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ACFE CFE-Law - Certified Fraud Examiner (CFE) - Law

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Total 158 questions

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

A.

True

B.

False

Which of the following statements regarding civil lawsuits in most jurisdictions is CORRECT?

A.

The plaintiffs initial filing does not typically need to contain a summary of the evidence

B.

Civil lawsuits begin with the filing of a pleading, usually in the jurisdiction in which the defendant resides or where the claim arose

C.

The plaintiff’s initial filing with the court does not typically need to include the specific facts on which the claim relies.

D.

All of the above are correct

A company files a civil lawsuit against one of its directors for insider trading. At the end of the trial, a court orders the director to refrain from purchasing or obtaining the stock of a particular corporation. Which of the following BEST describes this type of remedy?

A.

Punitive damages

B.

Declaratory relief

C.

Injunction

D.

Monetary relief

During a bankruptcy bustout scheme, or planned bankruptcy, the debtor committing the fraud typically performs which of the following actions?

A.

Colludes with creditors and the trustee to pay some creditors but not ethers

B.

Bribes a trustee to overlook assets in the debtor's possession

C.

Conspires with suppliers to produce fraudulent invoices

D.

Purchases large quantities of goods on credit

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.

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

Jay files for bankruptcy in order to settle all of his debts. During the bankruptcy proceeding, the court sells off his property and uses the proceeds to pay Jay's creditors, thereby discharging all of Jay's dischargeable debts. This type of bankruptcy proceeding can BEST be described as:

A.

Debt adjustment bankruptcy

B.

Liquidation bankruptcy

C.

Reorganization bankruptcy

D.

Debt dismissal bankruptcy

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

A.

True

B.

False

All of the following are common legal defenses for tax evasion EXCEPT:

A.

Mental illness of the taxpayer

B.

Death of the taxpayer

C.

The taxpayer s reliance on an attorney or accountant

D.

The actions were tax avoidance not tax evasion

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.