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CFE-Law Certified Fraud Examiner (CFE) - Law Question and Answers

Question # 4

Mya has been retained as an expert witness to provide testimony for a trial. Which of the following statements describes the primary purpose of Mya ' s testimony?

A.

Mya will assist the fact finder by drawing conclusions regarding the accused ' s guilt or innocence.

B.

Mya will assist the fact finder by providing specialized knowledge on the admissibility of evidence in the case.

C.

Mya will assist the fact finder by drawing conclusions on the credibility of other witnesses.

D.

Mya will assist the fact finder by providing specialized knowledge that will help them understand evidence.

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Question # 5

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 # 6

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

A.

The length of the employee ' s tenure at the organization

B.

Whether the employee has signed a noncompetition agreement

C.

Whether the employee has signed a union contract

D.

The likelihood of the employee ' s guilt or innocence

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Question # 7

Luisa is charged with violating a criminal law that prohibits making false statements to government agencies. Which of the following is NOT one of the elements the government must prove?

A.

The false statement was material.

B.

The government relied on the false statement.

C.

The defendant knew the statement was false.

D.

The defendant made a false statement.

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Question # 8

Which of the following is true regarding the authentication of evidence in most common law systems?

A.

The purpose of authentication is to show that the evidence is what the party claims it is.

B.

Digital records cannot be authenticated through a written certification by the custodian of records.

C.

For evidence to be authenticated, it must be reviewed and voted on by a jury.

D.

A party can introduce authenticated exhibits as evidence at trial even if the items are not relevant.

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Question # 9

Which of the following situations would constitute a violation of the US Foreign Corrupt Practices Act (FCPA)

A.

A private U.S company pays a S2.000 foreign corporation fee that is required in order to do business within the country

B.

A private UK company transfers $25,000 to a Chilean public official to influence the award of lucrative overseas contracts.

C.

A private U S company transfers $45,000 to a foreign official to influence the award of a public construction contract.

D.

A private U.S company transfers $100,000 to the sole proprietor of a Brazilian company to influence the award of a commercial imports contract.

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Question # 10

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 # 11

Which of the following is TRUE in regard to authenticating evidence in most common law systems?

A.

Digital records cannot be authenticated by testimony from a witness with personal knowledge

B.

For evidence to be authenticated it must be reviewed and voted on by a jury

C.

Exhibits that cannot be authenticated will not be admitted regardless of relevance

D.

The purpose of authentication is to ensure that hearsay is not admitted into evidence

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Question # 12

A custodial arrest occurs when the suspect is questioned by a law enforcement officer.

A.

True

B.

False

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Question # 13

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 # 14

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 # 15

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 # 16

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 # 17

Which of the following is an element that must be proven to establish a perjury offense?

A.

The defendant made a false statement in a court of law.

B.

The defendant made a false statement that influenced the fact finder’s decision.

C.

The defendant made a false statement to a judge.

D.

The defendant made a false statement that was material to the proceeding.

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Question # 18

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 # 19

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

A.

IOSCO is a self-regulatory organization for companies that have securities traded on international securities markets

B.

IOSCO provides a forum for regular cooperation on banking supervisory matters affecting developing nations

C.

IOSCO is an oversight body responsible for issuing and enforcing regulations that govern all international securities markets

D.

IOSCO is recognized as the international standard-setter for securities markets

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Question # 20

Which of the following is the most accurate statement about the litigation privilege in common law jurisdictions?

A.

The litigation privilege only protects documents and materials prepared in anticipation of litigation.

B.

The litigation privilege only protects documents and materials prepared after litigation commences.

C.

The litigation privilege does not protect documents and materials prepared by third-party agents, such as fraud examiners.

D.

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

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Question # 21

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 # 22

The MAIN PURPOSE for maintaining the chain of custody on an item of evidence is to

A.

Establish that the evidence has not been altered or changed from the time it was collected through its production in court

B.

Verify that the item of evidence has only been handled by court officials prior to its production m court.

C.

event opposing parties from accessing evidence without a court order

D.

Eliminate re need to authenticate the item of evidence in court

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Question # 23

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 # 24

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 # 25

Paul is convicted of embezzlement. However, his sentence is suspended in return for his promise of good behavior. Which of the following BEST describes Paul’s sentence?

A.

Deferred prosecution agreement

B.

Indeterminate sentence

C.

Determinate sentence

D.

Probation

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Question # 26

Which of the following statements regarding civil lawsuits in most jurisdictions is CORRECT?

A.

The plaintiffs initial filing does not typically need to contain a summary of the evidence

B.

Civil lawsuits begin with the filing of a pleading, usually in the jurisdiction in which the defendant resides or where the claim arose

C.

The plaintiff’s initial filing with the court does not typically need to include the specific facts on which the claim relies.

D.

All of the above are correct

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Question # 27

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 # 28

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.

A.

True

B.

False

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Question # 29

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 # 30

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?

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

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Question # 31

Cindi, a U.S. resident, is conducting an advance-fee fraud scheme. As part of the scheme, Cindi uses the U.S. mail system to send advertisements to potential victims in China. If the U.S. government prosecutes Cindi, which of the following would most likely be the basis for the charges?

A.

Wire fraud

B.

Mail fraud

C.

Communications fraud

D.

Interstate fraud

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Question # 32

Which of the following statements about civil actions in most jurisdictions is CORRECT?

A.

The plaintiff ' s complaint must typically contain a copy of all documents that might be relevant to the case.

B.

Civil actions begin with the filing of a pleading, usually in the jurisdiction where the defendant resides or where the claim originated.

C.

The plaintiff ' s complaint does not need to state the grounds for legal relief.

D.

All of the above are correct.

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Question # 33

Management at XYZ Org suspects that Raul, an employee in charge of selecting venues for company events, has a conflict of interest. For XYZ Org ' s conflict-of-interest claim to be actionable, which of the following scenarios must be true?

A.

Raul must have informed the organization that he had a personal or economic connection to one or more of the venues.

B.

Raul must have failed to disclose that he had a personal or economic interest in a matter that could influence his professional role.

C.

Raul must have breached the duty of fidelity that he owed to XYZ Org.

D.

Raul must have received a direct financial benefit due to the alleged conflict.

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Question # 34

Nancy is testifying as an expert witness during cross-examination. The questioning party asks Nancy whether she agrees with questions involving basic facts of the case to which both parties have already agreed. Nancy says she agrees with all the questions. Which of the following best describes the questioning party’s method?

A.

Myopic vision

B.

Sounding board

C.

Contradiction

D.

Bias

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Question # 35

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 # 36

Each day, Rachel purchases $14 500 in bearer instruments with cash from a bank where all currency transactions above 515,000 must be reported to the government Rachets actions are a red flag of which of the following schemes ' ?

A.

Channel stuffing

B.

Alternative remittance system

C.

Structuring

D.

Real estate laundering

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Question # 37

Under the ________, people in fiduciary relationships must act with the same skill and attention that is normally exercised by ordinarily prudent persons who are in similar positions.

A.

Duty of loyalty

B.

Duty of care

C.

Duty of responsibility

D.

Duty of employee trust

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Question # 38

Davis is an employee at Waccamaw Homeplace a publicly traded corporation Davis knows that Waccamaw is about to publicly announce a new joint venture project in China, so he buys shares of Waccamaw stock Assuming that his conduct was illegal m the jurisdiction in which he works and resides, what type of crime did Davis MOST LIKELY commit?

A.

Churning

B.

Futures fraud

C.

Insider trading

D.

Trading on margin

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Question # 39

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

A.

Privilege insurance

B.

Customer liability policy

C.

Fidelity insurance

D.

Deposition

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Question # 40

The same customer goes into a bank each day and purchases bearer instruments with cash in amounts just under the mandatory reporting requirements in the jurisdiction. The bank employees suspect that the customer is attempting to violate the jurisdiction’s money laundering regulations. If the jurisdiction’s anti-money laundering AML regulations follow the Financial Action Task Force FATF Recommendations, then the bank:

A.

May not file a report of suspicious transactions related to potential criminal activity with the appropriate authorities

B.

Is required to file a cash transaction report for possible criminal activity with the appropriate authorities because the purchases involved cash

C.

Is required to file a report of suspicious transactions with the appropriate authorities because the employees suspect money laundering violations

D.

May, but is not required to, file a report of suspicious transactions related to possible money laundering with the appropriate authorities

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Question # 41

Leslie, a business owner, submits tax information regarding her company ' s finances to her country ' s taxing authority. The taxing authority allows companies to subtract the cost of production from their gross sales to determine the taxable income. To reduce her tax liability, Leslie inflates the costs of production on her tax forms. Which of the following schemes has Leslie MOST LIKELY committed?

A.

A value-added tax evasion scheme

B.

A falsified tax deduction scheme

C.

A sales tax scheme

D.

A tax credit evasion scheme

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Question # 42

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?

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

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Question # 43

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 # 44

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 # 45

Smith, a Certified Fraud Examiner (CFE). works for the ABC Company, a private entity that operates w\ a jurisdiction with civil laws for defamation, invasion of privacy. and conflict of interest Smith seizes and searches the personal smartphone of Green an employee of ABC even though Green was not suspected of any wrongdong Assuming that Green had a reasonable expectation of privacy in the smartphone and Smith conducted the search without a legitmate interest or authority, under which of the following claims would Green MOST LIKELY be able to recover damages against Smith?

A.

Slander

B.

Intrusion into Green ' s private matters

C.

Public disclosure of private facts

D.

Conflict of interest

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Question # 46

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 # 47

Which of the following would be circumstantial evidence that a cashier at a retail store committed a cash larceny scheme that resulted in the theft of $900 from the store?

A.

A witness testifies that they saw the cashier take money out of a cash register on the day that the theft occurred.

B.

A diagram is used to display the location of the retail store’s cash registers.

C.

A witness testifies that the cashier made a $900 deposit to their personal bank account the day after the theft occurred.

D.

A coworker explains the ethics policy that the retail store’s employees must follow.

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Question # 48

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

A.

Civil jury trials must have the same number of jurors as in criminal jury trials.

B.

Neither side may appeal an adverse judgment in a civil case

C.

Jury verdicts m civil trials must always be unanimous

D.

in most civil cases, the standard of proof is the preponderance of the evidence

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Question # 49

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?

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

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Question # 50

Which of the following statements is MOST ACCURATE concerning how criminal bargaining agreements are typically handled in jurisdictions where such agreements are allowed?

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.

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Question # 51

Bob owns a struggling business called Luxury Rentals that has ten luxury vehicles. A week before Luxury Rentals files for bankruptcy, Bob transfers ownership of one of the vehicles to his wife. Which type of fraud scheme has Bob most likely committed?

A.

A fraudulent conveyance

B.

A fraudulent bankruptcy

C.

A concealed transfer

D.

A planned bustout

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Question # 52

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 # 53

Lorna is an employee at Victorian Inc., 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. Management suspects that Lorna is misappropriating funds from the company, so it instructs Charlie, an investigator employed by Victorian, to search Lorna’s company-issued laptop. Charlie finds incriminating evidence on Lorna’s laptop and gives it to law enforcement. However, by failing to obtain a search warrant before conducting his search, Charlie violated Lorna’s rights.

A.

True

B.

False

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Question # 54

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 # 55

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

A.

The defendant knew all the details or objectives of the conspiracy.

B.

The defendant knew the purpose of the conspiracy and intentionally joined it.

C.

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

D.

The defendant knew the purpose of the conspiracy and accomplished it.

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Question # 56

Which of the following is NOT one of the elements that the government must prove to establish a violation of a law criminalizing false statements to government agencies?

A.

The government relied on the false statement

B.

The defendant knew the statement was false

C.

The defendant made a false statement

D.

The false statement was material

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Question # 57

Which of the following statements concerning examinations of expert witnesses in most inquisitorial jurisdictions is accurate?

A.

Both the parties and the judge may determine how much consideration should be given to an expert ' s testimony.

B.

Both the parties and the judge may question an expert ' s credibility.

C.

Only the parties are allowed to make objections regarding an expert ' s biases.

D.

Only the judge is allowed to question the expert ' s analysis and the methods that they used in their determinations.

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Question # 58

Claude stole a large amount of cash from his employer and then deposited the funds into a domestic bank account Next, he wired the illicit funds to a foreign bank account and engaged m several other transactions using foreign accounts to make them difficult to trace Finally, he transferred the funds back to a domestic account and then spent the money. Which of the following actions was the layering stage of Claude ' s money laundering scheme?

A.

When he first deposited the funds into a domestic account

B.

When he first stole the cash from his employer

C.

When he moved the funds through several transactions using foreign accounts

D.

When he spent the money

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Question # 59

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.

A written contract with the attorney requiring confidentiality

D.

Intent to keep the communications confidential

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Question # 60

Under the best practices listed in the Financial Action Task Force (FATF) Recommendations concerning large cash transactions with customers which of the following transactions would require a report to be Wed with the government?

A.

A domestic credit card purchase of a piece of jewelry above the jurisdiction ' s designated threshold

B.

A cash payment to a restaurant supplier for restaurant supplies above the jurisdiction ' s designated threshold

C.

An international purchase of a small boat with a lump-sum cash payment below the jurisdiction ' s designated threshold

D.

A lump-sum cash deposit to a bank above the jurisdiction ' s designated threshold

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Question # 61

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:

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.

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Question # 62

Which of the following is the MOST ACCURATE statement about rules prohibiting securities broker-dealers from making unsuitable recommendations on investments or investment strategies?

A.

A suitability violation occurs when a broker does not carry out a trade requested by or promised to a customer

B.

A suitability violation occurs when a broker recommends an investment or investment strategy that is inconsistent with the client ' s objectives

C.

A suitability violation occurs when a broker trades in a client ' s account without obtaining prior approval for making the transaction(s).

D.

A suitability violation occurs when a broker enters into transactions and manages a client ' s account for the purpose of generating excessive commissions

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Question # 63

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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