ACFE CFE - Law (Certified Fraud Examiner - Law) Practice Test 18

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.

Question 171

A company discovers erroneous invoices and knowingly retains a government overpayment despite a legal duty to return it. Which theory may be implicated?

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

Explanation

Correct Answer

A:

Certain False Claims Act provisions address knowingly concealing or improperly avoiding obligations to pay or transmit money to the government.

Incorrect Answers

B:

The federal False Claims Act can impose civil liability for knowingly presenting false claims for government payment or related prohibited conduct; reverse false-claims liability addresses the distinct legal requirement stated in the facts.

C:

Knowingly false conduct may include actual knowledge, deliberate ignorance or reckless disregard, but mere innocent error alone is not enough; reverse false-claims liability raises a different threshold from this alternative.

D:

Certain federal statutes authorize eligible private relators to sue on behalf of the government, subject to filing, intervention and recovery rules; that concept must be distinguished from Reverse false-claims liability here.

Question 172

A supplier inadvertently makes a minor clerical error without the statute's knowledge standard. Which limiting requirement is central?

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

Explanation

Correct Answer

D:

Knowingly false conduct may include actual knowledge, deliberate ignorance or reckless disregard, but mere innocent error alone is not enough.

Incorrect Answers

A:

Certain False Claims Act provisions address knowingly concealing or improperly avoiding obligations to pay or transmit money to the government; false Claims Act scienter is the issue raised by the described conduct.

B:

Certain federal statutes authorize eligible private relators to sue on behalf of the government, subject to filing, intervention and recovery rules; the inquiry instead concerns False Claims Act scienter, with its own elements.

C:

The federal False Claims Act can impose civil liability for knowingly presenting false claims for government payment or related prohibited conduct; the relevant step in this scenario is False Claims Act scienter.

Question 173

An audit of a county water-system procurement identifies three distinct schemes. (1) A purchasing official shapes technical specifications around a favored bidder's proprietary component before advertising the tender; what pre-award manipulation should be examined? (2) Several suppliers privately agree to rotate contracts and submit cover bids to simulate competition; what collusive practice is indicated? (3) After award, a contractor bills hours from an unrelated private construction job to the reimbursable public contract; what billing misconduct is suggested? Choose THREE.

  1. Procurement bid tailoring
  2. False certification in procurement
  3. Contract cost mischarging
  4. Identity-based application fraud
  5. Bid rigging
  6. Account takeover

Explanation

Correct Answers

A:

Manipulating specifications to favor a bidder may support corruption, procurement-fraud or competition-law allegations depending on facts and jurisdiction; it specifically answers numbered situation 1.

C:

Knowingly shifting ineligible expenses onto a charged contract can create false billing, certification or contract-fraud exposure; it specifically answers numbered situation 3.

E:

A collusive allocation of bids or winners can violate antitrust and procurement laws by replacing independent competition with concerted action; it specifically answers numbered situation 2.

Incorrect Answers

B:

False statements about material compliance can support contractual, civil or criminal claims where statutory and contractual elements are met; the separate questions call for procurement bid tailoring, bid rigging and contract cost mischarging, while no prompt asks for this additional rule.

D:

Using stolen identifying information in an application combines deception of the lender with unlawful use of the victim's identity; the separate questions call for procurement bid tailoring, bid rigging and contract cost mischarging, while no prompt asks for this additional rule.

F:

Unauthorized appropriation of an existing account through compromised identity or authentication information can support identity and computer-related offenses; the separate questions call for procurement bid tailoring, bid rigging and contract cost mischarging, while no prompt asks for this additional rule.

Question 174

Several contractors agree to submit no bid in assigned districts so that each remaining firm can win uncontested. Investigators have evidence of the agreement, but the agency has not yet chosen a remedy. Which specific anticompetitive mechanism does the agreement illustrate?

  1. A buyer's unilateral change of specifications
  2. Bid suppression through collusive nonparticipation
  3. A lawful unilateral decision not to pursue work
  4. A contractor's charging of unrelated costs to a contract

Explanation

Correct Answer

B:

Coordinated agreements to withhold bids can eliminate competition and constitute bid suppression, a specific form of unlawful collusive tendering.

Incorrect Answers

A:

Changing bid specifications is a procuring party's conduct, not the bidders' agreement to abstain from competition.

C:

A firm acting independently may decline to bid; the decisive feature here is the agreement among nominal competitors.

D:

Mischarging concerns postaward reimbursement of ineligible expenses, whereas the facts describe coordinated nonbidding before award.

Question 175

A contractor's performance certificate is literally true about hours worked but omits a mandatory safety inspection that the buyer expressly made a condition of payment. Under a U.S. False Claims Act theory, what issue is especially important before treating the omission as fraudulent?

  1. Whether any private party could have offered a lower price
  2. Whether the omission is material under the demanding FCA standard and other elements are met
  3. Whether the contracting officer personally owns the equipment
  4. Whether a competitor submitted its bid in a paper envelope

Explanation

Correct Answer

B:

Materiality asks whether the undisclosed noncompliance mattered to the government's payment decision in context; a breach alone does not automatically prove an FCA violation.

Incorrect Answers

A:

Competitive price differences do not substitute for material falsity, scienter or payment-related significance.

C:

Ownership of a work tool by a government employee does not determine the legal significance of an omitted payment condition.

D:

The physical format of a competitor's bid has no bearing on the contractor's omitted certification requirement.

Question 176

A contractor certifies that defective goods meet required specifications to secure full payment. Which conduct is at issue?

  1. False certification in procurement
  2. Procurement bid tailoring
  3. Contract cost mischarging
  4. Bid rigging

Explanation

Correct Answer

A:

False statements about material compliance can support contractual, civil or criminal claims where statutory and contractual elements are met.

Incorrect Answers

B:

Manipulating specifications to favor a bidder may support corruption, procurement-fraud or competition-law allegations depending on facts and jurisdiction; that concept must be distinguished from False certification in procurement here.

C:

Knowingly shifting ineligible expenses onto a charged contract can create false billing, certification or contract-fraud exposure; the circumstances point to False certification in procurement rather than that separate test.

D:

A collusive allocation of bids or winners can violate antitrust and procurement laws by replacing independent competition with concerted action; false certification in procurement is the issue raised by the described conduct.

Question 177

An identity thief uses stolen credentials to take control of an online bank account. Which criminal act is most directly implicated?

  1. Identity-based application fraud
  2. Identity-document trafficking
  3. Account takeover
  4. Personal-data retention compliance

Explanation

Correct Answer

C:

Unauthorized appropriation of an existing account through compromised identity or authentication information can support identity and computer-related offenses.

Incorrect Answers

A:

Using stolen identifying information in an application combines deception of the lender with unlawful use of the victim's identity; the relevant step in this scenario is Account takeover.

B:

Document and identity offenses may penalize knowing transfers or misuse of identification means in relation to unlawful activity; here the operative distinction is Account takeover.

D:

Privacy regimes can restrict collection and retention of personal identity data to lawful, necessary purposes and defined periods; those prerequisites should not be confused with Account takeover.

Question 178

A swindler uses another person's identification details to apply for a new loan. Which scheme is shown?

  1. Identity-document trafficking
  2. Account takeover
  3. Personal-data retention compliance
  4. Identity-based application fraud

Explanation

Correct Answer

D:

Using stolen identifying information in an application combines deception of the lender with unlawful use of the victim's identity.

Incorrect Answers

A:

Document and identity offenses may penalize knowing transfers or misuse of identification means in relation to unlawful activity; identity-based application fraud raises a different threshold from this alternative.

B:

Unauthorized appropriation of an existing account through compromised identity or authentication information can support identity and computer-related offenses; that concept must be distinguished from Identity-based application fraud here.

C:

Privacy regimes can restrict collection and retention of personal identity data to lawful, necessary purposes and defined periods; the circumstances point to Identity-based application fraud rather than that separate test.

Question 179

A person knowingly transfers a genuine identification document to facilitate a crime. Which U.S. criminal category may be implicated?

  1. Identity-based application fraud
  2. Identity-document trafficking
  3. Personal-data retention compliance
  4. Account takeover

Explanation

Correct Answer

B:

Document and identity offenses may penalize knowing transfers or misuse of identification means in relation to unlawful activity.

Incorrect Answers

A:

Using stolen identifying information in an application combines deception of the lender with unlawful use of the victim's identity; the inquiry instead concerns Identity-document trafficking, with its own elements.

C:

Privacy regimes can restrict collection and retention of personal identity data to lawful, necessary purposes and defined periods; the relevant step in this scenario is Identity-document trafficking.

D:

Unauthorized appropriation of an existing account through compromised identity or authentication information can support identity and computer-related offenses; here the operative distinction is Identity-document trafficking.

Question 180

An organization retains copied passports indefinitely with no documented necessity. What legal issue arises apart from identity theft?

  1. Personal-data retention compliance
  2. Identity-document trafficking
  3. Identity-based application fraud
  4. Account takeover

Explanation

Correct Answer

A:

Privacy regimes can restrict collection and retention of personal identity data to lawful, necessary purposes and defined periods.

Incorrect Answers

B:

Document and identity offenses may penalize knowing transfers or misuse of identification means in relation to unlawful activity; personal-data retention compliance addresses the distinct legal requirement stated in the facts.

C:

Using stolen identifying information in an application combines deception of the lender with unlawful use of the victim's identity; personal-data retention compliance raises a different threshold from this alternative.

D:

Unauthorized appropriation of an existing account through compromised identity or authentication information can support identity and computer-related offenses; that concept must be distinguished from Personal-data retention compliance here.

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