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CFE-Fraud-Investigations-and-Legal-Issues Practice Questions

Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues

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Question # 31

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?

Options:

A.  

Declaratory relief

B.  

Carnages

C.  

Equitable relief

D.  

Injunction

Discussion 0
Question # 32

Which of the following is required for a contract, transaction, or scheme to qualify as an investment contract?

Options:

A.  

The investment must not have been made with expectations of making a profit.

B.  

The investment must be made in cash.

C.  

The investment is in a common enterprise.

D.  

The investment activity is managed solely by the efforts of the investor and no others.

Discussion 0
Question # 33

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

Options:

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.

Discussion 0
Question # 34

Which of the following is NOT an element that is generally required to establish a claim alleging the common law civil wrong for intentional infliction of emotional distress?

Options:

A.  

The victim ' s distress occurred for at least two years.

B.  

The victim suffered distress due to the defendant ' s conduct.

C.  

The defendant engaged in extreme and outrageous conduct.

D.  

The defendant acted intentionally or recklessly.

Discussion 0
Question # 35

Thea is conducting a fraud examination for a company and suspects one of the company ' s vendors (a one-person operation) of fraudulent billing. Thea wants to obtain a copy of the suspect individual ' s credit report and personal data from a third-party information broker. If Thea works in a jurisdiction that regulates the distribution of personal credit information, she cannot obtain the suspect ' s personal credit data under any circumstances.

Options:

A.  

True

B.  

False

Discussion 0
Question # 36

Which of the following data is the MOST DIFFICULT to recover during a digital forensic examination?

Options:

A.  

Time and date information about files

B.  

Websites visited

C.  

Files that have been overwritten

D.  

Communications sent via instant messenger

Discussion 0
Question # 37

Which of the following is a common characteristic that asset hiders look for in the financial vehicles they use to conceal their assets?

Options:

A.  

Accessibility

B.  

Transparency

C.  

Exclusivity

D.  

Traceability

Discussion 0
Question # 38

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

Options:

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

Discussion 0
Question # 39

Virgil is a Certified Fraud Examiner (CFE) who works for Q-22 Inc., a private company. Virgil suspects that Florence, a Q-22 employee, has been submitting fraudulent expense claims. Virgil plans to conduct an internal investigation into the alleged fraud. Based on these facts, which of the following statements is MOST ACCURATE?

Options:

A.  

Florence can refuse to cooperate with the investigation because she has the legal right to have an attorney present.

B.  

Florence has a duty to cooperate with the investigation even if what is requested from her is considered unreasonable.

C.  

Florence likely has a duty to cooperate with the investigation as part of the employer-employee relationship.

D.  

Florence can refuse to cooperate with the investigation because Q-22 Inc. is a private company, not a public one.

Discussion 0
Question # 40

Paul is convicted of embezzlement. However, his sentence is suspended in return for his promise of good behavior. Which of the following BEST describes Paul’s sentence?

Options:

A.  

Deferred prosecution agreement

B.  

Indeterminate sentence

C.  

Determinate sentence

D.  

Probation

Discussion 0
Question # 41

Which of the following is the MOST ACCURATE statement about trying to locate a subject using online records?

Options:

A.  

Most public records services do not maintain a list of past addresses

B.  

Obtaining a past address of the subject should be the first step in trying to locate a subject using online records

C.  

The first step in locating someone using online records is to obtain a list of past employers

D.  

Online records are generally not useful in locating subjects whose address is unknown

Discussion 0
Question # 42

Which of the following would be most useful in determining when a specific document file was created?

Options:

A.  

The document ' s metadata

B.  

Internet activity data

C.  

The system tog

D.  

Operating system partition

Discussion 0
Question # 43

Andrew wants to use a confidential informant in his investigation. He plans to compensate the informant with cash and obtain a receipt. He also plans to identify his source in a memorandum and his final report using only the informant ' s initials. Which of Andrew ' s plans is NOT considered a best practice when using an informant?

Options:

A.  

Referring to the informant in the memorandum using the informant ' s initials

B.  

Using information from the informant in his final report

C.  

Creating a receipt regarding the cash payment

D.  

Compensating the informant with cash

Discussion 0
Question # 44

Quincy, a Certified Fraud Examiner (CFE), is investigating a payroll fraud scheme. While interviewing a subject in the case, Quincy asks, “What year did you start working in the accounting department?” This can MOST ACCURATELY be described as a(n) ______ question.

Options:

A.  

Complex

B.  

Open

C.  

Leading

D.  

Closed

Discussion 0
Question # 45

Lance stole cash from his employer and then deposited the funds into a domestic bank account. Next, he wired the funds to a foreign bank account and engaged in 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 on some home improvements. In which of the following stages of money laundering did Lance engage when he spent the money on home improvements?

Options:

A.  

Implementation

B.  

Layering

C.  

Integration

D.  

Placement

Discussion 0
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