Which of the following is a recommended strategy when conducting admission-seeking interviews?
Correct Answer: A
"The interviewer must not express disgust, outrage, or moral condemnation... the basic logic of obtaining confessions can be summed up as maximize sympathy and minimize the perception of moral wrongdoing". Sympathy creates an environment conducive to confession, while other options (third-party presence, emphasizing immorality, or pressuring with time) are explicitly discouraged.
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?
Correct Answer: A
The correct answer is A. The CFE Manual explains that to recover for intentional infliction of emotional distress, the plaintiff must prove that the defendant engaged in extreme and outrageous conduct, that the defendant acted intentionally or recklessly, and that the victim actually suffered emotional or mental distress as a result of the defendant's conduct. These core elements match options B, C, and D. There is no general requirement that the distress must have lasted for at least two years. That time-based condition is not one of the recognized elements listed in the CFE Law section. The Manual instead focuses on the nature of the conduct and the causal connection between that conduct and the victim's injury. It also notes that the conduct must be sufficiently outrageous to exceed the bounds tolerated by civilized society and that mere insults or ordinary upset are not enough. Additionally, the Manual emphasizes that actionable claims require proof of serious, visible, and provable harm. Still, none of those requirements impose a fixed minimum duration such as two years. Accordingly, A is the only choice that is not a required element of this common law tort.
Which of the following is MOST LIKELY to affect the rights that an employee may have during an internal investigation?
Correct Answer: B
This question tests your knowledge of Domain 7. In the context of Individual Rights During Examinations, specifically relating to employee, the question asks about MOST LIKELY. The correct answer is B: The existence of a collective bargaining agreement.. This question relates to individual rights during examinations. The correct answer accurately describes the legal protections, obligations, or privacy considerations that apply in workplace investigations. Fraud examiners must balance investigative needs with legal protections for individuals. References: - CFE Exam Content Outline: Domain 7: Individual Rights During Examinations - employee - Fraud Examiners Manual, Law Section
Greg, a Certified Fraud Examiner (CFE), is hired by management at Green Inc. to investigate a human resources (HR) employee suspected of committing payroll fraud. When conducting the fraud examination, Greg should proceed as though:
Correct Answer: B
Greg should conduct the fraud examination as though the case will result in litigation. This principle ensures that evidence is collected, preserved, documented, and analyzed in a manner consistent with legal standards. Even if the organization ultimately handles the matter internally, the examiner should assume that the evidence, report, notes, and testimony might later be examined in court, arbitration, regulatory proceedings, or employment litigation. Option A is too narrow because internal discipline is only one possible outcome. Option C is incorrect because the examiner must remain objective, not assume innocence or guilt. Option D may be possible, but media attention is not the controlling assumption. The proper investigative mindset is to prepare the matter as if legal proceedings will follow.
Martin is a fraud examiner. He contacts Dianne for the purpose of conducting a routine, information-gathering interview. Dianne says that she wants her coworker. Sheila, whom Martin also plans to interview, to be present during the interview. Martin should:
Correct Answer: A
Best practice is to conduct interviews individually. The Manual states: "When conducting interviews, witnesses should be interviewed separately. Interviewing multiple witnesses together risks contamination of testimony and reduced reliability of responses".
