ACFE CFE - Law (Certified Fraud Examiner - Law) Practice Test 23

Question 220

A U.S. public company uses sham round-trip sales to fabricate demand in market disclosures. Which legal risk is central?

  1. Exchange Act Rule 10b-5
  2. Undisclosed securities promotion
  3. Market-deception scheme
  4. Periodic disclosure accuracy

Explanation

Correct Answer

C:

Deceptive transactions can distort public information and market perceptions, potentially violating securities antifraud provisions where required elements exist.

Incorrect Answers

A:

Rule 10b-5 prohibits specified deceptive conduct in connection with securities transactions; civil and criminal claims have differing procedural prerequisites; here the operative distinction is Market-deception scheme.

B:

Securities laws can restrict touting for consideration without required disclosure of the nature and amount of compensation; those prerequisites should not be confused with Market-deception scheme.

D:

Securities reporting obligations can require truthful disclosures of material financial and nonfinancial information in filed reports; market-deception scheme addresses the distinct legal requirement stated in the facts.

Question 221

A purchasing employee receives an undisclosed payment from a supplier for steering orders. Which corruption pattern is involved?

  1. Payroll disbursement fraud
  2. Commercial kickback
  3. Demand-side corruption
  4. Skimming of receipts
  5. Legitimate hospitality versus improper influence
  6. Corrupt intent

Explanation

Correct Answer

B:

Secret benefits paid for favorable business decisions can create bribery, fiduciary-duty or fraud exposure even without government officials.

Incorrect Answers

A:

Deliberate fabrication of payees to obtain funds may satisfy theft and fraud statutes when intent and payment elements are established; that concept must be distinguished from Commercial kickback here.

C:

Receiving or soliciting an improper advantage is analytically distinct from offering it and can fall under separate domestic or international statutes; the circumstances point to Commercial kickback rather than that separate test.

D:

Taking incoming money before formal entry can constitute theft or fraud while obscuring the transaction from accounting records; commercial kickback is the issue raised by the described conduct.

E:

Modest transparent hospitality is not inherently bribery; value, purpose, official role and applicable law determine whether an improper inducement exists; the inquiry instead concerns Commercial kickback, with its own elements.

F:

Bribery statutes ordinarily demand a specified improper purpose or exchange; mere payment or personal friendship cannot replace statutory intent proof; the relevant step in this scenario is Commercial kickback.

Question 222

A regulator asks whether a benefit to a public official was intended to influence a discretionary decision. Which bribery component is central?

  1. Skimming of receipts
  2. Demand-side corruption
  3. Payroll disbursement fraud
  4. Commercial kickback
  5. Corrupt intent
  6. Legitimate hospitality versus improper influence

Explanation

Correct Answer

E:

Bribery statutes ordinarily demand a specified improper purpose or exchange; mere payment or personal friendship cannot replace statutory intent proof.

Incorrect Answers

A:

Taking incoming money before formal entry can constitute theft or fraud while obscuring the transaction from accounting records; the relevant step in this scenario is Corrupt intent.

B:

Receiving or soliciting an improper advantage is analytically distinct from offering it and can fall under separate domestic or international statutes; here the operative distinction is Corrupt intent.

C:

Deliberate fabrication of payees to obtain funds may satisfy theft and fraud statutes when intent and payment elements are established; those prerequisites should not be confused with Corrupt intent.

D:

Secret benefits paid for favorable business decisions can create bribery, fiduciary-duty or fraud exposure even without government officials; corrupt intent addresses the distinct legal requirement stated in the facts.

F:

Modest transparent hospitality is not inherently bribery; value, purpose, official role and applicable law determine whether an improper inducement exists; corrupt intent raises a different threshold from this alternative.

Question 223

A foreign official takes a hidden personal benefit from a consultant while approving invoices. Which conduct side is assessed?

  1. Demand-side corruption
  2. Legitimate hospitality versus improper influence
  3. Commercial kickback
  4. Corrupt intent

Explanation

Correct Answer

A:

Receiving or soliciting an improper advantage is analytically distinct from offering it and can fall under separate domestic or international statutes.

Incorrect Answers

B:

Modest transparent hospitality is not inherently bribery; value, purpose, official role and applicable law determine whether an improper inducement exists; demand-side corruption raises a different threshold from this alternative.

C:

Secret benefits paid for favorable business decisions can create bribery, fiduciary-duty or fraud exposure even without government officials; that concept must be distinguished from Demand-side corruption here.

D:

Bribery statutes ordinarily demand a specified improper purpose or exchange; mere payment or personal friendship cannot replace statutory intent proof; the circumstances point to Demand-side corruption rather than that separate test.

Question 224

A company publicly discloses hospitality to officials under a lawful protocol and records it correctly. Which distinction is relevant?

  1. Legitimate hospitality versus improper influence
  2. Commercial kickback
  3. Corrupt intent
  4. Demand-side corruption

Explanation

Correct Answer

A:

Modest transparent hospitality is not inherently bribery; value, purpose, official role and applicable law determine whether an improper inducement exists.

Incorrect Answers

B:

Secret benefits paid for favorable business decisions can create bribery, fiduciary-duty or fraud exposure even without government officials; the inquiry instead concerns Legitimate hospitality versus improper influence, with its own elements.

C:

Bribery statutes ordinarily demand a specified improper purpose or exchange; mere payment or personal friendship cannot replace statutory intent proof; the relevant step in this scenario is Legitimate hospitality versus improper influence.

D:

Receiving or soliciting an improper advantage is analytically distinct from offering it and can fall under separate domestic or international statutes; here the operative distinction is Legitimate hospitality versus improper influence.

Question 225

A payroll officer knowingly creates fictitious beneficiaries and directs their salaries to a private account. Which criminal theory is implicated?

  1. Skimming of receipts
  2. Electronic funds misappropriation
  3. Negotiable-instrument alteration
  4. Payroll disbursement fraud

Explanation

Correct Answer

D:

Deliberate fabrication of payees to obtain funds may satisfy theft and fraud statutes when intent and payment elements are established.

Incorrect Answers

A:

Taking incoming money before formal entry can constitute theft or fraud while obscuring the transaction from accounting records; payroll disbursement fraud addresses the distinct legal requirement stated in the facts.

B:

Fraudulent diversion of electronic funds can engage property, computer-access or wire-fraud laws depending on how access and transfer occurred; payroll disbursement fraud raises a different threshold from this alternative.

C:

Unauthorized alterations may implicate forgery, theft and payment-fraud laws, with liability depending on knowledge and use; that concept must be distinguished from Payroll disbursement fraud here.

Question 226

A cashier deletes a sale and retains the customer's payment before it is recorded. Which underlying appropriation category fits?

  1. Payroll disbursement fraud
  2. Electronic funds misappropriation
  3. Negotiable-instrument alteration
  4. Skimming of receipts

Explanation

Correct Answer

D:

Taking incoming money before formal entry can constitute theft or fraud while obscuring the transaction from accounting records.

Incorrect Answers

A:

Deliberate fabrication of payees to obtain funds may satisfy theft and fraud statutes when intent and payment elements are established; skimming of receipts is the issue raised by the described conduct.

B:

Fraudulent diversion of electronic funds can engage property, computer-access or wire-fraud laws depending on how access and transfer occurred; the inquiry instead concerns Skimming of receipts, with its own elements.

C:

Unauthorized alterations may implicate forgery, theft and payment-fraud laws, with liability depending on knowledge and use; the relevant step in this scenario is Skimming of receipts.

Question 227

An accounts clerk changes an issued check's payee and deposits the proceeds. Which crime pattern is shown?

  1. Skimming of receipts
  2. Negotiable-instrument alteration
  3. Payroll disbursement fraud
  4. Electronic funds misappropriation

Explanation

Correct Answer

B:

Unauthorized alterations may implicate forgery, theft and payment-fraud laws, with liability depending on knowledge and use.

Incorrect Answers

A:

Taking incoming money before formal entry can constitute theft or fraud while obscuring the transaction from accounting records; those prerequisites should not be confused with Negotiable-instrument alteration.

C:

Deliberate fabrication of payees to obtain funds may satisfy theft and fraud statutes when intent and payment elements are established; negotiable-instrument alteration addresses the distinct legal requirement stated in the facts.

D:

Fraudulent diversion of electronic funds can engage property, computer-access or wire-fraud laws depending on how access and transfer occurred; negotiable-instrument alteration raises a different threshold from this alternative.

Question 228

An employee makes an unauthorized electronic transfer from a protected corporate account. Which legal classification is relevant?

  1. Negotiable-instrument alteration
  2. Payroll disbursement fraud
  3. Skimming of receipts
  4. Electronic funds misappropriation

Explanation

Correct Answer

D:

Fraudulent diversion of electronic funds can engage property, computer-access or wire-fraud laws depending on how access and transfer occurred.

Incorrect Answers

A:

Unauthorized alterations may implicate forgery, theft and payment-fraud laws, with liability depending on knowledge and use; the circumstances point to Electronic funds misappropriation rather than that separate test.

B:

Deliberate fabrication of payees to obtain funds may satisfy theft and fraud statutes when intent and payment elements are established; electronic funds misappropriation is the issue raised by the described conduct.

C:

Taking incoming money before formal entry can constitute theft or fraud while obscuring the transaction from accounting records; the inquiry instead concerns Electronic funds misappropriation, with its own elements.

Question 229

An executive knowingly forges another person's signature to make a contract appear authorized. Which wrongdoing is considered?

  1. Identity-based obstruction
  2. Forgery
  3. Uttering a forged instrument
  4. Falsification of business records

Explanation

Correct Answer

B:

Forgery concerns making or altering an instrument falsely with the required intent to defraud, subject to local statutory definitions.

Incorrect Answers

A:

Deliberate deception to defeat a required legal process may support specified obstruction or identification offenses if their elements are established; here the operative distinction is Forgery.

C:

Some jurisdictions prohibit knowingly passing or using a forged document as genuine, even when the accused did not forge it personally; those prerequisites should not be confused with Forgery.

D:

Applicable statutes may criminalize intentional false entries in business records, with required purpose and jurisdiction-dependent severity; forgery addresses the distinct legal requirement stated in the facts.

Question 230

A person presents a forged receipt to a lender while knowing it is false. Which distinct conduct may be charged?

  1. Identity-based obstruction
  2. Uttering a forged instrument
  3. Falsification of business records
  4. Forgery

Explanation

Correct Answer

B:

Some jurisdictions prohibit knowingly passing or using a forged document as genuine, even when the accused did not forge it personally.

Incorrect Answers

A:

Deliberate deception to defeat a required legal process may support specified obstruction or identification offenses if their elements are established; that concept must be distinguished from Uttering a forged instrument here.

C:

Applicable statutes may criminalize intentional false entries in business records, with required purpose and jurisdiction-dependent severity; the circumstances point to Uttering a forged instrument rather than that separate test.

D:

Forgery concerns making or altering an instrument falsely with the required intent to defraud, subject to local statutory definitions; uttering a forged instrument is the issue raised by the described conduct.

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