Free Practice Questions for ACFE CFE-Fraud-Investigations-and-Legal-Issues Exam

This question tests your knowledge of Domain 7.

In the context of Individual Rights During Examinations, specifically relating to employee, the question asks about the core concepts in this area.

The correct answer is D: Existence of an employment contract.

This question relates to individual rights during examinations. The correct answer accurately describes the legal protections, obligations, or privacy considerations that apply in workplace investigations. Fraud examiners must balance investigative needs with legal protections for individuals.

“Documentary evidence, including digital evidence, will not be admitted… unless it is established as authentic… fraud examiners must capture, download, and preserve any useful information as soon as they discover it, and memorialize each step of the collection process”.

Benford’s Law applies to naturally occurring sets of numbers such as invoice amounts, expense reports, and transaction data. The Fraud Examiners Manual shows Benford’s Law tests applied to vendor payments to detect anomalies like duplicate or inflated invoices. Telephone numbers, employee IDs, and bank account numbers are assigned numbers and do not follow Benford’s di stribution, so they are unsuitable for this test.

The Fraud Examiners Manual warns against phrasing admissions as direct questions using emotive terms:

“The admission-seeking interview begins with a direct accusation… The accusation should be phrased as though the accused’s guilt has already been established. Emotive words such as steal, fraud, and crime should be avoided… Wrong: ‘Did you do this?’”.

Thus, phrasing the question as “Did you steal the money?” is least effective.

The CFE Prep – Investigations states:

“If a fraud examiner gets a verbal confession from the fraudster, it does not matter whether the fraudster claims his conduct was an accident. The following items of information should be obtained … admission that the accused knew the conduct was wrong, facts known only to the confessor, the accused’s motive, approximate dates, involvement of others, physical evidence, and disposition of illicit income.”

Thus, the examiner does not need a statement about accident.

This question tests your knowledge of Domain 1.

In the context of Overview of the Legal System, specifically relating to civil, common law, the question asks about MOST LIKELY.

The correct answer is B: Civil law.

This question relates to the legal system framework. Understanding the distinction between different legal systems and processes is crucial for fraud examiners. The correct answer accurately describes the relationship between different legal entities and their jurisdictions.

This question tests your knowledge of Domain 9.

In the context of Civil Actions, specifically relating to trial, alternative dispute, the question asks about the different types of alternative dispute resolutions is CORRECT, CORRECT.

The correct answer is A: In a mediation session, the mediator tries to help the parties reach a settlement..

This question focuses on civil action processes. The correct answer accurately describes civil litigation procedures, evidence preservation, or remedies available to fraud victims. Civil recovery is often an important component of fraud resolution.

“Alibis generally can be diffused by displaying physical evidence… evidence should be displayed one piece at a time, in reverse order of importance”【16:2014 International Fraud Examiners Manual.pdf†L11-L14】.

The Prep Guide warns: “The proper technique is not to lay it all out at once” .

Thus, showing everything at once is the least effective.

The records are digital evidence because Myra discovered them during a review of records stored on a computer hard drive. Digital evidence consists of information stored or transmitted in electronic form and can include documents, logs, spreadsheets, emails, databases, metadata, and other computer-based files. Although the content might function like a document, its form and preservation issues make it digital evidence. This distinction matters because digital evidence is more volatile than traditional paper documents and must be collected, preserved, imaged, and analyzed using proper forensic procedures. Analog evidence is not the correct term, and “virtual evidence” is not the standard classification used in the CFE materials. Therefore, the best answer is digital evidence.

Social media content is dynamic—posts can be edited, deleted, or moved—so fraud examiners must preserve relevant information promptly and in a manner that supports authenticity and admissibility. CFE investigative guidance emphasizes that documentary (including digital) evidence carries limited value in legal proceedings unless it can be shown to be authentic and in substantially the same condition as when collected. Simply saving a link (Option A) is weak because the underlying content can change, and a link does not preserve what was actually observed. Requesting a copy from the platform (Option B) is often impractical as a routine step and may require legal process; it also does not replace contemporaneous preservation by the examiner. A “forensic shutdown” (Option C) is not an appropriate method for preserving web-based social media content because the key evidence exists on external servers, not solely on the examiner’s machine. Proper practice is to download/capture and preserve what was observed while documenting the collection steps and maintaining a defensible chain of custody so authenticity can be established if needed in court.