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

1. A company stores chemical waste from manufacturing in a warehouse near an individual's residence. The resident files a civil lawsuit against the company and prevails at trial. As part of the court's judgment, the company is ordered to remove the waste and is prevented from storing the waste in that location. Which of the following options BEST describes this type of remedy?

A) Injunction
B) Declaratory relief
C) Punitive relief
D) Damages


2. 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 defendant's counsel determines whether to offer a bargaining agreement.
B) The presiding judge generally has the discretion to determine whether either party will offer a bargaining agreement.
C) Both the prosecution and the judge determine whether to offer a bargaining agreement.
D) The prosecution generally has the discretion to determine whether to offer a bargaining agreement.


3. 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 trades in a client ' s account without obtaining prior approval for making the transaction(s).
B) A suitability violation occurs when a broker does not carry out a trade requested by or promised to a customer
C) A suitability violation occurs when a broker recommends an investment or investment strategy that is inconsistent with the client ' s objectives
D) A suitability violation occurs when a broker enters into transactions and manages a client ' s account for the purpose of generating excessive commissions


4. Which of the following statements concerning fact finders in criminal trials in common law jurisdictions is most accurate?

A) A jury serves as the fact finder in all criminal cases that go to trial.
B) A judge serves as the fact finder in all criminal cases that go to trial.
C) Although a jury typically serves as the fact finder, a judge may serve as the fact finder in minor cases where a jury trial is not available or is waived.
D) Although a judge typically serves as the fact finder, a jury sometimes serves as the fact finder in cases that are deemed more minor.


5. In systems using adversarial processes, an attorney may impeach an opposing party ' s witness by showing that the witness:

A) Has a reputation for being truthful
B) Testified from personal knowledge
C) Made prior inconsistent statements
D) Possesses a strong ability to observe


Solutions:

Question # 1
Answer: A
Question # 2
Answer: D
Question # 3
Answer: D
Question # 4
Answer: C
Question # 5
Answer: C

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