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Pass the ACFE Certified Fraud Examiner CFE-Law Questions and answers with CertsForce

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Viewing questions 41-50 out of questions
Questions # 41:

Ellis works for a business that filed for bankruptcy. The administrator presiding over the bankruptcy contacts Ellis and requests information regarding his employer ' s financial affairs Assuming the administrator has all of the powers recommended in the World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes (World Bank Principles) which of the following is TRUE?

Options:

A.

The administrator may only seek information regarding the bus ness that filed bankruptcy if Ellis consents to providing it.


B.

The administrator has no power to obtain the information under any circumstances


C.

The administrator may compel Ellis to provide the information despite Ellis ' s relationship to the business


D.

The administrator may not obtain the information unless the business agrees in writing


Expert Solution
Questions # 42:

The Financial Action Task Force (FATF) Recommendations suggest that countries should do which of the following?

Options:

A.

Use a risk-based approach when creating and establishing their anti-money laundering policies.


B.

Require financial institutions to monitor their customers ' social media activity for signs of money laundering.


C.

Only conduct business with other countries that comply with the anti-money laundering recommendations.


D.

Impose a sentence of five years of imprisonment for all money laundering and terrorist financing convictions.


Expert Solution
Questions # 43:

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

Options:

A.

All of the conspirators knowingly committed an overt act in furtherance of the conspiracy.


B.

The defendant entered into an agreement to commit an illegal act with at least one other person.


C.

The conspirators accomplished the purpose of the conspiracy that was initially established.


D.

The defendant intentionally or unintentionally joined and participated in the illegal scheme.


Expert Solution
Questions # 44:

Which of the following is NOT a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts?

Options:

A.

The defendant made a false statement


B.

The victim suffered damages because of the misrepresentation.


C.

The victim did not exercise due care in relying on the representation.


D.

The victim relied on the misrepresentation.


Expert Solution
Questions # 45:

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

Options:

A.

One of the conspirators knowingly committed an oven act in furtherance of the conspiracy


B.

The conspirators accomplished the purpose of the conspiracy that was initially established


C.

The defendant knew all the details or objectives of the conspiracy


D.

The defendant knew the identity of all the participants in the conspiracy


Expert Solution
Questions # 46:

Which of the following is NOT a right of the accused under the United Nations ' (UN) International Covenant on Civil and Political Rights (ICCPR)?

Options:

A.

Right of the accused to be informed of criminal charges


B.

Right to be presumed innocent until proven guilty


C.

Right to a trial by jury


D.

Freedom from arbitrary arrests


Expert Solution
Questions # 47:

Ramona is investigating Eugene for misconduct Ramona and Eugene both work for Elek-Tek, which operates in a jurisdiction with evil laws for defamation, invasion of privacy and conflict of interest During the investigation Ramona obtained ^formation that Eugene is cheating on his spouse Ramona to a large group of Elek-Tek employees that Eugene was committing adultery, which turned out to be true Which cause of action would give Eugene the BEST chance for success m a civil suit against Ramona?

Options:

A.

Conflict of interest


B.

Defamation


C.

Public disclosure of private facts


D.

Slander


Expert Solution
Questions # 48:

A custodial arrest occurs when the suspect is questioned by a law enforcement officer.

Options:

A.

True


B.

False


Expert Solution
Questions # 49:

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?

Options:

A.

Overstate revenues


B.

Structured deposits


C.

Trade-based laundering


D.

None of re above


Expert Solution
Questions # 50:

To determine if a misrepresentation in the offer or sale of any securities is material a fraud examiner should answer which of the following questions?

Options:

A.

" Did the person who made the representation believe that it was suitable for potential investors? "


B.

" Was the misrepresentation made by an authorized individual? "


C.

" Would a reasonable investor wish to know the information to make an informed decision? "


D.

' ' Did the person who made the representation intend to mislead potential investors?


Expert Solution
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