2024年最新のACFE CFE-Law試験問題には102問があります
無料で使えるCFE-Law別格な問題集をダウンロード2024年12月14日に更新された102問があります
質問 # 34
Which of the following is NOT required for a contract transaction or scheme to be classified as an investment contract?
- A. investment m a common enterprise
- B. The expectation of making a profit
- C. Profits derived solely from the investor's management activity
- D. An investment of money or other asset
正解：C
質問 # 35
Which of the following statements concerning judgments involving parties in multiple jurisdictions is MOST ACCURATE?
- A. If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment wherever the defendant resides
- B. Whether a foreign judgment is enforceable might depend on whether the two jurisdiction have an enforcement treaty
- C. Whether a foreign judgment is enforceable always depends on where the defendant's assets are located
- D. If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment in any jurisdiction
正解：B
質問 # 36
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. Real estate laundering
- B. Channel stuffing
- C. Structuring
- D. Alternative remittance system
正解：C
質問 # 37
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. Insider trading fraud
- C. Wire fraud
- D. Mail fraud
正解：D
質問 # 38
Which of the following statements concerning digital currencies, such as bitcoin, is MOST ACCURATE?
- A. Digital currencies are subject to all of the same regulations as payments made through traditional financial institutions
- B. Digital currencies are attractive to money launderers because payments often cross jurisdictional boundaries, making it difficult for authorities to pursue enforcement
- C. Digital currencies are attractive to money launderers because they are a payment method that provides complete anonymity
- D. Digital currencies are not typically used to launder money due to strict customer identification or recordkeeping requirements enforced in all jurisdictions
正解：B
質問 # 39
Which of the following situations would constitute a violation of the US Foreign Corrupt Practices Act (FCPA)
- A. A private U.S company pays a S2.000 foreign corporation fee that is required in order to do business within the country
- B. A private U.S company transfers $100,000 to the sole proprietor of a Brazilian company to influence the award of a commercial imports contract.
- C. A private UK company transfers $25,000 to a Chilean public official to influence the award of lucrative overseas contracts.
- D. A private U S company transfers $45,000 to a foreign official to influence the award of a public construction contract.
正解：D
質問 # 40
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 the court orders such steps to be taken
- B. When litigation has started
- C. When the charging documents are filed
- D. When the party receives a service of process
正解：B
質問 # 41
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
正解：B
質問 # 42
Which of the following statements concerning the appointment of expert witnesses at that is accurate?
- A. Generally, only the parties may select experts to introduce testimony in adversarial jurisdictions
- B. Generally, the court appoints the primary expert witnesses in inquisitorial jurisdictions.
- C. Generally, only the parties may select expert witnesses in inquisitional jurisdictions.
- D. Generally the court selects the primary expert witnesses in adversarial jurisdictions.
正解：C
質問 # 43
All of the following are common legal defenses for tax evasion EXCEPT:
- A. The taxpayer s reliance on an attorney or accountant
- B. Mental illness of the taxpayer
- C. Death of the taxpayer
- D. The actions were tax avoidance not tax evasion
正解：C
質問 # 44
In most civil law systems, the burden of proof for the government to convict a defendant in a criminal case is beyond a reasonable doubt.
- A. True
- B. False
正解：B
質問 # 45
Which of the following is the MOST ACCURATE statement about the different types of alternative dispute resolution'?
- A. In an arbitration proceeding the arbitrator acts as a judge or jury by deciding the dispute at issue on its merits
- B. The agreements reached in mediations are generally nonbinding.
- C. The decisions reached in all arbitrations are always binding
- D. In a mediation session, the mediator decides who should win the dispute at issue
正解：C
質問 # 46
The Financial Action Task Force (FATF) Recommendations slate that a financial institution s customer due diligence (COD) procedures should include continued monitoring of a customer's business relationships and transactions.
- A. True
- B. False
正解：A
質問 # 47
Raj is an employee who works in a jurisdiction that prohibits unreasonable workplace searches and surveillance in areas or items where employees have a reasonable expectation of privacy. In which of the following is Raj MOST LIKELY to have a reasonable expectation of privacy?
- A. A backpack brought from home
- B. A company-issued tablet computer
- C. A filing cabinet in the office lobby
- D. A waste bin m the employee's office
正解：A
質問 # 48
Which of the following statements regarding the qualifications of expert witnesses in most inquisitorial jurisdictions is CORRECT?
- A. Certification in a specific field is always enough to qualify an expert
- B. An excerpt is not qualified to testify unless all parties to the litigation approve
- C. The qualification of an expert is generally based on standardized requirements
- D. Experts are generally prohibited from serving as expert witnesses in multiple cases
正解：C
質問 # 49
In jurisdictions that allow criminal bargaining agreements the defendant's counsel generally has the discretion to determine whether a bargaining agreement is available to the defendant.
- A. True
- B. False
正解：B
質問 # 50
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 debtor, supervised by an independent insolvency representative
- B. The jurisdiction's commerce department or equivalent agency
- C. An independent insolvency representative
- D. The creditor with the largest claim against the debtor
正解：C
質問 # 51
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 the statement with knowledge of its falsity
- C. The defendant made a false statement in a court of law.
- D. The defendant made a false statement white under oath.
正解：C
質問 # 52
One of the purposes of securities regulation is to maintain market confidence.
- A. True
- B. False
正解：A
質問 # 53
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. MSBs tend to have a tower money laundering risk than other financial institutions.
- D. A check cashing company is classified as an MSB.
正解：B
質問 # 54
Under the best practices listed in the Financial Action Task Force (FATF) Recommendations concerning large cash transactions with customers which of the following transactions would require a report to be Wed with the government?
- A. An international purchase of a small boat with a lump-sum cash payment below the jurisdiction's designated threshold
- B. A cash payment to a restaurant supplier for restaurant supplies above the jurisdiction's designated threshold
- C. A lump-sum cash deposit to a bank above the jurisdiction's designated threshold
- D. A domestic credit card purchase of a piece of jewelry above the jurisdiction's designated threshold
正解：C
質問 # 55
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 have a documented lawful basis for collecting or processing personal data.
- D. An organization must confirm or deny that it possesses a data subject's personal data upon that individual's request
正解：C
質問 # 56
Which of the following statements concerning civil trials in common law jurisdictions is MOST ACCURATE?
- A. Neither side may appeal an adverse judgment in a civil case
- B. in most civil cases, the standard of proof is the preponderance of the evidence
- C. Jury verdicts m civil trials must always be unanimous
- D. Civil jury trials must have the same number of jurors as in criminal jury trials.
正解：C
質問 # 57
Bob receives a memorandum from his attorney that is protected by a legal professional privilege Bob emails the memorandum to a third party who has no need to know the information in the memorandum Which of the following statements is MOST ACCURATE?
- A. Bob did not walve the privilege because the legal professional privilege belongs to the attorney, not the client
- B. Bob might have waived the privilege because he transmitted the protected information to a third party who has no need to know the information
- C. Bob might have waived the privilege because he used email to transmit the protected information.
- D. Bob did not waive the privilege because the legal professional privilege cannot be waived by transmitting protected information to a third party
正解：B
質問 # 58
In most countries employers must provide notice to their employees before they implement an employee monitoring program
- A. True
- B. False
正解：A
質問 # 59
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