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ACFE CFE-Law Certified Fraud Examiner (CFE) - Law Exam Practice Test

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Total 158 questions

Certified Fraud Examiner (CFE) - Law Questions and Answers

Question 1

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)?

Options:

A.

The creditor with the largest claim against Acme is entrusted as the insolvency supervisor.

B.

Exclusive control of the proceeding is entrusted to an independent insolvency representative.

C.

Acme's management and its creditors oversee governance responsibilities.

D.

Supervision of Acme's management is undertaken by the company's internal audit function.

Question 2

Which of the following is NOT a right of the accused under the United Nations' (UN) International Covenant on Civil and Political Rights (ICCPR)?

Options:

A.

Right of the accused to be informed of criminal charges

B.

Right to be presumed innocent until proven guilty

C.

Right to a trial by jury

D.

Freedom from arbitrary arrests

Question 3

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?

Options:

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.

Question 4

The MOST COMMON bankruptcy fraud scheme is:

Options:

A.

Forged filing

B.

A planned bustcut

C.

A credit card bustout

D.

Concealment of assets

Question 5

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)?

Options:

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

Question 6

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:

Options:

A.

License revocation

B.

Disenfranchisement

C.

Debarment

D.

License suspension

Question 7

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?

Options:

A.

Preservation order

B.

Declaratory relief

C.

Prejudgment attachment

D.

Litigation hold

Question 8

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

Options:

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.

Question 9

Which of the following is the MOST ACCURATE statement about the different types of alternative dispute resolution'?

Options:

A.

The agreements reached in mediations are generally nonbinding.

B.

In a mediation session, the mediator decides who should win the dispute at issue

C.

The decisions reached in all arbitrations are always binding

D.

In an arbitration proceeding the arbitrator acts as a judge or jury by deciding the dispute at issue on its merits

Question 10

Which of the following statements concerning the appointment of expert witnesses at that is accurate?

Options:

A.

Generally, the court appoints the primary expert witnesses in inquisitorial jurisdictions.

B.

Generally, only the parties may select expert witnesses in inquisitional jurisdictions.

C.

Generally the court selects the primary expert witnesses in adversarial jurisdictions.

D.

Generally, only the parties may select experts to introduce testimony in adversarial jurisdictions

Question 11

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

Options:

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.

Question 12

In most civil law systems, the burden of proof for the government to convict a defendant in a criminal case is beyond a reasonable doubt.

Options:

A.

True

B.

False

Question 13

The concealment of assets occurs most commonly in which of the following types of fraud schemes?

Options:

A.

Bankruptcy fraud

B.

Fictitious revenues

C.

Payroll fraud

D.

Income smoothing

Question 14

A company files a civil lawsuit against one of its directors for insider trading. At the end of the trial, a court orders the director to refrain from purchasing or obtaining the stock of a particular corporation. Which of the following BEST describes this type of remedy?

Options:

A.

Punitive damages

B.

Declaratory relief

C.

Injunction

D.

Monetary relief

Question 15

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?

Options:

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

Question 16

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.

Options:

A.

True

B.

False

Question 17

Which of the following is a requirement of the European Union's (EU) General Data Protection Regulation (GDPR)?

Options:

A.

An organization must obtain a data subject's consent before collecting or processing personal data about that individual.

B.

An organization must refrain from confirming or denying whether it is in possession of a data subject's personal data even if the data subject requests this information.

C.

An organization must provide a data subject's personal data upon that individual's request for a reasonable fee.

D.

An organization must notify all affected data subjects within six months when a data breach occurs that is likely to result in a high risk to their rights and freedoms.

Question 18

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?

Options:

A.

Reorganization bankruptcy

B.

Debt adjustment bankruptcy

C.

Debt dismissal bankruptcy

D.

Liquidation bankruptcy

Question 19

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?

Options:

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.

Question 20

Tatiana is the chief executive officer (CEO) of Mattress World Warehouse, a retail mattress store that has been struggling financially A week before Mattress World Warehouse files for bankruptcy Tatiana sets ten mattresses to her husband at 80% below market value Which type of fraud scheme has Tatiana MOST LIKELY committed?

Options:

A.

A fraudulent bankruptcy

B.

A fraudulent conveyance

C.

A planned bustout

D.

A concealed transfer

Question 21

The Financial Action Task Force (FATF) Recommendations slate that a financial institution s customer due diligence (COD) procedures should include continued monitoring of a customer's business relationships and transactions.

Options:

A.

True

B.

False

Question 22

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

Options:

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.

Question 23

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:

Options:

A.

Reverse action

B.

Parallel proceeding

C.

Counterclaim

D.

Cross-claim

Question 24

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

Options:

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.

Question 25

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

Options:

A.

Privilege insurance

B.

Customer liability policy

C.

Fidelity insurance

D.

Deposition

Question 26

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

Options:

A.

True

B.

False

Question 27

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?

Options:

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.

Question 28

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?

Options:

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

Question 29

Ethan a U S resident, is running a Ponzi scheme As part of the scheme, he uses the U S mail system to send promotional materials to potential victims in France If the US government decides to prosecute Ethan, which of the following would provide the MOST LIKELY basis for the charges?

Options:

A.

Mail fraud

B.

Wire fraud

C.

Insider trading fraud

D.

Communications fraud

Question 30

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

Options:

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.

Question 31

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?

Options:

A.

Overstate revenues

B.

Structured deposits

C.

Trade-based laundering

D.

None of re above

Question 32

Ramona is investigating Eugene for misconduct Ramona and Eugene both work for Elek-Tek, which operates in a jurisdiction with evil laws for defamation, invasion of privacy and conflict of interest During the investigation Ramona obtained ^formation that Eugene is cheating on his spouse Ramona to a large group of Elek-Tek employees that Eugene was committing adultery, which turned out to be true Which cause of action would give Eugene the BEST chance for success m a civil suit against Ramona?

Options:

A.

Conflict of interest

B.

Defamation

C.

Public disclosure of private facts

D.

Slander

Question 33

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?

Options:

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?

Question 34

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?

Options:

A.

Integration

B.

Placement

C.

Implementation

D.

Layering

Question 35

The Financial Action Task Force (FATF) Recommendations advise countries to do all of the following EXCEPT:

Options:

A.

Use a risk-based approach when setting anti-money laundering policies

B.

Require financial institutions to keep certain records and establish anti-money laundering policies.

C.

Require financial institutions to monitor their customers' political affiliations.

D.

Enable authorities to trace freeze, and confiscate assets suspected in money laundering and terrorist financing

Question 36

In systems using adversarial processes, an attorney may impeach an opposing party's witness by showing that the witness:

Options:

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

Question 37

Which of the following is NOT a requirement of the European Union's (EU) General Data Protection Regulation (GDPR)?

Options:

A.

An organization must delete a data subject's personal data automatically when the data are no longer m use.

B.

An organization must have a documented lawful basis for collecting or processing personal data.

C.

An organization generally must notify all affected data subjects without undue delay when a high-risk data breach occurs

D.

An organization must confirm or deny that it possesses a data subject's personal data upon that individual's request

Question 38

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

Options:

A.

True

B.

False

Question 39

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?

Options:

A.

Churning

B.

Futures fraud

C.

Insider trading

D.

Trading on margin

Question 40

Which of the following is the MOST ACCURATE statement about the litigation privilege in common law jurisdictions?

Options:

A.

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

B.

The litigation privilege only protects documents and materials prepared by an attorney

C.

The litigation privilege applies only while a trial is underway

D.

The litigation privilege applies only to documents and materials prepared in anticipation of litigation

Question 41

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?

Options:

A.

Slater may investigate all contracts the debtor entered into, but he does not have the power to cancel them without the debtor's permission.

B.

Slater may request relevant information from the debtor's agents or others with knowledge of the debtor's affairs, but he cannot force them to provide it.

C.

Slater may collect, preserve, and dispose of the debtor's property.

D.

Slater may not interfere with contracts signed by the debtor.

Question 42

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?

Options:

A.

Slander

B.

Intrusion into Green's private matters

C.

Public disclosure of private facts

D.

Conflict of interest

Question 43

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

Options:

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.

Question 44

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

Options:

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.

Question 45

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

Options:

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.

Question 46

Which of the following is one of the three basic options by which organizations can legitimize cross-border transfers of personal information?

Options:

A.

Use a third-party transferring service

B.

Obtain approval from a Certified Information Privacy Professional (C PP)

C.

Establish a contract between the entities exchanging the information

D.

Obtain a warrant granting permission to transfer the data

Question 47

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

Options:

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

Page: 1 / 16
Total 158 questions