Certified Fraud Examiner - Law v1.0

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Exam contains 153 questions

The government filed a civil 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?

  • A. Preservation order
  • B. Litigation hold
  • C. Prejudgment attachment
  • D. Declaratory relief


Answer : C

Grant, a fraud examiner, is investigating Beatrice for embezzlement on his employer's behalf. During his investigation, Grant learns that Beatrice has cheated on her spouse, and he tells several of Beatrice's coworkers about it. Beatrice discovers that Grant revealed the unflattering (albeit true) information about her and decides to file a claim of defamation against Grant. Which of the following is the BEST explanation of why Beatrice will not win her defamation case?

  • A. The information was true.
  • B. The communications to the subject's coworkers were privileged.
  • C. The statement was not printed and distributed.
  • D. The news was not communicated to enough people.


Answer : B

All of the following are methods of pretrial civil discovery commonly found in common law jurisdictions EXCEPT:

  • A. Oral examinations
  • B. Injunctions
  • C. Affidavits of documents or records
  • D. Written examinations


Answer : C

A prosecutor filed criminal charges against Rosa, claiming that she stole Juan's personal information and sold his identity on the dark web. Juan wants to file a civil lawsuit against Rosa to recover damages arising from the identity theft. Can Juan file the civil action before the criminal action against Rosa is completed?

  • A. Yes, the civil action can be filed if the jurisdiction permits parallel proceedings.
  • B. No, the civil action cannot be filed if the jurisdiction prohibits double jeopardy.
  • C. No, the civil action cannot be filed if the jurisdiction prohibits counterclaims.
  • D. Yes, the civil action can be filed if the jurisdiction permits analogous claims.


Answer : D

Dodd is a Certified Fraud Examiner (CFE) who works for ABC Company, a private company. Dodd suspects that Burton, an ABC Company 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 can refuse to cooperate with the investigation because he has a fundamental right to privacy.
  • B. Burton can refuse to cooperate with the investigation because he has a fundamental right to remain silent.
  • C. Burton likely has a duty to cooperate with the investigation as part of the employer-employee relationship.
  • D. Burton has a duty to cooperate with the investigation even if what is requested from him is not reasonable.


Answer : A

Which of the following is the MOST ACCURATE statement about the circumstances under which a conflict of interest claim would be actionable against an agent?

  • A. The agent must have informed the principal of their actions.
  • B. The agent must have had an undisclosed interest in a matter that could influence their professional role.
  • C. The agent must have purported to act on behalf of, or as an agent for, an identified principal.
  • D. The agent must have been authorized by someone with actual authority to carry out the transaction at issue.


Answer : B

Company A sued 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. Collateral attack
  • B. Reversal
  • C. Counterclaim
  • D. Cross-claim


Answer : C

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 his sentence for tax evasion, a defendant is ordered to pay a fine of $10,000 to the government.
  • C. As part of his sentence for embezzlement, a defendant is ordered to pay back his employer for the money he stole.
  • D. As part of her sentence for money laundering, a defendant is sentenced to a three- to five-year term of incarceration.


Answer : A

Which of the following statements concerning judgments involving parties in multiple jurisdictions is MOST ACCURATE?

  • A. If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment wherever the defendant resides.
  • B. If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment in any jurisdiction.
  • C. Whether a foreign judgment is enforceable might depend on whether the two jurisdictions have an enforcement treaty.
  • D. Whether a foreign judgment is enforceable always depends on where the defendant's assets are located.


Answer : D

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. Conspiracy to influence the court
  • B. Obstruction of justice
  • C. Fraudulent misrepresentation
  • D. Judicial extortion


Answer : B

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

  • A. True
  • B. False


Answer : A

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

  • A. In most civil cases, the standard of proof is the preponderance of the evidence.
  • B. Civil jury trials must have the same number of jurors as in criminal jury trials.
  • C. Jury verdicts in civil trials must always be unanimous.
  • D. Neither side may appeal an adverse judgment in a civil case.


Answer : A

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

  • A. True
  • B. False


Answer : A

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

  • A. Obtain a warrant granting permission to transfer the data.
  • B. Obtain approval from a Certified Information Privacy Professional (CIPP).
  • C. Use a third-party transferring service.
  • D. Establish a contract between the entities exchanging the information.


Answer : B

Which of the following can affect the rights that employees may have during an internal investigation?

  • A. Existence of violation red flags
  • B. Existence of interstate compacts
  • C. Existence of an employment contract
  • D. Existence of fraud risk factors


Answer : C

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Exam contains 153 questions

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