CFE-Law Certified Fraud Examiner (CFE) - Law Questions and Answers
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?
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?
Jackson believes he has a legal cause of action against Alice, who lives in a foreign country. The fact that Jackson is the plaintiff allows him to bring the lawsuit against Alice in any court in the country where he lives.
Which of the following statements about the different types of alternative dispute resolutions is CORRECT?
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
Which of the following is MOST LIKELY to affect the rights that an employee may have during an internal investigation?
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?
Which of the following is a legal element that must be shown to prove a claim for commercial bribery?
If Mary uses legal means to lower her tax bill through legitimate deductions and credits, then she is engaging in tax evasion.
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?
Mary and Keith live in different countries. Mary believes she has a legal cause of action against Keith. Because Keith is the defendant, he may file the lawsuit in any court, in either of the countries where he or Mary lives.
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?
Which of the following is NOT a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts?
Which of the following statements concerning civil trials in civil law jurisdictions is most accurate?
The Financial Action Task Force (FATF) Recommendations advise countries to do all of the following EXCEPT:
Which of the following scenarios MOST ACCURATELY represents a suitability violation in a jurisdiction that imposes a suitability requirement on broker-dealers?
Which of the following is generally NOT one of the goals of deferred prosecution agreements?
Which of the following is the MOST ACCURATE statement about serf-regulatory organizations (SROs) in the securities industry?
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?
Each of the following statements concerning cross-examination of witnesses in adversarial jurisdictions is accurate EXCEPT:
Which of the following statements about the appeals process in cranial cases is MOST ACCURATE?
Kamala is conducting a fraud examination in a country where courts apply laws from codified statutes to each case. When deciding legal issues, the courts are not bound by similar court decisions from previous cases. The country where Kamala is working MOST LIKELY has a __________ judicial system.
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?
Which of the following statements concerning civil trials in common law jurisdictions is MOST ACCURATE?
Which of the following statements is MOST ACCURATE concerning how criminal bargaining agreements are typically handled in jurisdictions where such agreements are allowed?
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.
Aliyah is an employee at Chatham, a publicly traded corporation, and she owns shares of Chatham ' s stock. Aliyah learns that Chatham is going to publicly announce low earnings, so she sells her shares of Chatham ' s stock. If her conduct is illegal in the jurisdiction where she works and resides, then what type of crime did Aliyah MOST LIKELY commit?
While performing due diligence on a potential vendor, a company finds the vendor’s name on a government list. The list states that the vendor is prohibited from bidding on government contracts for three years. Which type of administrative penalty was imposed against the vendor?
Regarding the litigation privilege in common law jurisdictions, which of the following is the MOST ACCURATE statement?
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?
All of the following are methods of pretrial civil discovery commonly found in common law jurisdictions EXCEPT:
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?
Wilson, a Certified Fraud Examiner and Garcia both work for ABC Corp., a private company that operates in a jurisdiction with civil laws against privacy violations, defamation, and similar offenses. ABC’s president tells Wilson to investigate and search Garcia’s private tablet even though Garcia is not suspected of any wrongdoing. Assuming Wilson conducted the search without legitimate interest or authority and Garcia had a reasonable expectation of privacy, under which of the following claims would Garcia MOST LIKELY be able to recover damages from Wilson and ABC?
According to the Organisation for Economic Co-operation and Development’s OECD Recommendation on Combating Bribery in International Business, member states are encouraged to combat the bribery of foreign public officials by improving which of the following primary areas within their respective infrastructures?
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?
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:
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?
__________ 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.
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?
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)?
Which of the following is true regarding the authentication of evidence in most common law systems?
Lana is a Certified Fraud Examiner (CFE) who works for Penn National, a private company. Lana suspects that Payne, an employee for Penn National, has stolen numerous products from the company. Lana plans to conduct an internal investigation into the missing products. Based on these facts, which of the following is the most accurate statement?
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?
Before Monique’s criminal trial for embezzlement, she contacts witnesses against her and offers to pay them if they change their stories regarding the embezzlement. Monique’s actions would MOST LIKELY cause the government to bring additional charges against her for:
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?
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 business files for bankruptcy with the goal of obtaining relief from creditors so that it can rearrange its financial affairs and continue as a going concern. Which of the following describes this type of bankruptcy proceeding?
One of the purposes of securities regulation is to promote an active and competitive market.
Which of the following statements about the International Organization of Securities Commissions (IOSCO) is TRUE?
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?
Which of the following is a legal element that the government must show to prove a conspiracy claim?
Which of the following statements about civil actions in most jurisdictions is correct?
Which of the following statements concerning judgments involving parties that are in multiple jurisdictions is most accurate?
Which of the following is the MOST ACCURATE statement about rules prohibiting securities broker-dealers from making unsuitable recommendations on investments or investment strategies?
Suri is conducting a fraud examination in a country where courts apply laws from codified statutes to each case and their decisions are not bound by similar court decisions from previous cases. This type of judicial system is best known as a:
In common law jurisdictions, which of the following scenarios would MOST LIKELY result in sanctions for an organization for failing to preserve evidence?
Slater has been appointed as a bankruptcy administrator. According to the recommendations of the World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes (World Bank Principles), which of the following statements concerning Slater ' s role as bankruptcy administrator is MOST ACCURATE?
Which of the following is the MOST ACCURATE statement about the litigation privilege in common law jurisdictions?
Which of the following statements regarding the qualifications of expert witnesses in most adversarial jurisdictions is correct?
Evidence that tends to make some tact at issue more or less likely than it would be without the evidence is called:
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: