[Jan 21, 2024] BraindumpsPass CFE-Law dumps & ACFE Certification sure practice dumps
ACFE CFE-Law Actual Questions and Braindumps
NEW QUESTION # 16
Greta is convicted of white-collar crime. However, her sentence is suspended in return for her promise of good behavior. Which of the following BEST describes Greta's sentence?
- A. Probation
- B. Deferred prosecution agreement
- C. Determinate sentence
- D. indeterminate sentence
Answer: A
NEW QUESTION # 17
In common law jurisdictions failing to suspend routine destruction of electronic data can result in sanctions for failure to preserve relevant evidence
- A. False
- B. True
Answer: A
NEW QUESTION # 18
Which of the following is NOT a right of the accused under the United Nations' (UN) International Covenant on Civil and Political Rights (ICCPR)?
- A. Right to a trial by jury
- B. Right to be presumed innocent until proven guilty
- C. Right of the accused to be informed of criminal charges
- D. Freedom from arbitrary arrests
Answer: A
NEW QUESTION # 19
Which of the following is TRUE in regard to authenticating evidence in most common law systems?
- A. Digital records cannot be authenticated by testimony from a witness with personal knowledge
- B. The purpose of authentication is to ensure that hearsay is not admitted into evidence
- C. Exhibits that cannot be authenticated will not be admitted regardless of relevance
- D. For evidence to be authenticated it must be reviewed and voted on by a jury
Answer: B
NEW QUESTION # 20
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?
- A. ''Did the person who made the representation intend to mislead potential investors?
- B. "Did the person who made the representation believe that it was suitable for potential investors?"
- C. "Was the misrepresentation made by an authorized individual?"
- D. "Would a reasonable investor wish to know the information to make an informed decision?"
Answer: D
NEW QUESTION # 21
Which of the following statements is MOST ACCURATE regarding cross-examination of witnesses in adversarial systems?
- A. The primary purpose of cross-examination is for opposing counsel to discover information previously unknown to opposing counsel.
- B. If an expert witness's opinion is at risk of being distorted during cross-examination, the expert should avoid answering the question
- C. If opposing counsel asks an overly complex question during cross-examination, witnesses should ask for the question to be rephrased
- D. The general rule is for opposing counsel to cross-examine all witnesses to ensure that important details are not missed by the fact finder
Answer: C
NEW QUESTION # 22
Which of the following is NOT required for a contract transaction or scheme to be classified as an investment contract?
- A. An investment of money or other asset
- B. The expectation of making a profit
- C. Profits derived solely from the investor's management activity
- D. investment m a common enterprise
Answer: C
NEW QUESTION # 23
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?
- A. Insider trading fraud
- B. Mail fraud
- C. Wire fraud
- D. Communications fraud
Answer: B
NEW QUESTION # 24
Which of the following is a legal element that must be shown to prove a claim for commercial bribery?
- A. The defendant failed to exercise due care.
- B. The principal suffered damages as a result of the bribe
- C. The defendant gave or received a thing of value.
- D. The defendant acted negligently.
Answer: C
NEW QUESTION # 25
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?
- A. Burton likely has a duty to cooperate with the investigation as part of the employer-employee relationship
- B. Burton can refuse to cooperate with the investigation because he has a fundamental right to remain silent
- C. Burton can refuse to cooperate with the investigation because he has a fundamental right to privacy
- D. Burton has a duty to cooperate with the investigation even if what is requested from him is not reasonable
Answer: A
NEW QUESTION # 26
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.
- A. False
- B. True
Answer: A
NEW QUESTION # 27
Which of the following is NOT an element that must be proven to establish a penury offense?
- A. The defendant made a false statement in a court of law.
- B. The defendant made a false statement white under oath.
- C. The defendant made the statement with knowledge of its falsity
- D. The defendant made a false statement that was material
Answer: A
NEW QUESTION # 28
All of the following are common legal defenses for tax evasion EXCEPT:
- A. The actions were tax avoidance not tax evasion
- B. Mental illness of the taxpayer
- C. Death of the taxpayer
- D. The taxpayer s reliance on an attorney or accountant
Answer: C
NEW QUESTION # 29
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?
- A. Futures fraud
- B. Churning
- C. Insider trading
- D. Trading on margin
Answer: C
NEW QUESTION # 30
Which of the following is a red flag that an entity is operating a security business without the proper license or registration?
- A. The entity's website contains detailed background information.
- B. There is an unexplained absence of customer complaints against the entity.
- C. There are justified gaps in the work history of promoters at the entity
- D. The agents working at the entity have criminal records.
Answer: D
NEW QUESTION # 31
Which of the following is generally NOT one of the goals of deferred prosecution agreements?
- A. To reduce the risk of illegal practices at an organization
- B. To postpone prosecution until a company conducts an extensive internal investigation
- C. To get an organization to reform its policies
- D. To allow prosecutors to resolve a case while still punishing malfeasance
Answer: B
NEW QUESTION # 32
Which of the following describes the purpose of an expert witness testimony at trial?
- A. To give a firsthand account of the fads of the case on the record
- B. None of the above
- C. To offer an opinion as to a party's guilt or innocence
- D. To give an opinion when the fact finder needs specialized knowledge
Answer: D
NEW QUESTION # 33
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.
- A. False
- B. True
Answer: B
NEW QUESTION # 34
Which of the following is the MOST ACCURATE statement about serf-regulatory organizations (SROs) in the securities industry?
- A. In most jurisdictions. SROs are prohibited from participating in the resolution of disputes related to securities transactions
- B. In some jurisdictions SROs establish the standards and rules under which members of the securities industry operate
- C. An SRO is a governmental entity that exercises regulatory authority over the securities industry in its jurisdiction
- D. An SRO generally has sole regulatory authority over the securities industry in the jurisdiction in which it operates
Answer: B
NEW QUESTION # 35
Which of the following scenarios is an example of the criminal sanction known as criminal forfeiture?
- A. As part of her sentence for bribery a defendant is ordered to transfer a car she received as a bribe to the government
- B. As part of her sentence for money laundering a defendant is sentenced to a three- to five-year term of incarceration
- C. As part of his sentence for tax evasion, a Defendant is ordered to pay a fine of $10,000 to the government
- D. As part of his sentence for embezzlement, a defendant is ordered to pay back his employer for the money he stole.
Answer: A
NEW QUESTION # 36
Which of the following statements concerning the appointment of expert witnesses at that is accurate?
- A. Generally, only the parties may select experts to introduce testimony in adversarial jurisdictions
- B. Generally the court selects the primary expert witnesses in adversarial jurisdictions.
- C. Generally, only the parties may select expert witnesses in inquisitional jurisdictions.
- D. Generally, the court appoints the primary expert witnesses in inquisitorial jurisdictions.
Answer: C
NEW QUESTION # 37
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