A prosecutor died 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 evil 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 evil 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 # 30

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 # 31

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?

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

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Question # 32

Which of the following statements concerning money services businesses (MSBs) is INCORRECT?

A.

MSBs tend to have a tower money laundering risk than other financial institutions.

B.

MSBs are generally less strictly regulated than traditional financial institutions.

C.

A check cashing company is classified as an MSB.

D.

A currency exchange is classified as an MSB.

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Question # 33

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 # 34

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

A.

IOSCO's primary goal is to establish a separate set of securities regulations for securities exchanges in developing nations.

B.

IOSCO is comprised of commissioners and administrators responsible for regulating securities and administering securities laws in their countries.

C.

IOSCO is an international industry association that sets global accounting and financial reporting standards.

D.

IOSCO is responsible for enforcing regulatory standards that govern all international securities markets.

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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?

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.

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Question # 36

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?

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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Question # 37

Which of the following statements about the different types of alternative dispute resolutions is CORRECT?

A.

In a mediation session, the mediator tries to help the parties reach a settlement.

B.

In an arbitration proceeding, the arbitrator tries to help the parties reach a settlement.

C.

In an arbitration proceeding that is nonbinding, issues are final and cannot later be determined by a court in a trial.

D.

In a mediation session, the mediator decides the outcome of a case by deciding who should win the dispute.

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Question # 38

Antonio is investigating Sam on behalf of their employer, XYZ Company. During the investigation, Antonio tells a group of their coworkers who are not involved in the investigation that he discovered Sam has a serious gambling addiction, which is true. Assuming that their jurisdiction has civil laws for all of the following causes of action, which one would give Sam the BEST chance for success if he decides to bring a civil action against Antonio?

A.

Public disclosure of private facts

B.

Negligent misrepresentation

C.

Slander

D.

Defamation

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Question # 39

In an inquisitorial judicial proceeding, which of the following parties is primarily responsible for questioning witnesses and generally has a larger role in the evidence-gathering process?

A.

The defendant's counsel

B.

The grand jury

C.

The prosecution

D.

The judge

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Question # 40

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 # 41

When perpetrating a bustout scheme, an individual or business typically performs which of the following actions?

A.

Files a bankruptcy petition under the name of an uninvolved person

B.

Obtains a business insurance policy using illicit assets

C.

Uses credit to purchase a considerable amount of goods

D.

Colludes with inventory suppliers to conceal assets

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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

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 # 44

Which of the following statements concerning the selection of expert witnesses during trial is MOST ACCURATE?

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.

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Question # 45

Which of the following is NOT a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts?

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

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Question # 46

Which of the following choices is a method of pretrial civil discovery that is often found in common law jurisdictions?

A.

Injunctions

B.

Production writs

C.

Indictments

D.

Affidavits of documents

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Question # 47

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

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.

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