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

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Questions # 21:

Under the Financial Action Task Force (FATF) Recommendations, a financial institution's customer due diligence (CDD) procedures involve a single check on the customer's business relationships and transactions.

Options:

A.

True

B.

False

Questions # 22:

In a particular country's judicial process, the judge oversees the investigation of a case is primarily responsible for questioning witnesses and generally plays a larger role in the evidence-gathering process than the parties' legal counsel Which of the following BEST describes this type of judicial process'?

Options:

A.

Adversarial process

B.

Substantive law process

C.

Inquisitorial process

D.

Common law process

Questions # 23:

Bob receives a memorandum from his attorney that is protected by a legal professional privilege Bob emails the memorandum to a third party who has no need to know the information in the memorandum Which of the following statements is MOST ACCURATE?

Options:

A.

Bob did not walve the privilege because the legal professional privilege belongs to the attorney, not the client

B.

Bob might have waived the privilege because he transmitted the protected information to a third party who has no need to know the information

C.

Bob might have waived the privilege because he used email to transmit the protected information.

D.

Bob did not waive the privilege because the legal professional privilege cannot be waived by transmitting protected information to a third party

Questions # 24:

Which of the following statements about the appeals process in cranial cases is MOST ACCURATE?

Options:

A.

In common law jurisdictions, appellate courts are generally not permitted to make their own factual determinations when reviewing a case

B.

In civil law jurisdictions appellate courts are generally not permitted to make their own legal conclusions when reviewing a case

C.

Appellate courts will usually hear an appeal even if the petition was not filed in a timely manner

D.

Appellate courts will usually reverse a conviction even if the trial court's error did not affect the outcome of the case

Questions # 25:

Nora, a health care provider b convicted of health care fraud in criminal court After her conviction, the national health agency begins a proceeding to prohibit Nora from seeking reimbursement from government health care programs for five years Which type of administrative penalty is the national health agency seeking?

Options:

A.

License suspension

B.

Debarment

C.

License revocation

D.

Disenfranchisement

Questions # 26:

Which of the following statements is MOST ACCURATE concerning how criminal bargaining agreements are typically handled in jurisdictions where such agreements are allowed?

Options:

A.

The defense generally has the discretion to decide whether to settle charges with a bargaining agreement.

B.

Both the prosecution and the defense have the discretion to decide whether to settle charges with a bargaining agreement.

C.

Only the judge assigned to the case has the discretion to decide whether to settle charges with a bargaining agreement.

D.

The prosecution generally has the discretion to decide whether to settle charges with a bargaining agreement.

Questions # 27:

Country A's government requires financial institutions to report all instances of a customer depositing or withdrawing more than $10,000 in a day. To avoid attention regarding his illicit assets, James deposits $9,000 each day. In which of the following schemes is James engaging?

Options:

A.

Mobile payment scheme

B.

Integration scheme

C.

Reverse deposit scheme

D.

Structuring scheme

Questions # 28:

Acme Inc. is the debtor in a bankruptcy case that will enable the organization to continue conducting business after the proceeding. Which of the following is one of the preferred approaches to governance and management of the proceeding under the World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes (World Bank Principles)?

Options:

A.

The creditor with the largest claim against Acme is entrusted as the insolvency supervisor.

B.

Exclusive control of the proceeding is entrusted to an independent insolvency representative.

C.

Acme's management and its creditors oversee governance responsibilities.

D.

Supervision of Acme's management is undertaken by the company's internal audit function.

Questions # 29:

Which of the following is the MOST ACCURATE statement about the UK Bribery Act?

Options:

A.

Like the FCPA the UK Bribery Act contains an explicit exception for facilitating payments

B.

Even if an organization's anti-corruption program complies with the FCPA, it might not be sufficient for the purpose of complying with the UK Bribery Act

C.

Unlike the FCPA. the UK Bribery Act makes it a crime to bribe a foreign public official in connection with international business transactions

D.

The UK Bribery Act only exercises jurisdiction over individuals and corporate entities for acts of corruption when the offense occurs outside the United Kingdom

Questions # 30:

Which of the following is the MOST ACCURATE statement about the circumstances under which a conflict of interest claim would be actionable against an agent?

Options:

A.

The agent must have purported to act on behalf of or as an agent for an identified principal

B.

The agent must have had an undisclosed interest m a matter that could influence their professional role

C.

The agent must have informed the principal of their actions

D.

The agent must have been authorized by someone with actual authority to carry out the transaction at issue

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