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Practice Free CFE-Law Certified Fraud Examiner (CFE) - Law Exam Questions Answers With Explanation

We at Crack4sure are committed to giving students who are preparing for the ACFE CFE-Law Exam the most current and reliable questions . To help people study, we've made some of our Certified Fraud Examiner (CFE) - Law exam materials available for free to everyone. You can take the Free CFE-Law Practice Test as many times as you want. The answers to the practice questions are given, and each answer is explained.

Question # 6

Which of the following is most likely to affect the rights that an employee may have during an internal investigation?

A.

The length of the employee ' s tenure at the organization

B.

Whether the employee has signed a noncompetition agreement

C.

Whether the employee has signed a union contract

D.

The likelihood of the employee ' s guilt or innocence

Question # 7

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

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 # 8

Mary and Keith live in different countries. Mary believes she has a legal cause of action against Keith. Because Keith is the defendant, he may file the lawsuit in any court, in either of the countries where he or Mary lives.

A.

True

B.

False

Question # 9

Which of the following statements concerning digital currencies, such as bitcoin, is MOST ACCURATE?

A.

Digital currencies are subject to all of the same regulations as payments made through traditional financial institutions

B.

Digital currencies are attractive to money launderers because payments often cross jurisdictional boundaries, making it difficult for authorities to pursue enforcement

C.

Digital currencies are attractive to money launderers because they are a payment method that provides complete anonymity

D.

Digital currencies are not typically used to launder money due to strict customer identification or recordkeeping requirements enforced in all jurisdictions

Question # 10

Which of the following statements concerning the appointment of expert witnesses during trial is most accurate?

A.

Generally, only the court may appoint expert witnesses in adversarial jurisdictions.

B.

Generally, the parties choose expert witnesses in adversarial jurisdictions, but the court may also appoint experts.

C.

Generally, the jury selects expert witnesses in inquisitorial jurisdictions.

D.

Generally, the parties are primarily responsible for selecting expert witnesses in inquisitorial jurisdictions.

Question # 11

Which of the following is NOT an element that must be proven to establish a penury offense?

A.

The defendant made a false statement that was material

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 in a court of law.

Question # 12

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?

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.

Question # 13

The________________requires that an employee act solely in the best interest of their employer, free of any serf-dealing, conflicts of interest, or other abuse that results in a personal advantage

A.

Duty of care

B.

Duty of responsibility

C.

Duty of employee trust

D.

Duty of loyalty

Question # 14

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

B.

The victim suffered damages because of the misrepresentation.

C.

The victim did not exercise due care in relying on the representation.

D.

The victim relied on the misrepresentation.

Question # 15

Which of the following scenarios is an example of the criminal sanction known as criminal forfeiture?

A.

As part of his sentence for embezzlement, a defendant is ordered to pay back his employer for the money he stole.

B.

As part of her sentence for bribery a defendant is ordered to transfer a car she received as a bribe to the government

C.

As part of her sentence for money laundering a defendant is sentenced to a three- to five-year term of incarceration

D.

As part of his sentence for tax evasion, a Defendant is ordered to pay a fine of $10,000 to the government

Question # 16

Felix is charged with violating a criminal law that prohibits making false statements to government agencies. Which of the following statements is incorrect regarding the elements the government must prove to establish a violation?

A.

The government must prove that the statement concerned a matter within the jurisdiction of a government agency.

B.

The government must prove that the defendant knew the statement was false.

C.

The government must prove that it suffered a loss for relying on the false statement.

D.

The government must prove that the statement was material.

Question # 17

Which of the following is an example of a trade-based money laundering scheme?

A.

An importer and an exporter conspire to conceal illicit funds by creating invoices that understate the quantity of goods shipped internationally

B.

An accountant overstates a restaurants revenues to hide illegal funds that are secretly laundered through the business

C.

A drug cartel outside of the United States launders illicit funds by hiring runners to deposit small amounts of money in bank accounts throughout the United States

D.

A businessperson deposits illicit funds into the bank account of a company they secretly own which then lends the funds back to them

Question # 18

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.

True

B.

False

Question # 19

Allison works for a government contractor She informs the government that her employer has been submitting false claims to the government for payment Later it is discovered that Allison has misappropriated more than $50,000 of her employer ' s money Alison qualifies as a whistleblower entitled to anti-retaliation protection under the law because of her report to the government Which of the following statements about Allison is CORRECT?

A.

Allison cannot be fired for misappropriating funds from her employer

B.

Allison cannot be fired for any reason

C.

Alison cannot be fired for informing the government of her employee’s fraud

D.

None of the above

Question # 20

Which of the following statements regarding the qualifications of expert witnesses in most adversarial jurisdictions is correct?

A.

The qualification of an expert is primarily based on educational accomplishments.

B.

An expert is not qualified to testify unless all parties involved in the litigation approve.

C.

Certification in a specific field is not usually a factor that would help qualify an expert.

D.

A person can be qualified to testify based on special training or experience.

Question # 21

Under the best practices listed in the Financial Action Task Force (FATF) Recommendations concerning large cash transactions with customers which of the following transactions would require a report to be Wed with the government?

A.

A domestic credit card purchase of a piece of jewelry above the jurisdiction ' s designated threshold

B.

A cash payment to a restaurant supplier for restaurant supplies above the jurisdiction ' s designated threshold

C.

An international purchase of a small boat with a lump-sum cash payment below the jurisdiction ' s designated threshold

D.

A lump-sum cash deposit to a bank above the jurisdiction ' s designated threshold

Question # 22

If Mary uses legal means to lower her tax bill through legitimate deductions and credits she is engaging m tax evasion

A.

True

B.

False

Question # 23

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)?

A.

Right of the accused to a trial without public disclosure of the results

B.

Right of the accused to be presumed innocent until proven guilty

C.

Right of the accused to unlimited appeals in criminal trials

D.

Right of the accused to be released from custody pending trial

Question # 24

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.

The UK Bribery Act has a broader application than the FCPA because it makes commercial bribery a crime.

D.

Unlike the FCPA, the UK Bribery Act makes it a crime to bribe a foreign public official in connection with international business transactions.

Question # 25

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

A.

The defendant acted intentionally or recklessly

B.

The victim was an employee of the defendant

C.

The victim suffered distress as a result of the defendants conduct

D.

The defendant engaged in extreme and outrageous conduct

Question # 26

Which of the following is a legal element that must be shown to prove a claim for commercial bribery?

A.

The defendant acted negligently.

B.

The defendant gave or received a thing of value.

C.

The principal suffered damages as a result of the bribe

D.

The defendant failed to exercise due care.

Question # 27

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

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 # 28

In a judicial proceeding, the parties in the proceeding are primarily responsible for gathering evidence for trial. Additionally, the parties or their legal counsel conduct the questioning of witnesses. Which of the following best describes this type of judicial process?

A.

Adversarial process

B.

Inquisitorial process

C.

Civil law process

D.

Unitary process

Question # 29

The Organisation for Economic Co-operation and Developments (OECD) Recommendation on Combating Bribery m International Business (Recommendation) urges member states to combat the bribery of foreign public officials by taking steps to improve which of the following primary areas within their respective infrastructures?

A.

Public health and safety regulations

B.

Laws and regulations related to public subsidies licenses, and contract procurement

C.

Laws and regulations covering e-commerce

D.

Consumer data protection laws

Question # 30

Which of the following is true regarding the authentication of evidence in most common law systems?

A.

The purpose of authentication is to show that the evidence is what the party claims it is.

B.

Digital records cannot be authenticated through a written certification by the custodian of records.

C.

For evidence to be authenticated, it must be reviewed and voted on by a jury.

D.

A party can introduce authenticated exhibits as evidence at trial even if the items are not relevant.

Question # 31

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

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 # 32

A custodial arrest occurs when the suspect is questioned by a law enforcement officer.

A.

True

B.

False

Question # 33

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.

True

B.

False

Question # 34

Which of the following statements is MOST ACCURATE concerning how criminal bargaining agreements are typically handled in jurisdictions where such agreements are allowed?

A.

The defense generally has the discretion to decide whether to settle charges with a bargaining agreement.

B.

Both the prosecution and the defense have the discretion to decide whether to settle charges with a bargaining agreement.

C.

Only the judge assigned to the case has the discretion to decide whether to settle charges with a bargaining agreement.

D.

The prosecution generally has the discretion to decide whether to settle charges with a bargaining agreement.

Question # 35

In most civil law jurisdictions which of the following BEST describes when a party is required to begin taking steps to preserve and produce relevant evidence?

A.

When the court orders such steps to be taken

B.

When litigation has started

C.

When the party receives a service of process

D.

When the charging documents are filed

Question # 36

Which of the following is a legal element that must be shown to prove a claim for official bribery?

A.

The government suffered damages because of the bribe.

B.

The defendant acted negligently.

C.

The defendant failed to exercise due care.

D.

The defendant gave or received something of value.

Question # 37

Before her criminal trial for embezzlement Monique contacts witnesses against her and offers to pay them if they change their stories Based on her actions the government would MOST LIKELY bring additional charges against Monique for:

A.

Obstruction of justice

B.

Fraudulent misrepresentation

C.

Conspiracy to influence the court

D.

Judicial extortion

Question # 38

Which of the following is generally one of the goals of deferred prosecution agreements?

A.

To help reduce the risk of future illegal practices by an organization accused of misconduct.

B.

To save trial resources by getting the defendant to plead guilty to a less serious offense.

C.

To postpone prosecution until a company conducts an adequate internal investigation.

D.

To increase the likelihood of conviction if a company is accused of subsequent misconduct.

Question # 39

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)?

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 # 40

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?

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 # 41

Luisa is charged with violating a criminal law that prohibits making false statements to government agencies. Which of the following is NOT one of the elements the government must prove?

A.

The false statement was material.

B.

The government relied on the false statement.

C.

The defendant knew the statement was false.

D.

The defendant made a false statement.

Question # 42

Which of the following is NOT one of the elements that the government must prove to establish a violation of a law criminalizing false statements to government agencies?

A.

The government relied on the false statement

B.

The defendant knew the statement was false

C.

The defendant made a false statement

D.

The false statement was material

Question # 43

Jackson believes he has a legal cause of action against Alice, who lives in a foreign country. The fact that Jackson is the plaintiff allows him to bring the lawsuit against Alice in any court in the country where he lives.

A.

True

B.

False

Question # 44

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?

A.

A personal mobile phone brought to the office from home

B.

A laptop computer that was issued by Samson Inc.

C.

A desk drawer in a communal workspace

D.

A recycling bin in the employee’s office

Question # 45

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

A.

Bankruptcy fraud

B.

Fictitious revenues

C.

Payroll fraud

D.

Income smoothing

Question # 46

After the government charged Angel with money laundering, he forcibly entered his accountant’s office and destroyed incriminating documents. Angel’s actions would most likely cause the government to bring additional charges against him for:

A.

Fraudulent misrepresentation

B.

Misappropriation of evidence

C.

Conspiracy to influence the court

D.

Obstruction of justice

Question # 47

In jurisdictions that allow criminal bargaining agreements the defendant ' s counsel generally has the discretion to determine whether a bargaining agreement is available to the defendant.

A.

True

B.

False

Question # 48

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?

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 # 49

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 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 # 50

In most civil law systems, which of the following parties typically serves as the fact finder in criminal proceedings?

A.

judge

B.

A jury

C.

A panel comprised of laypersons

D.

A panel of court-appointed attorneys

Question # 51

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:

A.

Reverse action

B.

Parallel proceeding

C.

Counterclaim

D.

Cross-claim

Question # 52

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

A.

Both the parties and the judge may determine how much consideration should be given to an expert ' s testimony.

B.

Both the parties and the judge may question an expert ' s credibility.

C.

Only the parties are allowed to make objections regarding an expert ' s biases.

D.

Only the judge is allowed to question the expert ' s analysis and the methods that they used in their determinations.

Question # 53

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

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 # 54

Bob receives a memorandum from his attorney that is protected by a legal professional privilege Bob emails the memorandum to a third party who has no need to know the information in the memorandum Which of the following statements is MOST ACCURATE?

A.

Bob did not walve the privilege because the legal professional privilege belongs to the attorney, not the client

B.

Bob might have waived the privilege because he transmitted the protected information to a third party who has no need to know the information

C.

Bob might have waived the privilege because he used email to transmit the protected information.

D.

Bob did not waive the privilege because the legal professional privilege cannot be waived by transmitting protected information to a third party

Question # 55

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

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 # 56

Which of the following typically does NOT need to be present for communications between an attorney and the attorney’s client to be protected by a legal professional privilege?

A.

Communication between a legal advisor and a client

B.

Purpose of the communications was to seek or provide legal advice

C.

A written contract with the attorney requiring confidentiality

D.

Intent to keep the communications confidential

Question # 57

Claude stole a large amount of cash from his employer and then deposited the funds into a domestic bank account Next, he wired the illicit funds to a foreign bank account and engaged m 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. Which of the following actions was the layering stage of Claude ' s money laundering scheme?

A.

When he first deposited the funds into a domestic account

B.

When he first stole the cash from his employer

C.

When he moved the funds through several transactions using foreign accounts

D.

When he spent the money

Question # 58

In most countries employers must provide notice to their employees before they implement an employee monitoring program

A.

True

B.

False

Question # 59

__________ insurance is a type of insurance under which an insured entity is covered against losses caused by the dishonest or fraudulent acts of its employees.

A.

Fidelity

B.

Inherent risk

C.

Opportunity

D.

Residual risk

Question # 60

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?

A.

Integration

B.

Placement

C.

Implementation

D.

Layering

Question # 61

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 defendant ' s counsel

B.

The grand jury

C.

The prosecution

D.

The judge

Question # 62

Company A used Company B to recover damages for the breach of a contract. In the same proceeding. Company B sought damages for an allegation that Company A fraudulently induced Company B into entering the contract. In this case, what would Company B ' s claim against Company A be called?

A.

Counterclaim

B.

Collateral attack

C.

Reversal

D.

Cross-claim

Question # 63

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.

Mail fraud

B.

Wire fraud

C.

Insider trading fraud

D.

Communications fraud

Question # 64

In common law jurisdictions failing to suspend routine destruction of electronic data can result in sanctions for failure to preserve relevant evidence

A.

True

B.

False

Question # 65

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

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.

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