Free ACFE CFE-Law Practice Exam with Questions & Answers | Set: 7

The correct answer is D. The CFE Manual states that a person can be qualified as an expert based on special training or experience. It also explains that there is no standard educational requirement for expert testimony and that even a witness with no formal education may still be qualified if the witness has sufficient training or experience in the relevant field.

This is why option A is incorrect: educational accomplishments can help, but they are not the primary or exclusive basis for qualification. Option B is also incorrect because expert qualification is determined by the judge, not by unanimous party approval. Option C is inaccurate because the Manual specifically lists licensing or certification as one of the factors that may be considered in deciding whether a witness is qualified, even though certification alone is not required.

In adversarial jurisdictions, the central question is whether the proposed expert has enough relevant knowledge to assist the trier of fact on the issue in dispute. Because the Manual expressly says an expert may be qualified through special training or experience, D is the most accurate statement.

The correct answer is C. The CFE Manual explains that an FCPA bribery violation generally requires five elements: a regulated party makes a payment or offer to a foreign official, with corrupt intent, for the purpose of influencing a business purpose. A private U.S. company is a domestic concern and therefore a regulated party under the FCPA. A Chinese public official qualifies as a foreign official, and paying that official $45,000 to influence the award of contracts clearly reflects corrupt intent tied to obtaining business. That fits the FCPA framework directly.

Option A describes a required fee to conduct business, not necessarily a corrupt payment to a foreign official. Option B involves bribery of a private-sector person, but the Manual states that the FCPA applies to bribery of foreign government officials, not commercial bribery involving private entities. Option D is less clearly within U.S. FCPA jurisdiction because it involves a UK company; while some foreign entities can fall under the FCPA if they take acts in furtherance of the corrupt payment within U.S. territory, that fact is not stated here. Therefore, C is the clearest and most direct FCPA violation.

This question tests your knowledge of Domain 10.

In the context of Basic Principles of Evidence, specifically relating to privilege, the question asks about MOST ACCURATE.

The correct answer is 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.

This question tests knowledge of evidence principles. The correct answer correctly distinguishes between types of evidence, admissibility requirements, or evidentiary privileges. Proper handling of evidence is crucial for successful fraud investigations and prosecutions.