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ACFE Certified Fraud Examiner (CFE) - Fraud Investigations and Legal Issues Sample Questions:

1. Which of the following is a legal element that the government must show to prove a conspiracy claim?

A) The defendant entered into an agreement to commit an illegal act with at least one other person.
B) The defendant intentionally or unintentionally joined and participated in the illegal scheme.
C) The conspirators accomplished the purpose of the conspiracy that was initially established.
D) All of the conspirators knowingly committed an overt act in furtherance of the conspiracy.

2. 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 appoints the primary expert witnesses in inquisitorial jurisdictions.
C) Generally the court selects the primary expert witnesses in adversarial jurisdictions.
D) Generally, only the parties may select expert witnesses in inquisitional jurisdictions.

3. Virgil is a Certified Fraud Examiner (CFE) who works for Q-22 Inc., a private company. Virgil suspects that Florence, a Q-22 employee, has been submitting fraudulent expense claims. Virgil plans to conduct an internal investigation into the alleged fraud. Based on these facts, which of the following statements is MOST ACCURATE?

A) Florence likely has a duty to cooperate with the investigation as part of the employer-employee relationship.
B) Florence can refuse to cooperate with the investigation because Q-22 Inc. is a private company, not a public one.
C) Florence has a duty to cooperate with the investigation even if what is requested from her is considered unreasonable.
D) Florence can refuse to cooperate with the investigation because she has the legal right to have an attorney present.

4. Luciano, a Certified Fraud Examiner (CFE) for XYZ Co., learns that Sylvia, a purchasing manager, recently bought an expensive home in the mountains. Luciano also sees Sylvia wearing luxury jewelry and high-end clothing. Luciano has sufficient predication to:

A) Search Sylvia's email account for evidence of financial misconduct.
B) Inform the executive team at XYZ Co. that Sylvia might have committed fraud.
C) Conduct discreet inquiries about Sylvia's responsibilities as a purchasing manager.
D) Arrange a meeting with Sylvia to make a direct fraud allegation.

5. Ana, a fraud examiner, is preparing to conduct an interview with Wilbert as part of a fraud investigation at True West Inc. The human resources (HR) manager from True West Inc. has requested to be in the room during the interview. Which of the following statements is MOST ACCURATE regarding the presence of the HR manager during the interview?

A) In most jurisdictions, Ana needs to ask Wilbert if he would like the HR manager to be present during the interview.
B) If permitted by law, Ana should not allow the HR manager to witness the interview to avoid liability consequences.
C) Ana may allow the HR manager to attend as long as they agree not to ask questions or participate in the interview.
D) If Ana believes that the HR manager will make Wilbert more comfortable, she may permit the manager to be present.

Solutions: