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

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Total 171 questions

Which of the following is the MOST ACCURATE statement about rules prohibiting securities broker-dealers from making unsuitable recommendations on investments or investment strategies?

A.

A suitability violation occurs when a broker does not carry out a trade requested by or promised to a customer

B.

A suitability violation occurs when a broker recommends an investment or investment strategy that is inconsistent with the client's objectives

C.

A suitability violation occurs when a broker trades in a client's account without obtaining prior approval for making the transaction(s).

D.

A suitability violation occurs when a broker enters into transactions and manages a client's account for the purpose of generating excessive commissions

Which of the following is NOT required for a contract transaction or scheme to be classified as an investment contract?

A.

The expectation of making a profit

B.

Profits derived solely from the investor's management activity

C.

investment m a common enterprise

D.

An investment of money or other asset

Which of the following schemes involves disguising money from illegal nonbusiness sources by recording more income on a business's books than the business actually generates?

A.

Overstate revenues

B.

Structured deposits

C.

Trade-based laundering

D.

None of re above

Wilson, a Certified Fraud Examiner and Garcia both work for ABC Corp., a private company that operates in a jurisdiction with civil laws against privacy violations, defamation, and similar offenses. ABC’s president tells Wilson to investigate and search Garcia’s private tablet even though Garcia is not suspected of any wrongdoing. Assuming Wilson conducted the search without legitimate interest or authority and Garcia had a reasonable expectation of privacy, under which of the following claims would Garcia MOST LIKELY be able to recover damages from Wilson and ABC?

A.

Public disclosure of private facts

B.

Property damage

C.

Defamation

D.

Intrusion into an individual’s private matters

Which of the following statements concerning fact finders in criminal trials in common law jurisdictions is MOST ACCURATE?

A.

The presence of a jury is always required to make factual findings in a common law criminal trial

B.

A panel of a professional judge and lay judges usually serves as the fact finder in serious cases

C.

A judge is typically responsible for factual findings

D.

Juries usually serve as the fact finder in serious cases

In jurisdictions that allow for corporate criminal liability which of the following is typically required for the corporation to be vicariously liable for the acts of one of its employees?

A.

Management was directly involved with the offense

B.

Management knew of the underlying offense but did not correct it

C.

The corporation had previous violations of a similar nature

D.

The employee was acting within the scope of their employment

Which of the following is the MOST ACCURATE statement about the different types of alternative dispute resolution'?

A.

The agreements reached in mediations are generally nonbinding.

B.

In a mediation session, the mediator decides who should win the dispute at issue

C.

The decisions reached in all arbitrations are always binding

D.

In an arbitration proceeding the arbitrator acts as a judge or jury by deciding the dispute at issue on its merits

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

A.

Affidavits of documents or records

B.

Written examinations

C.

Injunctions

D.

Oral examinations

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

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

A.

Civil jury trials must have the same number of jurors as in criminal jury trials.

B.

Neither side may appeal an adverse judgment in a civil case

C.

Jury verdicts m civil trials must always be unanimous

D.

in most civil cases, the standard of proof is the preponderance of the evidence