Month End Sale - Limited Time 70% Discount Offer - Ends in 0d 00h 00m 00s - Coupon code: mxmas70

Home > ACFE > Certified Fraud Examiner > CFE-Law

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

Question # 4

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

Full Access
Question # 5

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

Full Access
Question # 6

Calvin, an attorney, sends a letter that is protected by a legal professional privilege to Katrina, one of his clients. Upon receiving the letter, Katrina emails it to her coworker who has no need to know the information contained in the letter. Which of the following statements is MOST ACCURATE?

A.

The privilege might have been waived because Katrina used email to transmit the protected information.

B.

The privilege might have been waived because Katrina transmitted the protected information to a third party who has no need to know the information.

C.

The privilege was not waived by Katrina because the legal professional privilege belongs to the attorney, not the client.

D.

The privilege was not waived because the legal professional privilege cannot be waived by transmitting protected information to a third party.

Full Access
Question # 7

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

Full Access
Question # 8

A custodial arrest occurs when a law enforcement officer informs the suspect of their rights as a criminal defendant

A.

True

B.

False

Full Access
Question # 9

According to the best practices regarding large cash transactions with customers as provided by the Financial Action Task Force (FATF) Recommendations, which of the following transactions would require a report to be filed with the government?

A.

A domestic cash deposit into a bank of a sum that is below the jurisdiction's designated threshold.

B.

A single cash purchase of restaurant supplies for a sum that is above the jurisdiction's designated threshold.

C.

A single cash purchase of casino credits for a sum that is above the jurisdiction's designated threshold.

D.

All of the above.

Full Access
Question # 10

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

Full Access
Question # 11

Company A used Company B to recover damages for the breach of a contract. In the same proceeding. Company B sought damages for an allegation that Company A fraudulently induced Company B into entering the contract. In this case, what would Company B's claim against Company A be called?

A.

Counterclaim

B.

Collateral attack

C.

Reversal

D.

Cross-claim

Full Access
Question # 12

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

Full Access
Question # 13

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

Full Access
Question # 14

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.

Full Access
Question # 15

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

Full Access
Question # 16

XYZ Company sued Faith to recover damages based on a claim of misappropriation of funds. In the same civil proceeding, Faith sued XYZ for false imprisonment that allegedly occurred during an interview. In this situation, the claim by Faith against XYZ Company can BEST be described as a:

A.

Reverse action

B.

Parallel proceeding

C.

Counterclaim

D.

Cross-claim

Full Access
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

Full Access
Question # 18

Evidence that tends to make some tact at issue more or less likely than it would be without the evidence is called:

A.

Circumstantial evidence

B.

Testamentary evidence

C.

Demonstrative evidence

D.

Relevant evidence

Full Access
Question # 19

Each of the following is a common legal defense for tax evasion EXCEPT:

A.

The taxpayer relied on an attorney or accountant.

B.

The taxpayer has filed for bankruptcy.

C.

The taxpayer has a mental illness.

D.

There is no tax deficiency.

Full Access
Question # 20

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

A.

The expert has the discretion to determine the scope of the examinations

B.

The judge is not allowed to question the expert's credibility under any circumstance

C.

The parties determine the extent of consideration to be given to the expert's testimony

D.

The parties are often allowed to question the expert's methods and analysis

Full Access
Question # 21

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.

Full Access
Question # 22

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

Full Access
Question # 23

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

Full Access
Question # 24

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.

Full Access
Question # 25

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

A.

All of the conspirators knowingly committed an overt act in furtherance of the conspiracy.

B.

The defendant entered into an agreement to commit an illegal act with at least one other person.

C.

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

D.

The defendant intentionally or unintentionally joined and participated in the illegal scheme.

Full Access
Question # 26

Which of the following is NOT required for a contract transaction or scheme to be classified as an investment contract?

A.

The expectation of making a profit

B.

Profits derived solely from the investor's management activity

C.

investment m a common enterprise

D.

An investment of money or other asset

Full Access
Question # 27

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.

Full Access
Question # 28

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

Full Access
Question # 29

Which of the following schemes involves disguising money from illegal nonbusiness sources by recording more income on a business's books than the business actually generates?

A.

Overstate revenues

B.

Structured deposits

C.

Trade-based laundering

D.

None of re above

Full Access
Question # 30

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

Full Access
Question # 31

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

Full Access
Question # 32

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

Full Access
Question # 33

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.

Full Access
Question # 34

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

Full Access
Question # 35

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

Full Access
Question # 36

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

A.

True

B.

False

Full Access
Question # 37

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

Full Access
Question # 38

IBC Manufacturing is 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. An investigator at IBC searches the desk of Denise an IBC employee and finds illegal narcotics. The investigator seizes the narcotics and turns them over to members of law enforcement. The investigator violated Denises rights by failing to obtain a search warrant before conducting the search

A.

True

B.

False

Full Access
Question # 39

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

Full Access
Question # 40

__________ 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

Full Access
Question # 41

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

Full Access
Question # 42

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

Full Access
Question # 43

Which of the following is NOT an element that must be proven to establish a penury offense?

A.

The defendant made a false statement that was material

B.

The defendant made a false statement white under oath.

C.

The defendant made the statement with knowledge of its falsity

D.

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

Full Access
Question # 44

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

Full Access
Question # 45

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.

Full Access
Question # 46

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

A.

The standard of proof in civil trials is often described as the inner conviction of the judge.

B.

The standard of proof in civil trials is lower than it is in criminal trials.

C.

Civil trials are typically a single event rather than a continual series of meetings and correspondences.

D.

Neither side may appeal an adverse judgment in a civil case.

Full Access
Question # 47

Countries A and B both follow the Financial Action Task Force (FATF) Recommendations concerning cross-border transfers of currency Trevor is traveling from Country A to Country B while carrying $16,000 in cash which exceeds Country B's reporting threshold Trevor is required to disclose the amount of currency he is carrying to authorities in Country B.

A.

True

B.

False

Full Access