CFE-Law Exam Dumps - ACFE Certified Fraud Examiner Questions and Answers

The correct answer is A. The CFE Manual explains that to recover for intentional infliction of emotional distress, the plaintiff must prove that the defendant engaged in extreme and outrageous conduct, that the defendant acted intentionally or recklessly, and that the victim actually suffered emotional or mental distress as a result of the defendant’s conduct. These core elements match options B, C, and D.

There is no general requirement that the distress must have lasted for at least two years. That time-based condition is not one of the recognized elements listed in the CFE Law section. The Manual instead focuses on the nature of the conduct and the causal connection between that conduct and the victim’s injury. It also notes that the conduct must be sufficiently outrageous to exceed the bounds tolerated by civilized society and that mere insults or ordinary upset are not enough. Additionally, the Manual emphasizes that actionable claims require proof of serious, visible, and provable harm. Still, none of those requirements impose a fixed minimum duration such as two years. Accordingly, A is the only choice that is not a required element of this common law tort.

According to the ACFE Fraud Examiners Manual, Law Section, particularly in discussions related to public corruption and remedies in criminal and administrative proceedings , debarment is an administrative sanction that prohibits an individual or entity from participating in government contracts or programs for a specified period of time. Debarment is commonly imposed after convictions involving fraud, bribery, collusion, or other misconduct affecting the integrity of the procurement process.

In this case, Freya was convicted of colluding to manipulate the competitive bidding process. As a result, she was placed on a list prohibiting her from bidding on government contracts for five years. This exclusion from government contracting is the defining characteristic of debarment. The purpose of debarment is not merely punitive but also protective—it safeguards public funds and ensures that only responsible and ethical contractors conduct business with the government.

License revocation or suspension would involve withdrawing or temporarily removing a professional or business license. Disenfranchisement refers to the loss of voting rights. Neither accurately describes exclusion from government contracting opportunities.

Therefore, the administrative penalty imposed on Freya is best described as debarment.

This question tests your knowledge of Domain 1.

In the context of Overview of the Legal System, specifically relating to common law, the question asks about NOT.

The correct answer is B: The victim was an employee of the defendant.

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.

The correct answer is B. The CFE Manual states that under the ICCPR, everyone accused of a crime shall be presumed innocent until proven guilty according to law. This is one of the core due-process protections recognized in the criminal justice section of the Law materials.

Option A is incorrect because the ICCPR protects the right to a fair and public hearing, not a trial without public disclosure of the results. Option C is also incorrect because the Manual states that the ICCPR gives a convicted person the right to have the conviction and sentence reviewed by a higher tribunal, but it does not provide for unlimited appeals. Option D is too broad because release pending trial is not presented as an automatic right in the way presumption of innocence is. For CFE purposes, the key takeaway is that criminal defendants under the ICCPR are entitled to several important safeguards, and one of the most fundamental is that they must be treated as innocent unless and until guilt is proven according to law. Therefore, B is the correct answer.

This question tests your knowledge of Domain 7.

In the context of Individual Rights During Examinations, specifically relating to employee, privacy, surveillance, workplace, the question asks about MOST LIKELY.

The correct answer is A: A backpack brought from home.

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.

This question tests your knowledge of Domain 2.

In the context of The Law Related to Fraud, specifically relating to misrepresentation, the question asks about NOT.

The correct answer is B: The defendant acted negligently.

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.

This question tests your knowledge of Domain 4.

In the context of Securities Fraud, specifically relating to securities, unsuitable recommendations, the question asks about MOST ACCURATE, rules prohibiting securities broker-dealers from making unsuitable recommendations on investments or investment strategies.

The correct answer is D: A suitability violation occurs when a broker enters into transactions and manages a client ' s account for the purpose of generating excessive commissions.

This question tests knowledge of securities fraud and regulation. The correct answer accurately describes the role of regulatory bodies, securities laws, or fraud schemes in this context. Securities fraud is a specialized area requiring knowledge of specific regulations and oversight mechanisms.

The correct answer is D. Banking and accounting requirements and practices. Under the CFE Law topics addressing anti-bribery and corruption, the OECD Recommendation focuses heavily on strengthening the systems that help detect, prevent, and document improper payments to foreign public officials. A core part of that framework is the improvement of banking transparency, accounting standards, recordkeeping, internal controls, and audit-related practices. These areas are critical because bribery is often concealed through false entries, off-the-books accounts, sham invoices, disguised consulting fees, or misleading payment descriptions.

This emphasis is consistent with the fraud examiner’s role in identifying how corrupt payments move through an organization’s financial systems. By improving accounting and banking requirements, member states make it harder for individuals and entities to hide bribes and easier for investigators to trace suspicious transactions. The other choices are not the primary focus of the Recommendation in this context. Public safety and public health are unrelated to the OECD’s principal anti-bribery infrastructure goals, and although criminal laws are important, the Recommendation is especially known for encouraging stronger financial reporting and accounting controls as anti-corruption tools. Therefore, D is the most accurate choice.

The correct answer is C. The CFE Manual states that in most jurisdictions, a duty to cooperate exists in every employer-employee relationship, although the precise scope of that duty can vary. In a private-company internal investigation, an employee who is asked to participate will therefore likely have a duty to cooperate as part of the employment relationship.

Option D is incorrect because the Manual specifically explains that the right to remain silent generally applies when a person is being questioned by government authorities or someone acting on the government’s behalf, not when the questioning is conducted by a private employer acting on its own. As a result, the right to remain silent generally does not apply in internal investigations by private companies, and employers can often discipline or even terminate employees who refuse to cooperate. Option B is too broad because, although employees may have some privacy rights, those rights do not generally allow them to categorically refuse all cooperation in a private internal investigation. Option A is also inaccurate because employee duties are not unlimited; requests still must be evaluated in context and can vary by jurisdiction. Therefore, the most accurate statement is that Payne likely has a duty to cooperate as part of the employer-employee relationship.

This question tests your knowledge of Domain 7.

In the context of Individual Rights During Examinations, specifically relating to employee, whistleblower, the question asks about Allison is CORRECT, CORRECT.

The correct answer is C: Alison cannot be fired for informing the government of her employee’s fraud.

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.