Important ACFE CFE-Fraud-Investigations-and-Legal-Issues Exam Questions

Answer: D

Explanation:

According to the ACFE Fraud Examiners Manual, Law Section, particularly under The Criminal Justice System and Sentencing , probation is a sentencing alternative in which a convicted offender's incarceration is suspended, and the individual is allowed to remain in the community under specified conditions. If the offender complies with the conditions---such as maintaining good behavior, reporting to a probation officer, or paying restitution---the individual may avoid serving the custodial sentence.

In this scenario, Paul has already been convicted of embezzlement. The court has imposed a sentence but suspended its execution contingent upon his promise of good behavior. This arrangement is characteristic of probation. The conviction remains in place, but incarceration is conditionally withheld. If Paul violates the terms, the court may revoke probation and require him to serve the original sentence.

A deferred prosecution agreement occurs before conviction and typically involves postponing prosecution in exchange for compliance with certain conditions. Determinate and indeterminate sentences refer to the structure or length of imprisonment, not to suspension of incarceration.

Therefore, Paul's sentence is best described as probation.

Answer: D

Explanation:

The correct answer is D. The CFE Manual lists the basic elements of perjury as follows: the defendant made a false statement, made it under oath, the statement was material or relevant to the proceeding, and the defendant made the statement knowing it was false. Therefore, materiality is a required element, which makes D the correct answer.

Option A is not sufficiently accurate because the Manual explains that perjury does not have to occur strictly in a court of law. A perjurious statement can also occur in other formal settings, such as depositions, bail hearings, venue hearings, suppression hearings, and similar proceedings, so limiting the offense to statements made in court is too narrow. Option B is incorrect because perjury does not require proof that the false statement actually influenced the fact finder's decision; it is enough that the statement was material to the proceeding. Option C is incorrect because the statement need not be made specifically to a judge. The legal focus is on a knowingly false, material statement under oath in a qualifying proceeding. Thus, among the options provided, D is the required element that must be proven.

Answer: C

Explanation:

A memorandum recording a whistleblower tip is a written record. The Fraud Examiners Manual defines documentary evidence as evidence ''presented in the form of documents such as memoranda, contracts, emails, or other records''. Testimonial evidence comes from oral statements; here, the memorandum itself is the evidence, so it is documentary.

Answer: B

Explanation:

The correct answer is B. False. A defendant does not ordinarily file the initial lawsuit. In a civil action, the plaintiff---here, Mary---is the party who begins the case by filing a complaint or similar pleading in a court that has proper jurisdiction. The CFE Law materials explain that civil actions generally begin with the filing of a pleading by the plaintiff, usually in the jurisdiction where the defendant resides or where the claim arose. That directly contradicts the statement in the question.

The statement is also inaccurate because a lawsuit cannot simply be filed in any court in either country. A proper court must have jurisdiction over the parties and the subject matter, and venue rules must also be satisfied. In cross-border disputes, those issues can become even more complex, especially where the parties live in different countries. The core error, however, is enough to make the statement false: Keith, as the defendant, does not get to initiate the case merely because he is the defendant. Mary, as the party claiming legal relief, would normally be the one to file. Therefore, under basic civil procedure principles used in the CFE Law topics, the answer is False.

Answer: B

Explanation:

Beth's strongest claim is public disclosure of private facts. The Fraud Examiners Manual explains that this civil wrong occurs when someone publicizes private facts about another person's life that are not of public concern and would be highly offensive to a reasonable person. Medical information about surgery and a chronic illness is private, and Eric disclosed it to coworkers who were not involved in the investigation. Defamation and slander require false statements that harm reputation, but the facts here state that Eric disclosed true information. Negligent misrepresentation involves false information supplied carelessly, usually in a business or transactional setting. Because liability can arise even when private facts are true, option B is the best answer.