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Question 66

Which of the following is NOT a step a fraud examiner must take before seizing evidence in a digital forensic investigation?

A.Obtain and become familiar with any legal orders that apply to the investigation
B.Assemble an investigation team comprised only of outside digital forensic experts
C.Ensure that only trained professionals employ any software used in a forensic capacity
D.Determine whether there are privacy issues related to the item(s) to be searched.

Correct Answer: B

The Fraud Examiners Manual lists required steps before seizing evidence:
Obtain legal authority.
Review privacy issues.
Ensure software/hardware are validated.
Document surroundings, inspect for traps, image drives, etc.
There is no requirement to assemble a team exclusively of outside experts.
Before seizing evidence in a digital forensic investigation, the 2014 International Fraud Examiners Manual outlines several critical steps:
Obtain legal authority / review orders:
"Before obtaining evidence, ensure that there is legal authority to seize evidence and review the data associated with the evidence. This might require obtaining a warrant in a criminal matter or ensuring that internal policies authorise seizure for an internal investigation." Determine privacy issues:
"Before the fraud examiner can seize evidence, he must take certain steps to help ensure that the evidence will be admissible: He must determine whether there are any privacy interests in the item(s) to be searched... In every case where it becomes necessary to seize a computer or other device capable of storing digital evidence, the investigator should consult with legal counsel." Use only trained professionals/software:
"It is important to allow a trained examiner to conduct a proper seizure and examination of digital evidence to help ensure that the information can be used in a legal proceeding."
# These are all valid required steps.
In contrast, the idea that the team must be composed only of outside digital forensic experts is NOT a required step. The Manual stresses flexibility in team composition:
"Some organisations have their own in-house personnel... while others might prefer the use of an outside examiner. Sometimes retrieving digital data is as easy as searching the target computer's hard drive, but other times retrieval requires a thorough knowledge of computers." Thus, requiring only outside experts is not a standard step, since investigations may use internal, external, or a mix of specialists depending on the situation.

Question 67

Which of the following is NOT an element that is generally required to establish a claim alleging the common law civil wrong for intentional infliction of emotional distress?

A.The victim ' s distress occurred for at least two years.
B.The victim suffered distress due to the defendant ' s conduct.
C.The defendant engaged in extreme and outrageous conduct.
D.The defendant acted intentionally or recklessly.

Question 68

Isaiah, a Certified Fraud Examiner (CFE), is conducting an admission-seeking interview with Ruben, a fraud suspect. Isaiah says, "Ruben, I think you were trying to get back at your supervisor for the time he did not give you a raise when you were due for one. I would probably feel the same. That is what happened, isn't it, Ruben?" Isaiah's statement seeks to establish Ruben's rationalization for his misconduct by:

A.Empathizing with Ruben regarding unfair treatment.
B.Claiming that Ruben's actions were based upon altruistic reasons.
C.Making Ruben's misbehavior seem like an aberration.
D.Reducing Ruben's perception of the legal seriousness of the issue.

Question 69

Divya, a Certified Fraud Examiner (CFE), is considering whether to commence a legal action to recover assets for her client. Of the following choices, which is the MOST IMPORTANT question for Divya to ask before moving forward with the legal action?

A."Does the defendant have sufficient money or property to satisfy a judgment?"
B."Has the suspect been arrested for any crimes in the past?"
C."What is the likelihood that the suspect did not actually commit fraud?"
D."Is there a relevant statute of limitations for the offense?"

Question 70

An employee at XYZ Company applies for a loan at a local bank on the company's behalf and falsifies financial information without management's knowledge. The bank grants the loan based on the fraudulent numbers. When XYZ Company fails to repay the loan, the bank files a civil suit against the company and trial proceedings commence. Assuming that XYZ Company operates in a civil law jurisdiction, when would the company's duty to preserve evidence begin in this situation?

A.When the trial proceedings commence and the court instructs the parties to retain items.
B.When the employee completes the fraudulent application.
C.When the loan is granted based on the fraudulent numbers.
D.When XYZ Company fails to repay the loan and the bank suffers a loss.

Question 66

Question 67

Question 68

Question 69

Question 70

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