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  1. Home
  2. ACFE Certification
  3. CFE-Fraud-Investigations-and-Legal-Issues Exam
  4. ACFE.CFE-Fraud-Investigations-and-Legal-Issues.v2026-10-08.q178 Dumps
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Question 161

Marilyn, a Certified Fraud Examiner (CFE). is reasonably sure that Shelly, her primary suspect, committed the fraud in question Before scheduling an admission-seeking interview with Shelly. Marilyn should be reasonably sure of all of the following EXCEPT:

Correct Answer: C
The Fraud Examiners Manual specifies that admission-seeking interviews should only be conducted when:
"There is a reasonable probability that the respondent has committed the act in question.
All other reasonable investigative steps have been completed.
The interviewer can reasonably control the place, time, and subject matter of the interview." There is no requirement that the examiner must be sure no one else was involved. Therefore, C is correct.
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Question 162

Gilbert is preparing to conduct a covert investigation. Before acting, he wants to wnte a memorandum documenting his plan. Which of the following pieces of information should he include in this memorandum?

Correct Answer: A
The Manual and Prep Guide state:
"Before conducting a covert operation, it is essential that the basis for the operation be committed to writing, preferably in a memo. The memorandum should clearly state: the information upon which the covert operation will be based; the information that is expected to be gained from the operation; the identities of suspects, if known; operatives under the fraud examiner's care, custody, or control. Confidential sources' identities should not be disclosed." Thus, expected information belongs, but confidential source identities must not
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Question 163

Tonya, a suspect in a kickback scheme, is being interviewed by Carlos, a fraud examiner. As the interview progresses. Carlos notices that Tonya is exhibiting signs of stress, such as repeatedly touching her face, crossing and uncrossing her legs, and darting her eyes around the room Carlos should conclude that Tonya ' s behavior is the result of deception

Correct Answer: B
"Signs of stress do not always mean that a subject is lying... While lying and deception do cause stress, it is not necessarily true that all stress exhibited during an interview is caused by lying".
The Prep guide confirms: "While lying and deception do indeed cause stress, it is not necessarily true that all stress exhibited during an interview is caused by lying".
Therefore, Carlos should not automatically conclude deception from stress behaviors.
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Question 164

Which of the following elements must be proven to establish a perjury offense?

Correct Answer: C
Perjury generally involves knowingly making a false statement under oath or affirmation about a material or relevant matter in an official proceeding. The best answer is C because the false statement must be relevant or material to the proceeding. Option A is too broad because statements to opposing counsel are not automatically perjury unless made under oath in an authorized proceeding, such as a deposition, and satisfy the other elements. Option B is incomplete because not every false statement in court establishes perjury; the statement must be made knowingly, under oath, and concern a relevant or material matter. Option D is incorrect because statements to one's attorney before litigation are not perjury. Therefore, relevance to the proceeding is a required element.
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Question 165

Amanda works for a government contractor. She informs the government that her employer has been submitting false claims to the government for payment. Later, it is discovered that Amanda misappropriated more than $150,000 of her employer's money. Amanda qualifies as a whistleblower entitled to anti-retaliation protection under the law because of her report to the government. Which of the following statements about Amanda is correct?

Correct Answer: A
The correct answer is A. Whistleblower anti-retaliation laws protect employees from being punished because they engaged in protected reporting activity. They do not generally give the employee immunity for separate misconduct. If Amanda reported suspected false claims to the government, that report can qualify as protected whistleblowing. However, if the employer later discovers that Amanda misappropriated more than $150,000, the employer can generally terminate her for that independent misconduct, so long as the termination is based on the theft and not as retaliation for the report.
Option B is incorrect because whistleblower status does not prevent termination for legitimate, nonretaliatory reasons. Option C is incorrect because terminating Amanda for making the report would be exactly the kind of retaliatory conduct anti-retaliation rules are designed to prohibit. Option D is therefore also incorrect. In CFE terms, the key distinction is between protected activity and independent grounds for discipline.
Employers usually remain free to discipline or dismiss a whistleblower for fraud, theft, performance failures, or other valid reasons unrelated to the protected disclosure. Therefore, the legally correct statement is that the employer can terminate Amanda for misappropriating funds. General ACFE materials on whistleblower protections likewise emphasize protection from retaliation, not immunity from consequences for unrelated wrongdoing.
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