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Which of the following is a legal element that the government must show to prove a cnminal conspiracy?
Answer : C
This question tests your knowledge of Domain 2.
In the context of The Law Related to Fraud, specifically relating to conspiracy, the question asks about the core concepts in this area.
The correct answer is C: The defendant knew all the details or objectives of the conspiracy.
This question addresses fraud-related laws. The correct answer identifies the proper legal concept or violation that applies in the described scenario. Fraud examiners must understand these legal principles to properly identify and address fraudulent activities.
- CFE Exam Content Outline: Domain 2: The Law Related to Fraud
- conspiracy
- Fraud Examiners Manual, Law Section
Which of the following statements is MOST ACCURATE regarding cross-examination of witnesses in adversarial jurisdictions?
Answer : D
Cross-examination in adversarial systems is designed to test and challenge a witness's testimony. The Fraud Examiners Manual explains that opposing counsel may attempt to control the witness, ask leading or complex questions, exploit weaknesses, and use prior statements or testimony to challenge credibility. A key goal is impeachment, which often involves showing that the witness has contradicted earlier statements or is otherwise unreliable. Option A is more consistent with direct examination, where background information is commonly developed. Option B is incorrect because opposing counsel usually does not ask questions unless the answers will help its case. Option C is wrong because a witness should not evade questions; if a question is complex, the witness should ask that it be rephrased.
Evidence that tends to make some fact that is in dispute more or less likely than it would be without the evidence is called:
Answer : B
The correct answer is B. Relevant evidence. The CFE Manual states that relevant evidence is evidence that tends to make some fact in issue more or less likely than it would be without the evidence. That is the exact definition reflected in the question. In common law systems, relevance is a basic requirement for admissibility, and in civil law systems relevance also affects whether the judge will consider the evidence useful in resolving the dispute.
Option A, authentic evidence, refers to evidence that accurately represents the fact or situation it is offered to prove or disprove. Authenticity deals with whether the item is genuine, not whether it makes a disputed fact more or less probable. Option C, direct evidence, is evidence that proves or disproves a fact directly, such as eyewitness testimony or a confession. Option D, real evidence, refers to tangible physical evidence involved in the matter.
Because the question asks for the term describing evidence that affects the probability of a disputed fact, the proper legal term is relevant evidence. Therefore, B is the correct answer.
Bobbie, a fraud examiner, is preparing to interview Craig, a close friend and coworker of the primary suspect in the case. Craig has been described by others as "easily angered" and "intense" How should Bobbie approach her interview of Craig?
Answer : B
When dealing with potentially hostile or volatile interviewees, fraud examiners are advised not to give much advance notice. This reduces the chance that the subject will prepare evasive or combative responses. The Fraud Examiners Manual emphasizes minimizing preparation time for resistant interviewees to ensure more candid responses.
Lmdsey, a Certified Fraud Examiner (CFE). has been retained to investigate allegations of bribery and kickbacks allegedly committed by a member of an organization's procurement department. Lindsey conducts an interview during which one of the accused's colleagues states that they overheard the accused discussing a free tnp received from one of the organization's vendors. Which type of evidence would the interviewee's statement be considered?
Answer : B
The Fraud Examiners Manual defines:
''Testimonial evidence is that evidence which is presented in the form of witness statements, whether oral or written, offered in response to questions'' (Fraud Examiners Manual -- Evidence section).The colleague's statement overhearing a conversation is testimonial evidence.
