CFE- Law

In the United States, Miranda warnings are required only if a person is being interrogated by public authorities in a custodial setting. A. True B. False

True

A qui tam suit is a suit in which a private individual sues on the government's behalf to recover damages for criminal or fraudulent actions. A. True B. False

True A qui tam suit is one in which a private individual sues on behalf of the government to recover damages for criminal or fraudulent actions committed against the government. It is a civil, not a criminal, suit.

Green has been hired as an expert witness in a U.S. civil case. He may be required to file a written report. This report would include not only his opinions regarding the case but also a list of publications he has authored in the preceding ten years and a list of cases in which he has testified in the previous four years. A. True B. False

True.

In an arbitration proceeding, the arbitrator acts as a judge or jury by deciding the case on its merits. A. True B. False

True.

In the United States, the best approach a company can take to protect its right to search workplace areas and reduce its potential liability for privacy violations involving improper searches and seizures is to give employees a written policy that puts employees on notice that the workplace is not private and require employees to sign it. A. True B. False

True.

The U.S. attorney work-product doctrine applies only to documents and things prepared in anticipation of litigation or for trial. A. True B. False

True.

The UK Bribery Act has a broader application than the U.S. Foreign Corrupt Practices Act (FCPA) because, unlike the FCPA, it makes commercial bribery a crime. True or False

True.

Rather than going to trial, the majority of criminal defendants in the United States accept the charges and agree to a specified sentence. A. True B. False

True. About 90% of criminal defendants never go to trial, opting instead for a deal

If you want to determine whether U.S. constitutional protections apply to employees involved in an internal investigation, you should first determine whether or not _____________ is involved. A. Criminal activity B. Investigative suspicion C. Probable cause D. State action

State action. State action is involved during any investigation by a state or federal entity, including investigations of its own employees. But state action can also involve private individuals and companies.

Evidence that proves or disproves facts by inference is called direct evidence. A. True B. False

False. Circumstantial - by inference

Which of the following financial institutions is NOT considered a money services business (MSB)? A. A check cashing company B. A currency exchange C. A depository investment bank D. A prepaid access card provider

A depository investment bank. Money services business (MSB) is a term used with growing frequency to define a regulatory class of non-depository financial service providers that transmit or convert money.

Which of the following statements concerning the use of the Fifth Amendment privilege against self-incrimination is MOST ACCURATE? A. A party can raise the Fifth Amendment privilege in civil proceedings, but that individual's refusal cannot be disclosed to the jury. B. The Fifth Amendment privilege can be raised with equal effectiveness in criminal and civil proceedings. C. The Fifth Amendment privilege can be raised in criminal proceedings but not civil proceedings. D. A party can raise the Fifth Amendment privilege in civil proceedings, but that individual's refusal may be disclosed to the jury.

A party can raise the Fifth Amendment privilege in civil proceedings, but that individual's refusal may be disclosed to the jury.

In a bankruptcy proceeding, which of the following statements regarding secured interests is TRUE? A. A claim is considered a secured claim if it is more than one year old. B. A creditor's claim is considered unsecured if the debt is secured by property that is worth less than the amount of the debt. C. If the debtor files a bankruptcy petition, an automatic stay allows the secured creditor to repossess the secured property. D. A secured creditor holds a claim for which there is a properly perfected security interest.

A secured creditor holds a claim for which there is a properly perfected security interest.

Which of the following is a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts? A. The victim suffered damages as a result of the misrepresentation B. The defendant knew the representation was false C. The victim relied on the misrepresentation D. All of the above

All of the above

Which of the following is an element that must be proven to establish a perjury offense? A. The defendant made a false statement while under oath B. The defendant made the statement with knowledge of its falsity C. The defendant made a false statement that was material D. All of the above

All of the above

A criminal wants to launder money by sending it to a co-conspirator in a foreign country. Rather than sending funds through a financial institution, the party pays Broker A the funds, and Broker A then directs Broker B, who lives in the foreign country, to pay the co-conspirator. Later, Broker A offsets the debt to Broker B by paying someone at the direction of Broker B. Which of the following best describes this payment scheme? A. Alternative remittance system B. Back-to-back loan C. Prepaid access D. Money services business

Alternative remittance system

Which of the following accurately describes the requirements for filing a Report of Foreign Bank and Financial Accounts (FBAR) in the United States? A. An FBAR must only be filed if any single foreign financial account owned or controlled by a citizen has a balance over $25,000. B. An FBAR must only be filed if any single foreign financial account owned or controlled by a citizen has a balance over $10,000. C. An FBAR must only be filed if the aggregate balance of all foreign financial accounts owned or controlled by a citizen is over $25,000. D. An FBAR must be filed if the aggregate balance of all foreign financial accounts owned or controlled by a citizen is over $10,000.

An FBAR must be filed if the aggregate balance of all foreign financial accounts owned or controlled by a citizen is over $10,000. (accurately describes : aggregate balance)

Which of the following statements regarding the General Data Protection Regulation (GDPR) is MOST ACCURATE? A. An organization is not required to confirm or deny its possession of a data subject's personal data, even upon request. B. An organization must immediately notify all data subjects affected by a data breach, regardless of the breach's severity. C. An organization must always delete a data subject's personal information upon that individual's request. D. An organization must inform data subjects that they can withdraw their consent for the collection of data at any time.

An organization must inform data subjects that they can withdraw their consent for the collection of data at any time.

According to Rule 702 of the U.S. Federal Rules of Evidence (FRE), expert testimony is intended to: A. Assist in proving and establishing one essential circumstance among many others B. Assist the trier of fact to understand the evidence or to determine the fact in issue C. Provide evidence based on personal knowledge and perceptions of the events at issue D. None of the above

Assist the trier of fact to understand the evidence or to determine the fact in issue.

Which of the following investments are commonly recognized as securities? A. Retirement plans B. Bonds C. Fixed insurance policies D. All of the above

Bonds.

Which of the following U.S. laws prohibits deceptive and fraudulent practices commonly used in email? A. The Computer Fraud and Abuse Act B. Gramm-Leach-Bliley Act C. CAN-SPAM Act D. USA PATRIOT Act

CAN-SPAM Act The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) commonly used- c and c

A report by a Certified Fraud Examiner (CFE) states that $11,354.56 was withdrawn without authorization from the plaintiff's business on December 3, and, on December 6 of the same year, $11,354.56 was deposited into an account owned by the defendant. During a criminal trial for theft against the defendant, the government introduces this information as evidence of the defendant's guilt. What type of evidence is the information contained in this report? A. Inferential evidence B. Circumstantial evidence C. Indirect evidence D. None of the above

Circumstantial evidence

In a particular country, the judicial system involves courts applying laws from codified statutes to each case. The court is not required to consider previous similar court decisions when deciding legal issues. Which of the following best describes this judicial system? A. Common law system B. Precedential law system C. Civil law system D. Statutory law system

Civil law system Civil law systems apply laws from an accepted set of codified principles or compiled statutes. Individual cases are then decided in accordance with these basic tenets. Under a civil law system, judges or judicial administrators are bound only by the civil code and not by the previous decisions of other courts. In deciding legal issues, a civil law judge applies the various codified principles to each case.

Which of the following best describes the primary source(s) of law in civil law jurisdictions? A. Codified principles or statutes B. Judge-made law C. A combination of judge-made law and codified principles or statutes D. None of the above

Codified principles or statutes Civil law systems apply laws from an accepted set of codified principles or compiled statutes. Individual cases are then decided in accordance with these basic tenets. Under a civil law system, judges or judicial administrators are bound only by the civil code and not by the previous decisions of other courts. In deciding legal issues, a civil law judge applies the various codified principles to each case.

Assuming the communications are prepared at the direction of the attorney in anticipation of litigation, which of the following communications between attorneys and experts are protected by the U.S. attorney work-product doctrine under the Federal Rules of Civil Procedure (FRCP)? A. Communications relating to a summary of the expert's initial impressions about the case B. Communications that identify assumptions that the party's attorney provided and that the expert relied on in forming the opinions C. Communications relating to compensation for the expert's study or testimony D. Communications that identify facts or data that the party's attorney provided and the expert considered in forming the opinions

Communications relating to a summary of the expert's initial impressions about the case

The commencement of a civil action in U.S. federal court begins with the filing of a(n): A. Complaint, usually in the jurisdiction in which the defendant resides or where the claim arose B. Information, usually in the jurisdiction in which the plaintiff resides C. Indictment, usually in the jurisdiction in which the defendant or plaintiff resides or where the claim arose D. Writ, usually in the jurisdiction in which the defendant resides

Complaint, usually in the jurisdiction in which the defendant resides or where the claim arose.

All of the following are possible defenses to tax fraud allegations EXCEPT: A. There is no tax deficiency B. The taxpayer establishes that they did not have an unrestricted right to the income C. The taxpayer establishes that an objectively reasonable position was taken D. Death of the taxpayer

Death of the taxpayer. Not possible because taxes owed go to deceased taxpayer's estate- liable

Which of the following outcomes to criminal allegations of fraud against an organization occurs when prosecutors agree not to prosecute claims as long as the organization reforms its practices and reduces the risk of illegal activities? A. Judgment notwithstanding the verdict B. Plea of no contest C. Deferred prosecution agreement D. Plea bargaining agreement

Deferred prosecution agreement

Henry is a defendant in a civil lawsuit. During the pretrial discovery process, Henry meets with the opposing party's counsel at his legal office, and the attorney asks Henry various questions concerning the case. The testimony is sworn, and it can later be used at trial. Which of the following best describes this type of discovery? A. Inspection B. Deposition C. Prediscovery disclosure D. Responses to interrogatories

Deposition

Michael Caston, a fraud suspect, confesses to a fraud. During Caston's trial for the fraud, the government introduces the confession as evidence of Caston's intent to commit the fraudulent act for which he is charged. What type of evidence is Caston's confession? A. Character B. Circumstantial C. Testimonial D. Direct

Direct

Evidence seized in U.S. criminal investigations in violation of the Fourth Amendment falls under the: A. Exclusionary rule B. Best-evidence rule C. Invalidation rule D. None of the above

Exclusionary rule. evidence seized in violation of the Fourth Amendment will be suppressed—that is, it becomes inadmissible—in any criminal prosecution against the suspect except under a few limited exceptions evidence - exclusionary (e/e)

Gray, a private investigator working in the United States, illegally searched the house of a fraud suspect. Gray is guilty of violating the suspect's Fourth Amendment rights. A. True B. False

False

If an attorney shares client communications that are confidential and subject to the U.S. attorney-client privilege with an outside consultant hired to help provide legal advice to the attorney's client, the client will automatically lose any protection the attorney-client privilege provided over the communications. A. True B. False

False

Only a defendant may appeal an adverse final judgment in a U.S. civil case. A. True B. False

False

The U.S. attorney work-product doctrine protects documents and materials prepared by an attorney, but its protection does not extend to documents and materials prepared by any consultants the attorney hires. A. True B. False

False

In a jurisdiction that features an inquisitorial judicial process, the parties primarily drive the evidence-gathering portion of judicial proceedings and conduct the questioning of witnesses. A. True B. False

False An inquisitorial process refers to a fact-finding approach that places the primary responsibility of discovering evidence on the presiding judge. In an inquisitorial process, the primary goal is to find the truth. Rather than serving as a referee over the parties' production of evidence, the judge is actively involved in discovery. For instance, judges may request relevant documents on their own accord and ask factual questions of witnesses themselves. As a result, attorneys play a smaller role in the evidentiary process than in an adversarial process.

In the United States, bankruptcy cases can be filed at either the federal or state level. A. True B. False

False Bankruptcy is a federal court process in the United States. All bankruptcy cases are filed in federal court, and many are filed in the local district of the U.S. bankruptcy court. U.S. district courts have jurisdiction over bankruptcy proceedings.

After a civil jury trial in the United States, only the losing side may appeal from an adverse verdict. A. True B. False

False.

Black, a Certified Fraud Examiner (CFE) working in the United States, is interviewing Blue, a fraud suspect. During the interview, Black tells Blue that if she confesses, she might get more lenient treatment. Blue then confesses. Blue's confession will not be admissible in court because Black's statement about leniency will be considered an improper inducement. A. True B. False

False.

In most common law systems, a party can introduce relevant exhibits as evidence in trial even if the items are not established as authentic. A. True B. False

False.

In the United States, Rule 10b-5 makes it a crime to inadvertently provide non-material information when engaging in transactions involving the purchase or sale of securities. A. True B. False

False.

To recover for a claim of false imprisonment, a plaintiff must show that the defendant knew they had no legal right to restrain the plaintiff's physical liberty. A. True B. False

False.

Sheila is a defendant in a U.S. criminal case. Her defense team has requested no evidence from the prosecution during pretrial discovery. The prosecution, however, requests that the defense team turn over its relevant documents and tangible objects. At this point, Sheila's defense team must turn over the requested items. A. True B. False

False. Defense- entitled to evidence Prosecution- not entitled to evidence

In the United States, the Securities Trading Commission (STC) is responsible for overseeing all self-regulatory organizations (SROs) in the securities industry and shares regulatory responsibility with them. A. True B. False

False. The U.S. securities and futures markets are regulated through a combination of self-regulation by self-regulatory organizations (SROs) and direct federal regulation.

In the United States, the securities industry is only regulated at the federal level. A. True B. False

False. federal and state

For a financial instrument to be classified as an investment contract, and therefore, a security, under the U.S. Howey test, the instrument must be purchased by investors who display management activity in the instrument's enterprise and have expectations of making profits that are to be derived from their own efforts. A. True B. False

False. led to expect profits solely from the efforts of" someone other than the investor

The U.S. Trustee Program (USTP) is responsible for hearing all bankruptcy cases and prosecuting individuals who commit bankruptcy fraud. A. True B. False

False. In the United States, the Federal Bureau of Investigation (FBI) investigates bankruptcy crimes, and the U.S. Attorney's Office prosecutes them.

The Financial Action Task Force (FATF) Recommendations provide that countries should take certain measures to reduce the prevalence of money laundering and terrorist financing, but they do not specifically advise countries to criminalize such activities. A. True B. False

False. The Financial Action Task Force (FATF) is an intergovernmental body that was established at the G-7 Summit in 1989. Its purpose is to develop and promote standards and policies to combat money laundering and terrorist financing at both the national and international levels.

During a bankruptcy investigation in the United States, the bankruptcy trustee can request documents from third parties (such as banks and customers) but cannot compel the third parties to produce the documents. A. True B. False

False. To fulfill their fiduciary investigative responsibilities, U.S. trustees need to gather financial information.

The operation of alternative remittance systems involves inherently illegal activities. A. True B. False

False. Transferring funds in this manner is not necessarily illegal (although some jurisdictions require brokers to register with the government).

Generally, in a U.S. civil case, plaintiffs must prove their case beyond a reasonable doubt. A. True B. False

False. civil - by preponderence of evidence (only slightly more evidence in favor than against) criminal - beyond reasonable doubt

Which of the following statements concerning the federal court system in the United States is FALSE? A. Most appeals from federal district court are heard in the Court of Appeals of that geographic circuit. B. Each federal district has a chief prosecutor and a staff of assistant prosecutors. C. Federal district courts are divided into low-level courts and high-level courts. D. There are three tiers of courts in the federal court system.

Federal district courts are divided into low-level courts and high-level courts.

A __________ is a tax return that is incorrect on its face or one that does not contain enough information to determine the tax liability. A. Fraudulent tax return B. Negligent tax return C. Deficient tax return D. Frivolous tax return

Frivolous tax return In the United States, taxpayers who file frivolous tax returns—returns that are incorrect on their face or that do not contain enough information to make tax liability determinations—or act on frivolous positions may be subject to civil penalties.

Which of the following statements about general partners is CORRECT? A. General partners assume liability for the partnership's debts but have no management responsibility for the enterprise. B. General partners have management responsibility for the enterprise but assume no liability for the partnership's debts. C. General partners have management responsibility for the enterprise and assume liability for the partnership's debts. D. General partners cannot incur obligations on behalf of the partnership.

General partners have management responsibility for the enterprise AND assume liability for the partnership's debts. Thus, a general partner has unlimited personal liability. Also, in a GP, the partners take an active role in the business's operation (i.e., they have management responsibilities).

A party is suing a former employer in U.S. civil court to recover $5 million in damages. Which of the following state courts would most likely preside over this trial? A. Lower-level trial court B. Superior appellate court C. Higher-level trial court D. Appellate court

Higher-level trial court

To determine if an investment contract is a security that is subject to registration in the United States, a court might apply the ________ test. A. Howey B. Frye C. Huey D. Blue Sky

Howey

The U.S. mail fraud statute is most properly characterized as what type of law? A. Substantive B. Procedural C. Common law D. None of the above

Substantive

One of the most common methods of laundering funds is to filter the money through a front business. A front business can be useful to a criminal for which of the following reasons? I. It provides a safe place for organizing and managing criminal activity. II. It provides a base of operations where the comings and goings of large numbers of people will not arouse undue suspicion. III. It is an easy way for the criminal to avoid paying taxes on illegal sources of revenue. IV. The front that does the legitimate business provides cover for delivery and transportation related to illegal activity. A. I, II, and III B. I, II, and IV C. II, III, and IV D. II and IV only

I, II, and IV One disadvantage to this, however, is that launderers usually end up having to pay taxes on their illegal income.

A bustout is a planned bankruptcy. To perpetrate this type of scheme, in which order must the following steps be taken by the underlying business? I. Close and file bankruptcy. II. Purchase large quantities of goods on credit. III. Obtain credit from vendors. IV. Sell the inventory at deep discounts. A. III then II then IV then I B. II then III then IV then I C. III then II then I then IV D. I then IV then III then II

III then II then IV then I File bankruptcy last.

Abel, a fraud examiner, interviewed Beta, a fraud suspect. No other people were present at the interview. During the interview, Abel accused Beta of committing fraud. This accusation later turned out to be erroneous, and Beta sued Abel for damages. Under these facts, which of the following statements is CORRECT? A. If Beta sued Abel for libel, Beta would not recover damages because Abel believed the accusation to be true. B. If Beta sued Abel for defamation, Beta would recover damages because Abel made public statements about Beta's private life on an unprivileged occasion. C. If Beta sued Abel for slander, Beta would not recover damages because Abel did not publish the accusation to a third party. D. If Beta sued Abel for defamation, Beta would recover damages because Abel made an untrue statement of fact on an unprivileged occasion.

If Beta sued Abel for slander, Beta would not recover damages because Abel did not publish the accusation to a third party.

Which of the following statements about civil litigation in the United States is CORRECT? A. In civil trials, the plaintiff usually offers its evidence first. B. In most cases, civil plaintiffs must prove their case by clear and convincing evidence. C. In civil litigation, the arraignment must occur before the judgment. D. The attorneys in civil trials can argue their case when making their opening statements.

In civil trials, the plaintiff usually offers its evidence first.

Which of the following statements about questions of law and fact in U.S. legal proceedings is MOST ACCURATE? A. In most criminal trials, judges decide questions of fact. B. A defendant cannot waive the right to a jury trial. C. In most civil trials, juries decide questions of fact. D. In a bench trial, the judge only decides questions of law.

In most civil trials, juries decide questions of fact.

Which of the following is a method of civil discovery used in U.S. federal court? A. Requests for agreement B. Interrogatories C. Indictments D. Injunctions

Interrogatories

Which of the following statements concerning interrogatories in a U.S. federal civil trial is MOST ACCURATE? A. Interrogatories may not be used to impeach a witness at trial. B. Interrogatories are not binding, and parties may offer testimony that is inconsistent with their previous testimony. C. Interrogatories are for initial discovery purposes only, and responses may not be used as evidence at trial. D. Interrogatories need not be sworn to under oath by the responding party.

Interrogatories are not binding, and parties may offer testimony that is inconsistent with their previous testimony.

Which of the following statements concerning the Bank Secrecy Act (BSA) is MOST ACCURATE? A. It imposes recordkeeping requirements on financial institutions for large, unusual, and suspicious transactions. B. Its primary purpose is to require the federal government to obtain a warrant to access financial information. C. Its primary purpose is to prevent third parties from accessing financial data held by financial institutions. D. It requires financial institutions to report all transactions to the federal government.

It imposes recordkeeping requirements on financial institutions for large, unusual, and suspicious transactions. The Bank Secrecy Act (BSA), which went into effect in the United States in 1970, was the first major piece of legislation aimed at detecting and preventing money laundering. The purpose of the law as stated in Section 5311 is "to require certain reports or records where they have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings."

In cross-examination of an expert witness, the questioning party often will use the "Is it not true?" and "Would you agree with me?" approach. This technique of cross-examination is used to: A. Lull the witness into a feeling of false security. B. Make the witness appear to be a sounding board by generally agreeing with the questioning party's position. C. Confuse the witness in the hope that they might contradict themselves. D. Show that the witness's bias prevents them from objectively considering an issue or situation.

Make the witness appear to be a sounding board by generally agreeing with the questioning party's position. uses the witness as a sounding board to reacquaint the judge or jury with the favorable aspects of the questioning party's theory.

Which of the following statements concerning the alternative dispute resolution process is CORRECT? A. Arbitration decisions are binding until a party challenges the decision in court. B. Arbitration decisions are always binding. C. Mediation agreements are enforceable as binding contracts. D. Mediation agreements are generally nonbinding.

Mediation agreements are enforceable as binding contracts.

Which of the following is a commonly available defense to tax fraud accusations? A. Amending the fraudulently submitted information B. Bankruptcy C. Death of the taxpayer D. Mental illness

Mental illness

Which of the following is an acceptable defense against charges of concealing assets from the bankruptcy process in the United States? A. Creditors had actual knowledge of concealed assets B. Assets were not concealed from all creditors C. Concealed assets were returned to the estate D. None of the above

None of the above

Black, a Certified Fraud Examiner (CFE), discovers a potential fraud at the ABC Company while auditing ABC's procedures. She immediately notifies ABC's in-house counsel. As a result, Black's work up until that point is protected by: A. The employer/employee privilege B. The investigator/client privilege C. The CFE/client privilege D. None of the above

None of the above. Here, even if Black's work was done at the attorney's direction, her work was not prepared in anticipation of litigation because no litigation was actually planned.

In alternative remittance systems, which of the following types of information are typically found in the ledgers that the brokers use to keep track of amounts owed to each other? A. The bank account numbers of the senders and receivers B. The names of the senders C. The names of the receivers D. None of the above

None of the above. without the use of formal banking institutions / characterized by the lack of direct physical or digital transfer of currency from the sender to the receiver

In the United States, a tax preparer can be liable for an understatement penalty if they acted in bad faith and knew or reasonably should have known that a position taken on the return was which of the following? A. Affirmed by previous tax courts B. One that would result in greater tax liability for the client C. One that would result in less tax liability for the client D. Not realistically possible of being sustained on its merits

Not realistically possible of being sustained on its merits

The ________________ is an office within the U.S. Department of the Treasury (the Treasury) charged with administering and enforcing U.S. sanction policies against targeted foreign organizations and individuals that sponsor terrorism and international narcotics traffickers. A. Office of Money Laundering Compliance B. Central Intelligence Agency C. FinCEN D. Office of Foreign Assets Control

Office of Foreign Assets Control

Which of the following money laundering schemes would be classified as depositing, but not recording, revenue? A. Over-reporting revenue at a company to disguise illegal proceeds B. Over-reporting expenses at a company to mask illicit income C. Placing illicit proceeds into a company's account without entering them as a sale D. All of the above

Placing illicit proceeds into a company's account without entering them as a sale

Which of the following is LEAST likely to be subject to the Fourth Amendment's protections against unreasonable searches and seizures? A. Police officers accessing an individual's safe deposit box B. Police officers searching an abandoned car C. Police officers using devices to listen to conversations inside a home D. Police officers searching an individual's home or apartment

Police officers searching an abandoned car

According to the U.S. Federal Rules of Evidence (FRE), which of the following is NOT a basis for a witness to be qualified as an expert? A. Skill B. Education C. Reputation D. Experience

Reputation

There are exceptions for the Fourth Amendment requirement that a police officer must obtain a search warrant before conducting a search in the United States. Which of the following is NOT an exception? A. Searches performed incident to a lawful arrest B. Searches conducted pursuant to a valid, voluntary consent C. Searches where there is "reasonable belief" in the suspect's guilt D. Searches when emergency circumstances exist

Searches where there is "reasonable belief" in the suspect's guilt

Which of the following is the MOST ACCURATE statement about an accused's rights during a grand jury hearing in the United States? A. The accused has a right to confront their accusers in a grand jury hearing. B. The accused has a right to be informed of the jury's deliberations in a grand jury hearing. C. The accused has no absolute right to appear before the jury during a grand jury hearing. D. The accused has a right to be informed of the evidence against them in a grand jury hearing.

The accused has no absolute right to appear before the jury during a grand jury hearing.

During discovery in a U.S. civil case, a party refuses to answer a relevant discovery request on the ground that the information would not be admissible as evidence at trial. The other party asks that the court compel the responding party to answer the request. How should the court rule? A. The court should deny the request to compel because the case might not go to trial at all. B. The court should compel the party to answer because parties are not allowed to withhold any information for any reason. C. The court should compel the party to provide the information because it is relevant to the suit. It does not matter at this stage if it is admissible. D. The court should deny the request to compel because the information is inadmissible.

The court should compel the party to provide the information because it is relevant to the suit. It does not matter at this stage if it is admissible.

Under U.S. federal law, all of the following need to be proven if a charge for a bankruptcy crime is to be sustained EXCEPT: A. Crimes were committed during the pendency of a bankruptcy proceeding. B. The defendant had fraudulent intent to defeat the bankruptcy laws. C. The defendant caused damages to be suffered. D. The defendant had knowledge of the crimes during the pendency of a bankruptcy proceeding.

The defendant caused damages to be suffered.

Which of the following is an element that a plaintiff generally must prove to recover damages for a claim alleging the common law civil wrong for intentional infliction of emotional distress? A. The plaintiff suffered distress that manifested itself for at least two years B. The defendant engaged in extreme and outrageous conduct C. The plaintiff was an employee of the defendant D. All of the above

The defendant engaged in extreme and outrageous conduct

Under Title 18, U.S. Code, Section 1001 (false statements), a statement is false if: A. The defendant knew the statement was untrue when they made it. B. The statement was material. C. The defendant mistakenly provided incorrect information. D. The government was deceived by the misleading information.

The defendant knew the statement was untrue when they made it.

Which of the following must a plaintiff show to recover for a claim of false imprisonment? A. The defendant restrained the plaintiff without consent or legal justification. B. The defendant knew their conduct was illegal. C. The defendant was a law enforcement officer. D. The defendant was not protected under the qualified business privilege.

The defendant restrained the plaintiff without consent or legal justification.

Which of the following MOST ACCURATELY describes the legal elements that must be shown to prove a claim for commercial bribery? A. The defendant, while acting negligently and without the victim's knowledge or consent, gave or received a thing of value that was intended to influence the recipient's action in a business decision. B. The defendant, while acting without due care, gave or received a thing of value that was intended to influence the recipient's action in a business decision, causing their principal to suffer damages. C. The defendant, while acting with corrupt intent, gave or received a thing of value that was intended to influence the recipient's action in a business decision, causing their principal to suffer damages. D. The defendant, while acting with corrupt intent and without the victim's knowledge or consent, gave or received a thing of value that was intended to influence the recipient's action in a business decision.

The defendant, while acting with corrupt intent and without the victim's knowledge or consent, gave or received a thing of value that was intended to influence the recipient's action in a business decision.

Which of the following is NOT a legal element that must be shown to prove a claim for official bribery? A. The recipient was (or was selected to be) a public official. B. The government suffered damages as a result. C. The defendant gave or received a thing of value. D. The defendant acted with corrupt intent.

The government suffered damages as a result.

Which of the following statements about a grand jury hearing in the United States is CORRECT? A. All serious criminal and felony fraud charges must be accomplished by a grand jury indictment. B. The grand jury consists of 6 to 12 people sworn as jurors who meet in public deliberation. C. The accused has an absolute right to appear during a grand jury hearing. D. The grand jury hearing is considered to be a nonadversarial proceeding.

The grand jury hearing is considered to be a nonadversarial proceeding.

What happens if the U.S. Supreme Court denies a petition for a writ of certiorari? A. The parties who are not satisfied with the U.S. Supreme Court's decision must petition a state appellate court to review their case. B. The case automatically goes back to the district court for a new trial. C. The party's case will not be heard on appeal and the decision of the lower court is deemed final. D. The party who filed the writ wins the case.

The party's case will not be heard on appeal and the decision of the lower court is deemed final. In the U.S. federal system, an appeal to the U.S. Supreme Court is accomplished by applying for a writ of certiorari. Relatively few appeals are granted. Usually they involve an important question of constitutional law, or they may be used to resolve a split or disagreement on a point of law among the circuits or on issues which have considerable significance to the judicial system. If the U.S. Supreme Court denies a petition for a writ of certiorari (a request to hear a case on appeal), then the decision of the lower court is final.

A defendant in a U.S. criminal prosecution requests that the prosecution turn over relevant documents and tangible objects, reports of examinations, and expert witness reports during the pretrial phase. Which of the following is TRUE? A. The prosecution is entitled to discover the defense's reports of examinations and expert witness reports but not its documents and tangible objects. B. The prosecution is also entitled to discover each of these corresponding items from the defense. C. The prosecution is not entitled to discover any of the corresponding items from the defense. D. The prosecution is entitled to discover the defense's documents and tangible evidence but not its reports of examinations and expert witness reports.

The prosecution is also entitled to discover each of these corresponding items from the defense.

What is the purpose of post-judgment discovery in a civil case? A. To help the judge decide the sentence of the defendant B. To help the judge identify the amount of the monetary award C. To identify assets that can be used to satisfy a judgment D. None of the above

To identify assets that can be used to satisfy a judgment

Which of the following best describes a core function of the Office of Foreign Assets Control (OFAC)? A. To serve as the primary revenue collection agency for U.S. citizens with foreign income and assets B. To ensure that foreign corporate entities with a presence in the United States comply with securities regulations C. To maintain the Specially Designated Nationals and Blocked Persons (SDNs) list and enforce its sanctions D. To provide model anti-money laundering statutes for all member countries to adopt

To maintain the Specially Designated Nationals and Blocked Persons (SDNs) list and enforce its sanctions

A lay witness (or fact witness) is anyone who provides nonexpert testimony in a legal proceeding. A. True B. False

True

Employees' constitutional rights provide them protection from U.S. government action but generally not from the conduct of private parties. A. True B. False

True

For a conflict of interest claim to be actionable, the conflict must be undisclosed. A. True B. False

True

Generally, in the United States, a criminal appeal may be made only for errors of law to which the defendant made timely objection at trial or in pretrial proceedings. A. True B. False

True

If a debtor in the United States has 12 or more creditors, at least three creditors are needed to file an involuntary bankruptcy proceeding against the debtor. A. True B. False

True

When a public employer in the United States conducts an investigation of work-related misconduct, and when that investigation necessitates a search of a government employee's workspace, the employer is not generally required to obtain a warrant to perform the search. A. True B. False

True. public employee

To launder funds, a consultant reports payments for services that they never actually provided. They then deposit unrelated illicit assets disguised as payments for the fake services. This laundering technique is called overstating revenues. A. True B. False

True. The fictitious revenue accounts for the illegal funds that are secretly inserted into the company.

Which of the following is NOT one of the three tiers of courts in the U.S. federal court system? A. U.S. District Courts B. U.S. Supreme Court C. U.S. Courts of Appeals D. U.S. Superior Courts

U.S. Superior Courts A superior court is another name for a higher-level state trial court in some jurisdictions.

Which of the following is TRUE with regard to partnerships? A. A limited partner is liable for all debts of the partnership. B. Unlike general partnership interests, interests in limited partnerships can be considered investment contracts. C. In a limited partnership, limited partners manage the enterprise's activities. D. In a general partnership, the liability of each partner is limited to the amount of their investment in the company.

Unlike general partnership interests, interests in limited partnerships can be considered investment contracts.

To determine if a misrepresentation in the offer or sale of any securities is material, a fraud examiner should consider which of the following? A. Whether a reasonable investor would wish to know the information to make an informed decision B. Whether the person who made the representation intended to mislead potential investors C. Whether the person who made the representation believed that it was suitable for potential investors D. Whether the person who made the representation had authorization to make the statements

Whether a reasonable investor would wish to know the information to make an informed decision

Under the U.S. Supreme Court case Miranda v. Arizona, which of the following is LEAST relevant to whether law enforcement officials are required to inform a suspect of their constitutional rights? A. Whether the suspect is in custody B. Whether the suspect is interrogated C. Whether a government authority is involved D. Whether there is probable cause of a crime

Whether there is probable cause of a crime

Cynthia played a subordinate role in a securities fraud scheme, and the prosecution obtained a court order compelling her to testify against the leader of the scheme under a grant of immunity. If there are private parties who want to sue Cynthia for damages resulting from her participation in the fraud, will they be able to use her compelled testimony as evidence against her in a U.S. civil trial? A. No, the immunity order would prohibit the use of the testimony in civil and criminal proceedings. B. Yes, because immunity orders only prevent the use of the witness's testimony against them in criminal proceedings. C. Yes, but only if the civil parties obtain permission of the court issuing the immunity order. D. No, because that would violate Cynthia's Fifth Amendment right against self-incrimination.

Yes, because immunity orders only prevent the use of the witness's testimony against them in criminal proceedings.

Jessica is about to travel from the United States to the United Kingdom while carrying $12,000 in U.S. currency. Will Jessica be required to file a Report of International Transportation of Currency or Monetary Instrument (CMIR)? A. Yes, because a CMIR must be filed for any amount of currency physically transferred out of the United States. B. No, because CMIRs are only required for currency coming into the United States. C. Yes, because she is transferring over $10,000 in currency out of the United States. D. No, because she is transferring less than $15,000 in currency out of the United States.

Yes, because she is transferring over $10,000 in currency out of the United States. A person is required to file a Report of International Transportation of Currency or Monetary Instrument (CMIR) if they transport or are about to transport monetary instruments of more than $10,000 into or out of the United States at one time

In a U.S. bankruptcy proceeding, are the creditors of the debtor allowed to conduct their own investigation into the debtor's financial affairs? A. No, only the appointed trustee may conduct such investigations. B. Yes, but only with the permission of the appointed trustee. C. No, only the appointed examiner may conduct such investigations. D. Yes, the creditors may generally conduct such investigations.

Yes, the creditors may generally conduct such investigations. Trustees are normally very appreciative of creditors who can provide information regarding the debtor's financial affairs.