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ACFE CFE-Fraud-Investigations-and-Legal-Issues Exam Syllabus Topics:
| Section | Weight | Objectives |
|---|---|---|
| Fraud Investigations and Legal Issues | 25% | - Legal Issues
|
ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions:
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 defendant made a false statement (i, e., a misrepresentation of fact)
- B. The victim suffered damages as a result of the misrepresentation
- C. The defendant acted negligently
- D. The victim relied on the misrepresentation
Correct Answer: C 🗳️
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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 judge
- B. The prosecution
- C. The grand jury
- D. The defendant ' s counsel
Correct Answer: A 🗳️
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An attorney hires a fraud examiner to work on an embezzlement case. In connection with the case, the attorney emails the fraud examiner a copy of a memorandum that is protected by a legal professional privilege. Which of the following statements is most accurate?
- A. The attorney did not waive the privilege because the attorney hired the fraud examiner to work on the case.
- B. The attorney waived the privilege because they transmitted the protected information to a third party.
- C. The attorney did not waive the privilege because the legal professional privilege belongs to the client, not the attorney.
- D. The attorney waived the privilege because they used email to transmit the protected information.
Correct Answer: A 🗳️
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Even if a government agent obtains consent to search by force duress or bribery, the consent will still constitute a valid waiver of the consenting party ' s right to be free from searches.
- A. False
- B. true
Correct Answer: A 🗳️
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Diana is conducting a fraud investigation and wants to use an informant. The informant requests confidentiality and payment in exchange for their cooperation. If Diana agrees, which of the following options describes a best practice that she should follow?
- A. Omitting any references to the informant in the final report to ensure confidentiality.
- B. Explaining to the informant that they must be willing to sign a receipt to be paid.
- C. Referring to the informant by their full name when writing an investigation memorandum.
- D. Asking a third party to provide payment to the informant to make the paper trail less obvious.
Correct Answer: B 🗳️
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