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ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions:

1. 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 conspirators accomplished the purpose of the conspiracy that was initially established.
C) The defendant intentionally or unintentionally joined and participated in the illegal scheme.
D) The defendant entered into an agreement to commit an illegal act with at least one other person.

2. If the following statements were included in a fraud examination report of a qualified expert, which of them would be IMPROPER?

A) " The organization must address the inadequate separation of accounting duties to prevent such an event from happening again. "
B) " The evidence shows that between S1 million and S1.5 million in assets were transferred to an offshore account. "
C) " In light of all the evidence, the suspect is most likely guilty of fraud against the organization. "
D) " When asked a second time about the amount of funds missing, the suspect contradicted their previous testimony. "

3. Which of the following is the most accurate statement about the UK Bribery Act?

A) Like the FCPA, the UK Bribery Act contains an explicit exception for facilitating payments.
B) If an organization ' s anti-corruption program complies with the FCPA, then it will also comply with the UK Bribery Act.
C) Unlike the FCPA, the UK Bribery Act makes it a crime to bribe a foreign public official in connection with international business transactions.
D) The UK Bribery Act has a broader application than the FCPA because it makes commercial bribery a crime.

4. 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?

A) Public disclosure of private facts
B) Property damage
C) Intrusion into an individual's private matters
D) Defamation

5. Tariq is investigating Janine, an employee suspected of stealing funds. Tariq needs access to Janine's account records from her bank. Which of the following statements is MOST ACCURATE?

A) Tariq must obtain Janine's oral consent before her bank will agree to release her account records to him.
B) Tariq will be able to obtain Janine's records from the bank without consent or a legal order because banks are obligated to provide records if criminal activity is suspected.
C) Janine has to be physically present at her bank when Tariq requests access to her account records for the bank to agree to give them to a third party.
D) Tariq might need to take legal action to obtain Janine's bank records if she is unwilling to provide him with written consent.

Solutions: