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Question # 4

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?

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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Question # 5

Jackson believes he has a legal cause of action against Alice, who lives in a foreign country. The fact that Jackson is the plaintiff allows him to bring the lawsuit against Alice in any court in the country where he lives.

A.

True

B.

False

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Question # 6

Which of the following statements about civil actions in most jurisdictions is CORRECT?

A.

The plaintiff's complaint must typically contain a copy of all documents that might be relevant to the case.

B.

Civil actions begin with the filing of a pleading, usually in the jurisdiction where the defendant resides or where the claim originated.

C.

The plaintiff's complaint does not need to state the grounds for legal relief.

D.

All of the above are correct.

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Question # 7

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'?

A.

Adversarial process

B.

Substantive law process

C.

Inquisitorial process

D.

Common law process

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Question # 8

During an internal investigation Todd a Certified Fraud Examiner (CFE) interviewed Janessa a fraud suspect Although Janessa wanted to leave in the middle of the interview, Todd blocked the exit and prevented her from leaving Janessa subsequently confessed to committing fraud If under these facts Janessa files a lawsuit (or false imprisonment against Todd, Todd will likely

A.

Win the case because he is protected under the qualified business privilege

B.

Lose the case if a trier of fact concludes that he restrained Janessa without consent or legal justification

C.

Lose the case because janessa did not leave the interview

D.

Win the case if he did not know the conduct was illegal

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Question # 9

Which of the following statements is TRUE regarding criminal proceedings and discovery in adversarial jurisdictions?

A.

Most criminal proceedings are divided into pretrial, investigative and trial phases

B.

Parties typically cannot request evidence from each other until after the trial begins.

C.

The majority of criminal discovery usually occurs before the trial begins.

D.

The judge is the primary driver of the discovery process in criminal proceedings.

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Question # 10

Which of the following is a method of disguising money acquired from illegal sources by recording more income on a business's books than the business actually generates?

A.

Overstating revenues

B.

Reporting real estate purchases

C.

Recording but not depositing revenue

D.

None of the above

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Question # 11

Mya has been retained as an expert witness to provide testimony for a trial. Which of the following statements describes the primary purpose of Mya's testimony?

A.

Mya will assist the fact finder by drawing conclusions regarding the accused's guilt or innocence.

B.

Mya will assist the fact finder by providing specialized knowledge on the admissibility of evidence in the case.

C.

Mya will assist the fact finder by drawing conclusions on the credibility of other witnesses.

D.

Mya will assist the fact finder by providing specialized knowledge that will help them understand evidence.

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Question # 12

Regarding the litigation privilege in common law jurisdictions, which of the following is the MOST ACCURATE statement?

A.

The litigation privilege prevents disclosure of documents prepared in anticipation of litigation.

B.

The litigation privilege does not protect communications made by third-party agents, such as consultants.

C.

The litigation privilege prevents disclosure of documents entered as evidence during the course of litigation.

D.

The litigation privilege protects all communications related to a case, regardless of when they occurred.

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Question # 13

Smith, a Certified Fraud Examiner (CFE). works for the ABC Company, a private entity that operates w\ a jurisdiction with civil laws for defamation, invasion of privacy. and conflict of interest Smith seizes and searches the personal smartphone of Green an employee of ABC even though Green was not suspected of any wrongdong Assuming that Green had a reasonable expectation of privacy in the smartphone and Smith conducted the search without a legitmate interest or authority, under which of the following claims would Green MOST LIKELY be able to recover damages against Smith?

A.

Slander

B.

Intrusion into Green's private matters

C.

Public disclosure of private facts

D.

Conflict of interest

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Question # 14

Which of the following is generally one of the goals of deferred prosecution agreements?

A.

To help reduce the risk of future illegal practices by an organization accused of misconduct.

B.

To save trial resources by getting the defendant to plead guilty to a less serious offense.

C.

To postpone prosecution until a company conducts an adequate internal investigation.

D.

To increase the likelihood of conviction if a company is accused of subsequent misconduct.

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Question # 15

Which of the following is the MOST ACCURATE statement about rules prohibiting securities broker-dealers from making unsuitable recommendations on investments or investment strategies?

A.

A suitability violation occurs when a broker does not carry out a trade requested by or promised to a customer

B.

A suitability violation occurs when a broker recommends an investment or investment strategy that is inconsistent with the client's objectives

C.

A suitability violation occurs when a broker trades in a client's account without obtaining prior approval for making the transaction(s).

D.

A suitability violation occurs when a broker enters into transactions and manages a client's account for the purpose of generating excessive commissions

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Question # 16

Even if a government agent obtains consent to search by force duress or bribery, the consent will still constitute a valid waiver of the consenting party's right to be free from searches.

A.

true

B.

False

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Question # 17

The Financial Action Task Force (FATF) Recommendations advise countries to do all of the following EXCEPT:

A.

Use a risk-based approach when setting anti-money laundering policies

B.

Require financial institutions to keep certain records and establish anti-money laundering policies.

C.

Require financial institutions to monitor their customers' political affiliations.

D.

Enable authorities to trace freeze, and confiscate assets suspected in money laundering and terrorist financing

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Question # 18

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?

A.

Mobile payment scheme

B.

Integration scheme

C.

Reverse deposit scheme

D.

Structuring scheme

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Question # 19

A custodial arrest occurs when a law enforcement officer informs the suspect of their rights as a criminal defendant

A.

True

B.

False

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Question # 20

Which of the following statements concerning civil trials in common law jurisdictions is MOST ACCURATE?

A.

Civil jury trials must have the same number of jurors as in criminal jury trials.

B.

Neither side may appeal an adverse judgment in a civil case

C.

Jury verdicts m civil trials must always be unanimous

D.

in most civil cases, the standard of proof is the preponderance of the evidence

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Question # 21

Which of the following is NOT an element that must be proven to establish a penury offense?

A.

The defendant made a false statement that was material

B.

The defendant made a false statement white under oath.

C.

The defendant made the statement with knowledge of its falsity

D.

The defendant made a false statement in a court of law.

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Question # 22

In most common law jurisdictions, which of the following BEST describes when the duty to preserve evidence begins?

A.

When litigation is reasonably anticipated

B.

When the company receives notice of the lawsuit

C.

When the judge sets the schedule for discovery

D.

When the court orders the party to produce the evidence

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Question # 23

Grant, a fraud examiner is investigating Beatrice for embezzlement on his employer's behalf. During his investigation. Grant learns that Beatrice has cheated on her spouse and he tells several of Beatrice's coworkers about it Beatrice discovers that Grant revealed the unflattering (albeit true) information about her and decides to file a claim of defamation against Grant. Which of the following is the BEST explanation of why Beatrice will not win her defamation case?

A.

The information was true

B.

The communications to the subject's coworkers were privileged

C.

The news was not communicated to enough people

D.

The statement was not printed and distributed

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Question # 24

Claude stole a large amount of cash from his employer and then deposited the funds into a domestic bank account Next, he wired the illicit funds to a foreign bank account and engaged m several other transactions using foreign accounts to make them difficult to trace Finally, he transferred the funds back to a domestic account and then spent the money. Which of the following actions was the layering stage of Claude's money laundering scheme?

A.

When he first deposited the funds into a domestic account

B.

When he first stole the cash from his employer

C.

When he moved the funds through several transactions using foreign accounts

D.

When he spent the money

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Question # 25

Countries A and B both follow the Financial Action Task Force (FATF) Recommendations concerning cross-border transfers of currency Trevor is traveling from Country A to Country B while carrying $16,000 in cash which exceeds Country B's reporting threshold Trevor is required to disclose the amount of currency he is carrying to authorities in Country B.

A.

True

B.

False

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Question # 26

Each day, Rachel purchases $14 500 in bearer instruments with cash from a bank where all currency transactions above 515,000 must be reported to the government Rachets actions are a red flag of which of the following schemes'?

A.

Channel stuffing

B.

Alternative remittance system

C.

Structuring

D.

Real estate laundering

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Question # 27

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?

A.

License suspension

B.

Debarment

C.

License revocation

D.

Disenfranchisement

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Question # 28

Freya, a government contractor, has been convicted of colluding with other contractors to manipulate the competitive bidding process. After her conviction, Freya's name is added to a list of individuals who are prohibited from bidding on government contracts for a period of five years. The administrative penalty that Freya received is BEST described as:

A.

License revocation

B.

Disenfranchisement

C.

Debarment

D.

License suspension

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Question # 29

Which of the following is a legal element that the government must show to prove a cnminal conspiracy?

A.

One of the conspirators knowingly committed an oven act in furtherance of the conspiracy

B.

The conspirators accomplished the purpose of the conspiracy that was initially established

C.

The defendant knew all the details or objectives of the conspiracy

D.

The defendant knew the identity of all the participants in the conspiracy

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Question # 30

Which of the following is MOST LIKELY to affect the rights that an employee may have during an internal investigation?

A.

The likelihood that the case will eventually go to trial.

B.

The existence of a collective bargaining agreement.

C.

The amount of evidence that the employer possesses.

D.

The length of the employee's tenure at the organization.

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Question # 31

The MOST COMMON bankruptcy fraud scheme is:

A.

Forged filing

B.

A planned bustcut

C.

A credit card bustout

D.

Concealment of assets

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Question # 32

Which of the following is one of the three basic options by which organizations can legitimize cross-border transfers of personal information?

A.

Use a third-party transferring service

B.

Obtain approval from a Certified Information Privacy Professional (C PP)

C.

Establish a contract between the entities exchanging the information

D.

Obtain a warrant granting permission to transfer the data

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Question # 33

Which of the following is NOT a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts?

A.

The victim relied on the misrepresentation

B.

The defendant acted negligently

C.

The defendant made a false statement (i, e., a misrepresentation of fact)

D.

The victim suffered damages as a result of the misrepresentation

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Question # 34

Consents to searches by government agents that are obtained by force, duress, or bribery are NOT effective under the law and do NOT eliminate the need for a search warrant.

A.

True

B.

False

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Question # 35

The government filed a avil action against a politician for accepting real estate as a bribe. There is a possibility that the politician could transfer the real estate to a third party before the court enters a final judgment Which type of order should the government seek from the court to prevent the politician from transferring the real estate?

A.

Preservation order

B.

Declaratory relief

C.

Prejudgment attachment

D.

Litigation hold

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Question # 36

Which of the following statements about the International Organization of Securities Commissions (IOSCO) is TRUE?

A.

IOSCO's primary goal is to establish a separate set of securities regulations for securities exchanges in developing nations.

B.

IOSCO is comprised of commissioners and administrators responsible for regulating securities and administering securities laws in their countries.

C.

IOSCO is an international industry association that sets global accounting and financial reporting standards.

D.

IOSCO is responsible for enforcing regulatory standards that govern all international securities markets.

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Question # 37

Which of the following is a red flag that might be indicative of an entity operating a security business without the proper license or registration?

A.

There are justified gaps in the work history of promoters at the entity.

B.

The entity is known to have a history of regulatory problems.

C.

There is a lack of customer complaints against the entity.

D.

The entity's website contains detailed background information.

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Question # 38

A prosecutor died criminal charges against Rosa calming that she stole Juan's personal information and sold his identity on the dark web Juan wants to file a civil lawsuit against Rosa to recover damages arising from the identity theft Can Juan file the civil action before the criminal action against Rosa is completed?

A.

Yes, the evil action can be filed if the jurisdiction permits parallel proceedings.

B.

No, the civil action cannot be filed if the jurisdiction prohibits counterclaims.

C.

Yes, the evil action can be filed if the jurisdiction permits analogous cairns.

D.

No, the civil action cannot be filed if the jurisdiction prohibits double jeopardy.

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Question # 39

Which of the following statements concerning the appointment of expert witnesses at that is accurate?

A.

Generally, the court appoints the primary expert witnesses in inquisitorial jurisdictions.

B.

Generally, only the parties may select expert witnesses in inquisitor jurisdictions

C.

Generally the court selects the primary expert witnesses in adversarial jurisdictions

D.

Generally, only the parties may select experts to introduce testimony in adversarial jurisdictions

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Question # 40

The MAIN PURPOSE for maintaining the chain of custody on an item of evidence is to

A.

Establish that the evidence has not been altered or changed from the time it was collected through its production in court

B.

Verify that the item of evidence has only been handled by court officials prior to its production m court.

C.

event opposing parties from accessing evidence without a court order

D.

Eliminate re need to authenticate the item of evidence in court

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Question # 41

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

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

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Question # 42

Which of the following is required for a contract, transaction, or scheme to qualify as an investment contract?

A.

The investment must not have been made with expectations of making a profit.

B.

The investment must be made in cash.

C.

The investment is in a common enterprise.

D.

The investment activity is managed solely by the efforts of the investor and no others.

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Question # 43

Under the World Bank Principles for Effective Insolvency and Credit/Debtor Regimes (World Bank Principles), which of the following parties should administer the debtor's estate in liquidation bankruptcy proceedings?

A.

The jurisdiction's commerce department or equivalent agency

B.

The creditor with the largest claim against the debtor

C.

The debtor, supervised by an independent insolvency representative

D.

An independent insolvency representative

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Question # 44

Company A sued Company B to recover damages tor the breach of a contract. In the same proceeding Company B sought damages for an allegation that Company A fraudulently induced Company B into entering the contract In this case what would Company B's claim against Company A be called?

A.

Cross-claim

B.

Collateral attack

C.

Reversal

D.

Counterclaim

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Question # 45

Robert, a Certified Fraud Examiner (CFE), wants to ensure that the authenticity of the evidence he collected during his investigation is not compromised. His main objective should be to:

A.

Limit access to the evidence to judicial officials prior to trial proceedings.

B.

Prevent all other parties from obtaining physical control of the evidence.

C.

Establish a clear chain of custody to show that the evidence has not been altered.

D.

Only alter or materially change the evidence himself if absolutely necessary.

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Question # 46

Which of the following scenarios MOST ACCURATELY represents a suitability violation in a jurisdiction that imposes a suitability requirement on broker-dealers?

A.

A broker-dealer is unfamiliar with their client's risk appetite, so they refuse to make any investments on the client's behalf without additional information.

B.

A broker-dealer learns about a promising investment and recommends it to their new client without knowing the client's relevant personal and financial information.

C.

A broker-dealer makes an extremely conservative recommendation to a client that aligns with their risk profile and financial information.

D.

A broker-dealer makes an investment for a client without first obtaining the client's approval to make that specific transaction on their behalf.

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Question # 47

Which of the following choices is a method of pretrial civil discovery that is often found in common law jurisdictions?

A.

Injunctions

B.

Production writs

C.

Indictments

D.

Affidavits of documents

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