ACFE CFE - Law (Certified Fraud Examiner - Law) Practice Test 17

Question 160

An employee lawfully possesses a laptop but later intentionally keeps it contrary to the owner's rights. Which wrong may be considered?

  1. Conversion
  2. Embezzlement
  3. Larceny
  4. False pretenses

Explanation

Correct Answer

A:

Civil conversion addresses an unauthorized exercise of dominion over another's personal property inconsistent with the owner's rights.

Incorrect Answers

B:

Embezzlement concerns fraudulent conversion of property lawfully entrusted to the accused, rather than an initial trespassory taking; conversion raises a different threshold from this alternative.

C:

Traditional larceny involves wrongful taking and carrying away of another's property with the requisite intent, subject to modern statutory variations; that concept must be distinguished from Conversion here.

D:

Theft by false pretenses traditionally involves obtaining title through intentional factual deception, unlike mere unauthorized taking; the circumstances point to Conversion rather than that separate test.

Question 161

A hacker intentionally accesses a protected computer without authorization and extracts data. Which U.S. law may apply?

  1. Computer Fraud and Abuse Act
  2. Unlawful disclosure of electronic communications
  3. Solicitation of bribe
  4. Exceeds-authorized-access boundary
  5. Computer damage offense

Explanation

Correct Answer

A:

CFAA provisions address specified unauthorized computer access conduct, with statutory elements and civil remedies depending on the particular subsection.

Incorrect Answers

B:

Authority to access a system does not necessarily authorize unrestricted disclosure of private communications under privacy, contract or communications laws; the inquiry instead concerns Computer Fraud and Abuse Act, with its own elements.

C:

Receiving or demanding a thing of value in exchange for misuse of official duties may constitute bribery under the controlling law; the relevant step in this scenario is Computer Fraud and Abuse Act.

D:

Access beyond permitted computer areas differs from merely misusing information one may access; current statutory interpretation limits overbroad use-policy theories; here the operative distinction is Computer Fraud and Abuse Act.

E:

Specified intentional computer damage and transmission conduct can trigger statutory liability separate from unauthorized information acquisition; those prerequisites should not be confused with Computer Fraud and Abuse Act.

Question 162

A malicious insider is authorized to read a database but violates a use policy without accessing a forbidden area. Which CFAA distinction matters?

  1. Computer Fraud and Abuse Act
  2. Exceeds-authorized-access boundary
  3. Unlawful disclosure of electronic communications
  4. Computer damage offense
  5. Solicitation of bribe

Explanation

Correct Answer

B:

Access beyond permitted computer areas differs from merely misusing information one may access; current statutory interpretation limits overbroad use-policy theories.

Incorrect Answers

A:

CFAA provisions address specified unauthorized computer access conduct, with statutory elements and civil remedies depending on the particular subsection; exceeds-authorized-access boundary addresses the distinct legal requirement stated in the facts.

C:

Authority to access a system does not necessarily authorize unrestricted disclosure of private communications under privacy, contract or communications laws; exceeds-authorized-access boundary raises a different threshold from this alternative.

D:

Specified intentional computer damage and transmission conduct can trigger statutory liability separate from unauthorized information acquisition; that concept must be distinguished from Exceeds-authorized-access boundary here.

E:

Receiving or demanding a thing of value in exchange for misuse of official duties may constitute bribery under the controlling law; the circumstances point to Exceeds-authorized-access boundary rather than that separate test.

Question 163

An attacker deploys malicious code that damages a protected computer. Which type of conduct is implicated?

  1. Exceeds-authorized-access boundary
  2. Computer Fraud and Abuse Act
  3. Computer damage offense
  4. Unlawful disclosure of electronic communications

Explanation

Correct Answer

C:

Specified intentional computer damage and transmission conduct can trigger statutory liability separate from unauthorized information acquisition.

Incorrect Answers

A:

Access beyond permitted computer areas differs from merely misusing information one may access; current statutory interpretation limits overbroad use-policy theories; computer damage offense is the issue raised by the described conduct.

B:

CFAA provisions address specified unauthorized computer access conduct, with statutory elements and civil remedies depending on the particular subsection; the inquiry instead concerns Computer damage offense, with its own elements.

D:

Authority to access a system does not necessarily authorize unrestricted disclosure of private communications under privacy, contract or communications laws; the relevant step in this scenario is Computer damage offense.

Question 164

An investigator copies corporate email with permission but then distributes personal messages without a lawful basis. Which separate issue arises?

  1. Computer damage offense
  2. Exceeds-authorized-access boundary
  3. Unlawful disclosure of electronic communications
  4. Computer Fraud and Abuse Act

Explanation

Correct Answer

C:

Authority to access a system does not necessarily authorize unrestricted disclosure of private communications under privacy, contract or communications laws.

Incorrect Answers

A:

Specified intentional computer damage and transmission conduct can trigger statutory liability separate from unauthorized information acquisition; those prerequisites should not be confused with Unlawful disclosure of electronic communications.

B:

Access beyond permitted computer areas differs from merely misusing information one may access; current statutory interpretation limits overbroad use-policy theories; unlawful disclosure of electronic communications addresses the distinct legal requirement stated in the facts.

D:

CFAA provisions address specified unauthorized computer access conduct, with statutory elements and civil remedies depending on the particular subsection; unlawful disclosure of electronic communications raises a different threshold from this alternative.

Question 165

An official demands a personal payment in return for granting an otherwise routine permit. What corruption theory may apply?

  1. Extortion under color of office
  2. Illegal gratuity
  3. Offering a bribe
  4. Solicitation of bribe

Explanation

Correct Answer

D:

Receiving or demanding a thing of value in exchange for misuse of official duties may constitute bribery under the controlling law.

Incorrect Answers

A:

Extortion theories can apply to obtaining value through wrongful use of official power or coercion, depending on the jurisdiction and statute; the circumstances point to Solicitation of bribe rather than that separate test.

B:

Some laws distinguish improper rewards for official acts from bribery's corrupt exchange, with distinct mental-state and nexus requirements; solicitation of bribe is the issue raised by the described conduct.

C:

Anti-bribery laws can reach corrupt offers or promises before any money is actually accepted, provided statutory intent and nexus exist; the inquiry instead concerns Solicitation of bribe, with its own elements.

Question 166

A contractor offers benefits to influence a purchasing official's future decision. Which side of bribery conduct is involved?

  1. Extortion under color of office
  2. Offering a bribe
  3. Illegal gratuity
  4. Solicitation of bribe

Explanation

Correct Answer

B:

Anti-bribery laws can reach corrupt offers or promises before any money is actually accepted, provided statutory intent and nexus exist.

Incorrect Answers

A:

Extortion theories can apply to obtaining value through wrongful use of official power or coercion, depending on the jurisdiction and statute; here the operative distinction is Offering a bribe.

C:

Some laws distinguish improper rewards for official acts from bribery's corrupt exchange, with distinct mental-state and nexus requirements; those prerequisites should not be confused with Offering a bribe.

D:

Receiving or demanding a thing of value in exchange for misuse of official duties may constitute bribery under the controlling law; offering a bribe addresses the distinct legal requirement stated in the facts.

Question 167

A purchasing officer asks a vendor for money and threatens to exclude it unless paid. Which offense distinction may arise?

  1. Offering a bribe
  2. Solicitation of bribe
  3. Illegal gratuity
  4. Extortion under color of office

Explanation

Correct Answer

D:

Extortion theories can apply to obtaining value through wrongful use of official power or coercion, depending on the jurisdiction and statute.

Incorrect Answers

A:

Anti-bribery laws can reach corrupt offers or promises before any money is actually accepted, provided statutory intent and nexus exist; that concept must be distinguished from Extortion under color of office here.

B:

Receiving or demanding a thing of value in exchange for misuse of official duties may constitute bribery under the controlling law; the circumstances point to Extortion under color of office rather than that separate test.

C:

Some laws distinguish improper rewards for official acts from bribery's corrupt exchange, with distinct mental-state and nexus requirements; extortion under color of office is the issue raised by the described conduct.

Question 168

A government employee accepts a prohibited gratuity because of an official act without a proven quid pro quo. Which category may be relevant?

  1. Extortion under color of office
  2. Solicitation of bribe
  3. Offering a bribe
  4. Illegal gratuity

Explanation

Correct Answer

D:

Some laws distinguish improper rewards for official acts from bribery's corrupt exchange, with distinct mental-state and nexus requirements.

Incorrect Answers

A:

Extortion theories can apply to obtaining value through wrongful use of official power or coercion, depending on the jurisdiction and statute; the relevant step in this scenario is Illegal gratuity.

B:

Receiving or demanding a thing of value in exchange for misuse of official duties may constitute bribery under the controlling law; here the operative distinction is Illegal gratuity.

C:

Anti-bribery laws can reach corrupt offers or promises before any money is actually accepted, provided statutory intent and nexus exist; those prerequisites should not be confused with Illegal gratuity.

Question 169

A government contractor knowingly submits false invoices for services never delivered. Which U.S. civil enforcement statute may apply?

  1. Qui tam action
  2. False Claims Act
  3. Reverse false-claims liability
  4. False Claims Act scienter

Explanation

Correct Answer

B:

The federal False Claims Act can impose civil liability for knowingly presenting false claims for government payment or related prohibited conduct.

Incorrect Answers

A:

Certain federal statutes authorize eligible private relators to sue on behalf of the government, subject to filing, intervention and recovery rules; false Claims Act raises a different threshold from this alternative.

C:

Certain False Claims Act provisions address knowingly concealing or improperly avoiding obligations to pay or transmit money to the government; that concept must be distinguished from False Claims Act here.

D:

Knowingly false conduct may include actual knowledge, deliberate ignorance or reckless disregard, but mere innocent error alone is not enough; the circumstances point to False Claims Act rather than that separate test.

Question 170

A relator initiates qualifying litigation on the government's behalf under a statutory whistleblower mechanism. Which procedure is this?

  1. Qui tam action
  2. Reverse false-claims liability
  3. False Claims Act scienter
  4. False Claims Act

Explanation

Correct Answer

A:

Certain federal statutes authorize eligible private relators to sue on behalf of the government, subject to filing, intervention and recovery rules.

Incorrect Answers

B:

Certain False Claims Act provisions address knowingly concealing or improperly avoiding obligations to pay or transmit money to the government; the inquiry instead concerns Qui tam action, with its own elements.

C:

Knowingly false conduct may include actual knowledge, deliberate ignorance or reckless disregard, but mere innocent error alone is not enough; the relevant step in this scenario is Qui tam action.

D:

The federal False Claims Act can impose civil liability for knowingly presenting false claims for government payment or related prohibited conduct; here the operative distinction is Qui tam action.

Certified Fraud Examiner - Law (CFE - Law) Practice Tests