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ACFE Certified Fraud Examiner Sample Questions (Q37-Q42):

NEW QUESTION # 37
Which of the following is the MOST ACCURATE statement about serf-regulatory organizations (SROs) in the securities industry?

A. An SRO is a governmental entity that exercises regulatory authority over the securities industry in its jurisdiction
B. An SRO generally has sole regulatory authority over the securities industry in the jurisdiction in which it operates
C. In most jurisdictions. SROs are prohibited from participating in the resolution of disputes related to securities transactions
D. In some jurisdictions SROs establish the standards and rules under which members of the securities industry operate

Answer: D

Explanation:
This question tests your knowledge of Domain 4.
In the context of Securities Fraud, specifically relating to securities, SRO, the question asks about MOST ACCURATE, serf-regulatory organizations (SROs) in the securities industry.
The correct answer is D: In some jurisdictions SROs establish the standards and rules under which members of the securities industry operate.
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. Self-regulatory organizations (SROs) play an important role in the securities industry by establishing standards and rules for their members, but they typically operate under the oversight of government regulators rather than having sole authority.
References:
- CFE Exam Content Outline: Domain 4: Securities Fraud
- securities
- SRO
- Fraud Examiners Manual, Law Section

NEW QUESTION # 38
Which of the following is required for a contract, transaction, or scheme to qualify as an investment contract?

A. The investment is in a common enterprise.
B. The investment activity is managed solely by the efforts of the investor and no others.
C. The investment must be made in cash.
D. The investment must not have been made with expectations of making a profit.

Answer: A

Explanation:
This question tests your knowledge of Uncategorized.
the question asks about the core concepts in this area.
The correct answer is C: The investment is in a common enterprise..
This question tests your understanding of key fraud examination concepts and legal principles.

NEW QUESTION # 39
Mary and Keith live in different countries. Mary believes she has a legal cause of action against Keith.
Because Keith is the defendant, he may file the lawsuit in any court, in either of the countries where he or Mary lives.

A. False
B. True

Answer: A

Explanation:
The correct answer is B. False. A defendant does not ordinarily file the initial lawsuit. In a civil action, the plaintiff-here, Mary-is the party who begins the case by filing a complaint or similar pleading in a court that has proper jurisdiction. The CFE Law materials explain that civil actions generally begin with the filing of a pleading by the plaintiff, usually in the jurisdiction where the defendant resides or where the claim arose.
That directly contradicts the statement in the question.
The statement is also inaccurate because a lawsuit cannot simply be filed in any court in either country. A proper court must have jurisdiction over the parties and the subject matter, and venue rules must also be satisfied. In cross-border disputes, those issues can become even more complex, especially where the parties live in different countries. The core error, however, is enough to make the statement false: Keith, as the defendant, does not get to initiate the case merely because he is the defendant. Mary, as the party claiming legal relief, would normally be the one to file. Therefore, under basic civil procedure principles used in the CFE Law topics, the answer is False.

NEW QUESTION # 40
Which of the following is true regarding the authentication of evidence in most common law systems?

A. A party can introduce authenticated exhibits as evidence at trial even if the items are not relevant.
B. Digital records cannot be authenticated through a written certification by the custodian of records.
C. For evidence to be authenticated, it must be reviewed and voted on by a jury.
D. The purpose of authentication is to show that the evidence is what the party claims it is.

Answer: D

Explanation:
The correct answer is A. In common law systems, authentication is the process of showing that an item of evidence is what the proponent claims it is. Federal Rule of Evidence 901 states that to satisfy the authentication requirement, the party offering the evidence must produce enough proof to support a finding that the item is what that party claims. This is the core purpose of authentication.
Option B is incorrect because records, including many digital records, can often be authenticated through testimony or certification from a person with knowledge, such as a custodian of records, depending on the applicable rule and context. Option C is wrong because authentication is not something that must be
"reviewed and voted on" by a jury as a prerequisite; it is an evidentiary foundation issue generally handled by the court. Option D is also incorrect because even properly authenticated evidence must still be relevant to be admissible. Authentication and relevance are separate requirements, and satisfying one does not eliminate the need for the other. For CFE purposes, the essential idea is that authentication establishes genuineness and identity, so A is the correct answer.

NEW QUESTION # 41
Which of the following, if available, would help an organization recover losses from an instance of internal fraud?

A. Customer liability policy
B. Privilege insurance
C. Fidelity insurance
D. Deposition

Answer: C

NEW QUESTION # 42
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