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NEW QUESTION # 26
Which of the following is NOT required for a contract transaction or scheme to be classified as an investment contract?
- A. Profits derived solely from the investor's management activity
- B. The expectation of making a profit
- C. An investment of money or other asset
- D. investment m a common enterprise
Answer: A
NEW QUESTION # 27
Which of the following describes the purpose of an expert witness testimony at trial?
- A. None of the above
- B. To give a firsthand account of the fads of the case on the record
- C. To give an opinion when the fact finder needs specialized knowledge
- D. To offer an opinion as to a party's guilt or innocence
Answer: C
NEW QUESTION # 28
Greg is serving as an expert witness and is being cross-examined at trial. The questioning party gets Greg to state that he spent considerable time working on a certain issue in the case. Then the questioning party asks many questions on a tangential issue in the case that Greg knows little about. Which of the following describes the questioning party's method?
- A. Personal attack
- B. Bias
- C. Myopic vision
- D. Sounding board
Answer: C
NEW QUESTION # 29
Ethan a U S resident, is running a Ponzi scheme As part of the scheme, he uses the U S mail system to send promotional materials to potential victims in France If the US government decides to prosecute Ethan, which of the following would provide the MOST LIKELY basis for the charges?
- A. Communications fraud
- B. Wire fraud
- C. Insider trading fraud
- D. Mail fraud
Answer: D
NEW QUESTION # 30
Before her criminal trial for embezzlement Monique contacts witnesses against her and offers to pay them if they change their stories Based on her actions the government would MOST LIKELY bring additional charges against Monique for:
- A. Fraudulent misrepresentation
- B. Judicial extortion
- C. Conspiracy to influence the court
- D. Obstruction of justice
Answer: D
NEW QUESTION # 31
Which of the following is generally NOT one of the goals of deferred prosecution agreements?
- A. To allow prosecutors to resolve a case while still punishing malfeasance
- B. To reduce the risk of illegal practices at an organization
- C. To postpone prosecution until a company conducts an extensive internal investigation
- D. To get an organization to reform its policies
Answer: C
NEW QUESTION # 32
In most civil law jurisdictions which of the following BEST describes when a party is required to begin taking steps to preserve and produce relevant evidence?
- A. When litigation has started
- B. When the party receives a service of process
- C. When the charging documents are filed
- D. When the court orders such steps to be taken
Answer: A
NEW QUESTION # 33
Which of the following is the MOST ACCURATE statement about the different types of alternative dispute resolution'?
- A. The decisions reached in all arbitrations are always binding
- B. In a mediation session, the mediator decides who should win the dispute at issue
- C. The agreements reached in mediations are generally nonbinding.
- D. In an arbitration proceeding the arbitrator acts as a judge or jury by deciding the dispute at issue on its merits
Answer: A
NEW QUESTION # 34
Which of the following would be direct evidence that the criminal defendant a former cashier for a home improvement store committed a cash larceny scheme that resulted n the theft of more than $5 000 from the store?
- A. A witness testifies that the defendant was almost always the last cashier to leave the store
- B. A coworker testifies that the defendant was acting nervously the day the money was taken
- C. A diagram is used to display the location of the store's registers
- D. A witness testifies that they saw the defendant take the money
Answer: D
NEW QUESTION # 35
Which of the following is a legal element that must be shown to prove a claim for commercial bribery?
- A. The defendant gave or received a thing of value.
- B. The principal suffered damages as a result of the bribe
- C. The defendant acted negligently.
- D. The defendant failed to exercise due care.
Answer: A
NEW QUESTION # 36
Which of the following is NOT a requirement of the European Union's (EU) General Data Protection Regulation (GDPR)?
- A. An organization must delete a data subject's personal data automatically when the data are no longer m use.
- B. An organization generally must notify all affected data subjects without undue delay when a high-risk data breach occurs
- C. An organization must confirm or deny that it possesses a data subject's personal data upon that individual's request
- D. An organization must have a documented lawful basis for collecting or processing personal data.
Answer: D
NEW QUESTION # 37
In common law jurisdictions failing to suspend routine destruction of electronic data can result in sanctions for failure to preserve relevant evidence
- A. True
- B. False
Answer: B
NEW QUESTION # 38
Which of the following statements concerning money services businesses (MSBs) is INCORRECT?
- A. A currency exchange is classified as an MSB.
- B. MSBs are generally less strictly regulated than traditional financial institutions.
- C. A check cashing company is classified as an MSB.
- D. MSBs tend to have a tower money laundering risk than other financial institutions.
Answer: B
NEW QUESTION # 39
In systems using adversarial processes, an attorney may impeach an opposing party's witness by showing that the witness:
- A. Made poor consistent statements
- B. Testified from personal knowledge
- C. Is influenced by bias or self-interest
- D. Has a keen ability to observe
Answer: C
NEW QUESTION # 40
Frederick has multiple high-volume foreign bank accounts. The country he lives in requires him to report such accounts annually for tax purposes but he regularly and intentionally fails to report his accounts in order to reduce the amount of taxes he must pay. Which of the following schemes has Frederick MOST LIKELY committed?
- A. An excise tax evasion scheme
- B. A value-added tax evasion scheme
- C. An income and wealth tax evasion scheme
- D. A tax credit evasion scheme
Answer: C
NEW QUESTION # 41
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