FPD Flashcards

1
Q

For analytical review procedures performed during a F/S audit to be most effective in uncovering fraud, the scheme must materially impact the F/S.

A

True

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2
Q
Who can potentiallybind a Corp through their own misconduct? 
BOD
EO
Managers/Suo
Low level employees 
Independent contractors
A

TBD

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3
Q

Karl finds a residential property with a non-resident owner. He then forges contractual property documents showing that the owner is transferring ownership of the property completely to Karl, such as would normally happen during a property sale. The property owner is unaware that Karl has created and filed the documents. Later, Karl takes the falsified documents to a lender and borrows money against the property. Which of the following best describes Karl’s scheme?

A. Unauthorized draw on home equity line of credit
B. Fraudulent sale
C. Air loan
D. Property flipping

A

Fraudulent sale
Fraudulent sale scams are particularly harmful because they involve the fraudulent acquisition of real estate by filing a fraudulent deed or respective real estate document that makes it appear that the property legally belongs to the criminal. This scam does not happen at the origination of the loan, but rather might occur without the homeowner’s knowledge decades after the property was originally sold.

The perpetrator identifies a property—typically belonging to an estate or non-resident owner—that is owned free and clear. He then creates fictitious property transfer documents that purport to grant all rights and title on the property to the fraudster. The true owner’s signature is forged on the documents, and the scammer files them in the jurisdiction’s real property records. Once the ownership documents are filed, he applies for and executes a loan on the property (using a straw borrower). Often, the value is inflated. He absconds with 100 percent of the loan proceeds.

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4
Q

Baker, the managing partner in a small law firm, is the authorized signer on all company checks. When his personal phone bill arrived last month, Baker prepared and signed a company check to pay the bill. He did not disclose this payment to his partners. Baker committed:
A. A mischaracterized expense scheme B. A false billing scheme
C. A forged maker scheme
D. An authorized maker scheme

A

An authorized maker scheme

An authorized maker scheme is a type of check tampering fraud in which an employee with signature authority on a company account writes fraudulent checks for his own benefit and signs his own name as the maker. The most common example occurs when a majority owner or sole shareholder uses his company to pay personal expenses directly out of company accounts. Baker’s scheme is not a billing scheme because he wrote the check himself and there is no indication that he submitted the phone bill to the firm’s regular payment cycle.

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5
Q
In a construction loan, developer overhead is a ripe area for abuse. The purpose of developer overhead is to provide:
 A. Profit margin 
 B. Labor reimbursements   
 C. Budget shortfall   
 D. Operating capital
A

Operating capital
It is not uncommon in construction financing to have a budget line item for developer overhead. This is a ripe area for abuse. The purpose of developer overhead is to supply the developer with operating capital while the project is under construction. This overhead allocation should not include a profit percentage, as the developer realizes profit upon completion.

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6
Q

Which of the following is NOT considered to be a red flag of a Ponzi scheme?
A. A financial manager who puts an unusual amount of pressure on investors to act immediately
B. A financial manager who manages, administers, and retains custody of the investment funds
C. An investment that has a history of inconsistent returns coinciding with fluctuations in financial markets
D. An investment that promises extremely high or short-term returns with little risk involved

A

An investment that has a history of inconsistent returns coinciding with fluctuations in financial markets
Several red flags can help investigators uncover Ponzi schemes:
• Sounds too good to be true: If an investment sounds too good to be true, it probably is.
• Promises of low risk or high rewards: Promoters of Ponzi schemes typically promise implausibly high or quick returns with little risk. As all legitimate investments include some degree of risk, any guarantee that an investment will perform in a certain way is a clear signal that it might be part of a Ponzi scheme.
• History of consistent returns: Any firm that generates remarkably consistent returns regardless of market conditions should raise suspicions.
• High-pressure sales tactics: Reputable investment firms and agents do not push potential investors to act immediately, and legitimate investment opportunities are rarely that time sensitive.
• Pressure to reinvest: Often, fraudsters keep Ponzi schemes alive by convincing investors to reinvest their profits rather than take a payout.
• Complex trading strategies: Legitimate agents should be able to provide clear explanations about their investment strategies. For obvious reasons, Ponzi-scheme boosters purposefully employ complicated strategies that confound unsophisticated investors.
• Lack of transparency or access: Secrecy surrounding the operations of a financial company should be an immediate warning sign. Ponzi operators are often unlicensed and their supposed investments are typically unregistered. Additionally, a lack of access to regular statements or an online account should trigger alarm.
• Lack of segregation of duties: Investors should be wary of any financial manager who manages, administers, and retains custody of the fund in question.

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7
Q

In a managed care environment, insured fraud might be reduced, but provider fraud is still very common.

A

True
In a managed care environment, fraud is not eliminated. Insured fraud might be substantially reduced, but provider fraud remains common. In addition to billing for fraudulent services, managed care has an additional incentive for fraud. Because the providers share in the financial risk of a patient, there is the potential to provide fewer services to a patient since a fixed capitation rate allows the patient unlimited visits to the provider.

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8
Q

How does vertical analysis differ from horizontal analysis?
A. Vertical analysis expresses the percentage of component items to a specific base item, while horizontal analysis analyzes the percentage change in individual financial statement items from one year to the next.
B. Vertical analysis is a means of measuring the relationship between any two different financial statement amounts, whereas horizontal analysis examines the relationship between specific financial statement ratios.
C. Vertical analysis compares items on one financial statement to items on a different financial statement, while horizontal analysis compares items on the same financial statement.
D. Vertical analysis compares the performance of a parent company to its subsidiary, while horizontal analysis compares different companies across an industry.

A

Vertical analysis expresses the percentage of component items to a specific base item, while horizontal analysis analyzes the percentage change in individual financial statement items from one year to the next.
Vertical analysis is the expression of the relationship or percentage of component items to a specific base item on the income statement or balance sheet. Horizontal analysis is a technique for analyzing the percentage change in individual financial statement items from one year to the next. Ratio analysis is a means of measuring the relationship between any two different financial statement amounts. The relationship and comparison are the keys to any of these types of financial analyses.

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9
Q
Which of the following is an information security goal that an e-commerce system should endeavor to meet for its users and asset holders? 
 A. Exactness   
 B. Non-repudiation  
 C. Systems reliability  
 D. Access authority
A

Non-repudiation
Non-repudiation is an information security goal that an e-commerce system should strive to provide its users and asset holders. It refers to a method used to guarantee that the parties involved in an e-commerce transaction cannot repudiate (deny) participation in that transaction. Non-repudiation is obtained through the use of digital signatures, confirmation services, and timestamps.

Additional information security goals that should be achieved to ensure the security of information systems for users and account holders include:
•Confidentiality of data
•Integrity of data
•Availability of data
•Authentication
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10
Q

Which of the following statements is TRUE regarding a fictitious refund scheme?
A. Inventory is returned to the store
B. The victim company’s inventory is understated
C. The amount of cash in the register balances with the register log
D. All of the above

A

The amount of cash in the register balances with the register log

In a fictitious refund scheme, an employee processes a transaction as if a customer were returning merchandise, even though no actual return takes place. The register log balances with the amount of cash in the register because the money that was taken by the fraudster is supposed to have been removed and given to the customer as a refund. Instead, however, the employee keeps this cash.

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11
Q

When preparing a room for an admission-seeking interview, the suspect’s chair should be:
A. Behind a desk or table
B. As comfortable as possible
C. Within full view of the fraud examiner
D. Higher than the interviewer’s chair

A

Within full view of the fraud examiner
When preparing a room for an admission-seeking interview, chairs should be placed about four to six feet apart, and the accused should not be permitted to sit behind any physical barriers, such as chairs, tables, or desks. This is to prevent a physical barrier from becoming a psychological barrier that might inhibit responses from the accused.

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12
Q
Which of the following is an appropriate moral excuse clause to include in a signed confession?
 A. “I didn’t mean to do it." 
 B. “I didn’t do it on purpose."   
 C. “I didn’t mean to hurt anyone."  
 D. "I didn't know it was illegal."
A

“I didn’t mean to hurt anyone.”

The signed statement should include the confessor’s moral excuse, but the fraud examiner should ensure that the wording of the excuse clause does not diminish legal responsibility. Instead of using language like “I didn’t mean to do it,” which implies lack of intent, the interviewer should focus on an excuse that provides only a moral explanation for the misconduct.

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13
Q
A(n) \_\_\_\_\_\_\_\_\_\_\_ is a writing, usually a signature, prepared by carefully copying or tracing a model example of another person’s writings.
 A. Indented writing   
 B. Autoforgery
 C. Simulated forgery
 D. Anachronism
A

A simulated or traced forgery is a writing, usually a signature, prepared by carefully copying or tracing a model example of another person’s writings. Although identifiable as a forgery, a simulated, or traced signature, forgery often does not contain enough of the forger’s normal handwriting characteristics to permit expert identification.

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14
Q

Which of the following facts would best support the defense of a law enforcement officer against an allegation of entrapment?
A. The officer acted without malice
B. The officer acted based on his suspicion of fraud
C. The officer acted based on a tip from a reliable source
D. All of the above

A

The officer acted based on a tip from a reliable source
Many jurisdictions recognize the legal defense of entrapment. Entrapment occurs when law enforcement officers or government agents induce a person to commit a crime that he is not previously disposed to commit. Entrapment also poses a legal problem in covert operations, particularly in undercover operations, because the defendant might not be found liable if it appears that he was improperly induced to commit the crime. Therefore, it is imperative that the operation be properly predicated. The law enforcement officer or government agent must act based on more than mere suspicion. For example, if the officer received a reliable tip that a suspect committed fraud, then that could serve as adequate predication. Covert operations must not be used for aimless searches for information performed without notions of what might be uncovered.

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15
Q

Which of the following is TRUE regarding fraud risks?
A. Risks that are present before the effect of internal controls are described as residual risks.
B. The objective of anti-fraud controls is to make the inherent fraud risk significantly smaller than the residual fraud risk.
C. The objective of anti-fraud controls is to make the residual fraud risk significantly smaller than the inherent fraud risk.
D. The objective of anti-fraud controls is to completely eliminate residual fraud risks.

A

The objective of anti-fraud controls is to make the residual fraud risk significantly smaller than the inherent fraud risk.
When considering the fraud risks faced by an organization, it is helpful to analyze how significant a risk is before and after risk response. Risks that are present before the effect of internal controls are described as inherent risks. The risks that remain after the effect of internal controls are described as residual risks.

For example, there is an inherent risk that the employee in charge of receiving customer payments at a small company might embezzle incoming cash. Controls, such as segregation of duties and oversight from the company owner, can be implemented to help mitigate this risk; however, even with such controls in place, some residual risk will likely remain that the bookkeeper might still manage to embezzle funds. The objective of the controls is to make the residual risk significantly smaller than the inherent risk.

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16
Q

What is the objective of a fraud risk assessment?
A. To help an organization identify what makes it most vulnerable to fraud
B. To provide an estimate of an organization’s fraud losses
C. To assess the design and effectiveness of an organization’s internal controls over financial reporting
D. To establish the guilt or innocence of an employee suspected of committing fraud

A

To help an organization identify what makes it most vulnerable to fraud

In the simplest terms, the objective of a fraud risk assessment is to help an organization identify what makes it most vulnerable to fraud. Through a fraud risk assessment, the organization is able to identify where fraud is most likely to occur, enabling proactive measures to be considered and implemented to reduce the chance that it could happen

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17
Q
Of the following parties, who is responsible for the oversight of the organization’s financial, accounting, and audit matters?
 A. The internal auditors   
 B. The external auditors   
 C. The CFO   
 D. The audit committee
A

The audit committee
As a sub-group of the board of directors, the audit committee is often delegated oversight of the organization’s financial, accounting, and audit matters and reports to the full board. As part of this responsibility, the committee must take an active role in overseeing the assessment and monitoring of the organization’s fraud risks. This involves:
•Receiving regular reports on the status of reported or alleged fraud
•Being aware of fraud risks that are common in the organization’s industry
•Meeting regularly with key internal parties (such as the chief audit executive or other senior financial persons) to discuss identified fraud risks and the steps being taken to prevent and detect fraud
•Understanding how internal and external audit strategies address fraud risk
•Providing external auditors with evidence that the audit committee is dedicated to effective fraud risk management
•Engaging in open conversations with external auditors about any known or suspected fraud
•Seeking advice of legal counsel whenever it deals with allegations of fraud

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18
Q

Which of the following is a principle pertaining to the information and communication component of COSO’s Internal Control—Integrated Framework?
A. The organization communicates with external parties regarding matters affecting the functioning of internal control
B. The organization obtains or generates and uses relevant, quality information to support the functioning of internal control
C. The organization internally communicates information—including objectives and responsibilities for internal control—necessary to support the functioning of internal control
D. All of the above

A

The information and communication component of COSO’s Internal Control—Integrated Framework relates to the exchange of information in a way that allows employees to carry out their internal control responsibilities and achieve the organization’s objectives. According to COSO, the following principles pertain to this component:
•The organization obtains or generates and uses relevant, quality information to support the functioning of internal control.
•The organization internally communicates information—including objectives and responsibilities for internal control—necessary to support the functioning of internal control.
•The organization communicates with external parties regarding matters affecting the functioning of internal control.

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19
Q

Which of the following is INCORRECT regarding the code of ethics requirements under the Sarbanes-Oxley Act?
A. Public U.S. companies must make publicly available the portions of their code of ethics that address the ethical considerations that apply to senior financial officers.
B. Public U.S. companies must disclose in their annual report whether they have adopted a code of ethics for senior financial officers, and if they have not, they must explain their reasoning.
C. The SEC has laid out specific language that must be included in all public U.S. companies’ code of ethics for senior financial officers.
D. The SEC believes that determining the particular sanctions for violations of the code of ethics is best left to the discretion of the company.

A

The SEC has laid out specific language that must be included in all public U.S. companies’ code of ethics for senior financial officers.
As required by the Sarbanes-Oxley Act, public U.S. companies must disclose in their annual report whether they have adopted a code of ethics for senior financial officers, and if they have not, they must explain their reasoning. The SEC believes that the establishment of the detailed provisions of the code of ethics is best left to the discretion of the company. Therefore, the rules do not specify any detailed requirements, particular language, compliance procedures, or sanctions for violations that must be included in the code of ethics. The SEC does, however, encourage the adoption of codes that are broader and more comprehensive than necessary to meet the disclosure requirements.

In addition to the disclosure of the existence of the code of ethics in the annual report, the rules require that companies make publicly available the portions of their code of ethics that address the ethical considerations contained within the definition of code of ethics that apply to the senior financial officers.

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20
Q

During an admission-seeking interview of a fraud suspect, Gary, a Certified Fraud Examiner, accuses the suspect of having committed a fraud. Gary’s accusation violates the ACFE Code of Professional Ethics.
A. True
B. False

A

False
Article V of the ACFE Code of Professional Ethics states: “An ACFE member, in conducting an examination, will obtain evidence or other documentation to establish a reasonable basis for any opinion rendered. No opinion shall be expressed regarding the guilt or innocence of any person or party.” Although it does not specifically state such, Article V really applies to statements of opinion made to third parties. If the fraud examiner was interviewing a suspect whose guilt was highly probable, the Code would not prohibit the fraud examiner from making accusations. The admission-seeking process, used extensively by fraud examiners, requires that accusations be made of the probable guilty party. As long as these accusations are not communicated to third parties, the fraud examiner would not be in violation of the Code.

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21
Q

The purpose of corporate governance is to:
A. Provide reasonable assurance regarding the organization’s compliance with applicable laws and regulations.
B. Prevent and detect financial misstatements, whether caused by errors or fraud.
C. Ensure the accuracy and reliability of the organization’s financial reports.
D. Encourage the efficient use of resources and require accountability for the stewardship of those resources.

A

Encourage the efficient use of resources and require accountability for the stewardship of those resources.

Sir Adrian Cadbury, chairman of the committee that developed the foundational corporate governance guidance The Cadbury Report, stated that the purpose of corporate governance is “to encourage the efficient use of resources and equally to require accountability for the stewardship of those resources. The aim is to align as nearly as possible the interests of individuals, corporations, and society.”

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22
Q
According to the 2016 Report to the Nations, which of the three major categories of occupational fraud is the most common?
 A. Asset misappropriations   
 B. Identity theft   
 C. Financial statement fraud  
 D. Corruption
A
Asset misappropriations (Key word OCCUPATIONAL)
All occupational frauds fall into one of three major categories: asset misappropriation, corruption, or financial statement fraud. In the 2016 Report to the Nations, asset misappropriation schemes were both the most commonly reported—occurring in more than 83 percent of cases—and the least costly of the three major categories of occupational fraud. Financial statement fraud, on the other hand, was the least commonly reported type of occupational fraud, occurring in less than 10 percent of cases reported, but these schemes caused considerably more damage than frauds in the other two categories. Corruption schemes fell in the middle of the spectrum in terms of frequency and cost
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23
Q

When deciding on techniques to use as part of a fraud risk assessment, the assessment team should consider what methods are already commonly and effectively used throughout the organization.
A. True
B. False

A

True
There are many ways to go about conducting the fraud risk assessment. Picking a method or combination of methods that is culturally right for the organization will help to ensure its success. The assessment team should also consider the best ways to gather candid, truthful information from people throughout all levels of the organization, starting by understanding what techniques are commonly and effectively used throughout the organization.

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24
Q

According to a study conducted by Dr. Steve Albrecht, college graduates are more likely than non-college graduates to spend the proceeds of an occupational crime on luxuries, such as extravagant vacations or expensive automobiles.

A

False
According to Dr. Steve Albrecht, perpetrators who were interested primarily in “beating the system” committed larger frauds. However, perpetrators who believed their pay was not adequate committed primarily small frauds. Lack of segregation of responsibilities, placing undeserved trust in key employees, imposing unrealistic goals, and operating on a crisis basis were all pressures or weaknesses associated with large frauds. College graduates were less likely to spend their illegal income on extravagant vacations, recreational property, extramarital relationships, and expensive automobiles. Finally, those with lower salaries were more likely to have a prior criminal record.

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25
Q

An admission-seeking interview is specifically designed to:
A. Obtain a legal admission of wrongdoing
B. Gather background information about the subject
C. Determine if the subject has withheld key information
D. All of the above

A

Obtain a legal admission of wrongdoing
The admission-seeking interview is designed to obtain a legal admission of wrongdoing. It also serves various other purposes. For example, it seeks to clear an innocent person and encourage a culpable person to confess. A culpable individual usually confesses during the admission-seeking phase of an interview, while an innocent person does not do so unless threats or coercion are used. Also, the interviewer will seek to obtain a valid confession. And finally, admission-seeking interviews are designed to convince the confessor to sign a written statement acknowledging the facts.

26
Q

Records obtained from financial institutions are perhaps the single most important financial source available to fraud examiners for purposes of tracing assets.

A

True
Records obtained from financial institutions are perhaps the single most important financial source available to fraud examiners for asset-tracing purposes. They can be used as evidence for fraud, as well as to:
•Identify witnesses and other evidence.
•Uncover criminal profits.
•Identify criminal assets.
•Locate assets that can be used to satisfy a judgment.
•Identify localities where assets are stored.
•Determine the lifestyle of an account holder.
•Determine the financial health of an organization.
•Determine the source of funds placed into an account.
•Determine the use of the funds from an account.

27
Q

In most interviews, more than half of the respondent’s communications with the interviewer are likely to be nonverbal.

A

True
The interviewer must be skilled in interpreting the respondent’s reactions to questions. Social scientists say that more than half of the communication between individuals is unspoken. The interviewer must, therefore, observe systematically, though in a nondescript manner, the various responses the respondent gives during the course of the conversation.

To observe the respondent’s reactions, the fraud examiner should move from comfortable to sensitive questions. That is, the interview process should begin by posing comfortable questions while establishing rapport. Asking comfortable questions will help the interviewer find some common ground on which to connect with the respondent.

28
Q

The main goal of adequately documenting the chain of custody of an item of evidence is to prevent an opposing party in litigation from seizing the evidence.

A

False
From the moment evidence is received, its chain of custody must be maintained for it to be accepted by the court. The chain of custody is both a process and a document that memorializes who has had possession of an object and what they have done with it. Essentially, the chain of custody is a recordkeeping procedure similar to physical inventory procedures.

Establishing the chain of custody for a document establishes authenticity (i.e., the document is in fact what the party offering the document says it is), but it also ensures that evidence has not been altered or changed from the time it was collected through production in court.

In general, to establish the chain of custody, fraud examiners must make a record of when they receive an item or when it leaves their care, custody, or control. This is best handled by a memorandum with the custodian of the records when the evidence is received

29
Q

A fraud examiner is preparing his fraud examination report at the conclusion of a fraud investigation. When including information regarding the interviews conducted during the examination, the fraud examiner should:
A. Include only the facts provided by the witnesses that substantiate the fraud allegation.
B. Use signed copies of his notes from the interviews as the primary recording document.
C. Include all information provided by all the witnesses, regardless of the relevance.
D. Report the details of each witness interview in a separate memorandum.

A

Report the details of each witness interview in a separate memorandum.
Written fraud examination reports must be accurate. Inaccuracies will affect the credibility of the report and the report’s author. Each contact a fraud examiner makes during the course of a fraud examination should be recorded on a timely basis in a separate memorandum that documents the details of the interview. Ordinarily, there is no need to recapitulate testimony word for word in the report, but the fraud examiner should include all facts of possible relevance for accuracy’s sake.

Also, relevant facts should be included regardless of which side they favor or what they prove or disprove. The written report conveys all evidence necessary to evaluate the case, and it can be used to corroborate previously known facts. An accurate report will add credibility to the fraud examination and to the fraud examiner’s work. Additionally, requiring a written report will force the fraud examiner to consider his actions during an investigation by ensuring that he documents his process. A well-written report will also omit irrelevant information, thereby allowing pertinent facts to stand out

30
Q

Grigori, a fraud suspect, has confessed to Dmitri, a Certified Fraud Examiner, that he has embezzled funds. Dmitri is unsure whether Grigori had an accomplice. Which of the following is the most appropriate question concerning accomplices?
A. “Did someone else know?”
B. “We have evidence someone else is involved. Who is it?”
C. “Was anyone else involved?”
D. “Who else knew about this besides you?”

A

“Who else knew about this besides you?”
Although most fraudsters commit their crimes without the aid of an accomplice, the interviewer should determine whether others were involved. To obtain this information, the interviewer should not ask if anyone else assisted the fraudster; instead, he should phrase the question similar to this: “Who else knew about this besides you?”

By asking who else “knew,” the interviewer is not only asking for the names of possible conspirators, but also about others who might have known what was going on and failed to report it. This question should be worded as “Who else knew?” rather than “Did someone else know?”

31
Q

Which of the following is a reason why a subject’s credit card records can be useful in asset tracing investigations?
A. Credit card charges can provide leads to identifying hidden assets.
B. Credit card records are available online for public inspection.
C. Credit card records can show signs of skimming.
D. Credit card statements show the source of the funds used to pay a credit card bill.

A

Credit card charges can provide leads to identifying hidden assets.
Credit card records are important in tracing assets because they reveal a great deal of personal and business information about the account holder. Among other things, information on credit card charges might provide leads to identifying hidden assets. For example, if a fraud examiner notices that the subject used his credit card to purchase items at a marina, the fraud examiner should investigate further to determine if the subject owns a boat.

The credit card application and the bank’s copies of monthly statements sent to the cardholder are the records that are most valuable to fraud examiners. Credit card applications require a considerable amount of financial information, and they generally require the same type of information found on a bank loan application. In today’s environment, credit cards might be tied to bank accounts and might not require a separate application.

Credit card statements also contain a great deal of important information. Generally, these statements contain the name of the credit card issuer, the cardholder’s account number, a summary of the transactions on the account, payment information, and a list of all the transactions that occurred during that month’s billing cycle (i.e., purchases, payments, credits, cash advances, and balance transfers). Credit card records will document out-of-town travel and, often, they will name people or entities with whom the subject conducts business.

32
Q
Black, a fraud examiner, is conducting textual analytics on emails sent to and from specific employees that his client has identified as fraud suspects. He is using the Fraud Triangle to come up with a list of fraud keywords to use in his search. Which of the following words found in email text might indicate a fraudster is rationalizing his actions? 
A. Write off 
B. Override    
C. Quota   
D. Deserve
A

Deserve
In conducting a textual analytics examination, the fraud examiner should come up with a list of fraud keywords that are likely to point to suspicious activity. This list will depend on the industry, the suspected fraud schemes or types of fraud risk present, and the data set the fraud examiner has available. In other words, if he is running a search through journal entry details, he will likely search for different fraud keywords than if he were running a search of emails.

The factors identified in the Fraud Triangle are helpful when coming up with a fraud keyword list. One of these factors is rationalization; consequently, the fraud examiner should consider how someone in the entity might be able to rationalize committing fraud. Because most fraudsters do not have a criminal background, justifying their actions is a key part of committing fraud. Some keywords that might indicate a fraudster is rationalizing his actions include reasonable, deserve, and temporary.

Other keywords can be used to identify the other factors indicated by the Fraud Triangle. For example, write off and override would indicate opportunity to commit fraud, while quota suggests pressure to commit fraud.

33
Q

Under the Institute of Internal Auditors’ International Standards for the Professional Practice of Internal Auditing, an organization’s internal audit function is required to hold primary responsibility for all internal fraud investigations.

A

False
The role that internal audit plays in fraud investigations varies by organization. Internal audit might have primary responsibility for fraud investigations, might serve as a resource for the investigations, or might have no involvement at all in the investigations.

34
Q

Which of the following is FALSE regarding the U.S. Corporate Sentencing Guidelines?
A. Judges in both state and federal courts are required to follow the Guidelines.
B. The Guidelines require that, whenever possible, the organization must pay full restitution to the victims of the crime.
C. The Guidelines were established to provide incentives for organizations to maintain internal mechanisms for preventing, detecting, and reporting criminal conduct.
D. The Guidelines allow for a reduction in fines for organizations found guilty of criminal conduct if they have effective compliance programs in place.

A

Judges in both state and federal courts are required to follow the Guidelines.
The Corporate Sentencing Guidelines only apply in U.S. federal courts, not state courts.

The introductory commentary to the Guidelines clearly states that they are designed to provide incentives for organizations to maintain internal mechanisms for preventing, detecting, and reporting criminal conduct. Among other things, the Guidelines suggest a substantial reduction of fines for organizations that have effective compliance programs.

Until January 2005, federal judges were required to use the Corporate Sentencing Guidelines to determine whether a defendant had an “effective compliance program” in place to prevent the violations for which it was being charged. But in two key U.S. Supreme Court rulings, the Supreme Court ruled that the Sixth Amendment right to a jury trial requires that the Corporate Sentencing Guidelines be advisory, rather than mandatory. Federal judges must still consider the Guidelines when sentencing, but are not required to sentence within the range set by the Guidelines. According to the Guidelines, judges are still required to examine the adequacy of a company’s compliance and ethics program.

The Corporate Sentencing Guidelines require that, whenever possible, the organization must pay full restitution to the victims of the crime. Restitution is not viewed as a form of punishment in the Guidelines, but rather as a means of remedying the harm caused by the offense

35
Q

Which of the following most exemplifies the rationalization leg of the Fraud Triangle?
A. “I’m confident I won’t get caught.”
B. “I’m in so much debt; I don’t have any other way to pay my bills.”
C. “I need the money to repay my drug dealer so no one will find out about my habit.”
D. “Management is dishonest, so why shouldn’t I be?”

A

“Management is dishonest, so why shouldn’t I be?”

One leg of the Fraud Triangle represents rationalization. Cressey pointed out that rationalization is not an ex post facto means of justifying a theft that has already occurred. Significantly, rationalization is a necessary component of the crime before it takes place; in fact, it is a part of the motivation for the crime. Because the embezzler does not view himself as a criminal, he must justify his misdeeds before he ever commits them. Examples of rationalizations include “The company owes me,” “Management is dishonest, so why shouldn’t I be?,” and “No one will really get hurt by such a small amount of missing money.”

36
Q

Under the ACFE Code of Professional Ethics, information provided to a fraud examiner by a client is considered privileged information and is therefore protected from being legally demanded by outside parties.

A

False
Privileged information is information that cannot be demanded, even by a court. Legal professional privilege precludes disclosure of confidential communications between professional legal advisors (e.g., solicitors, barristers, attorneys) and their clients. Some jurisdictions provide similar professional privileges for physicians and priests. However, fraud examiners do not have any such privilege in common law or by statute, and the ACFE Code of Professional Ethics does not assume a privileged status for the fraud examiner-client/employer relationship.

37
Q

Justine, a CFE, was contacted regarding an engagement to investigate a complex insurance fraud case involving an organized crime ring. Justine had previously taken a self-study CPE course on insurance fraud schemes, but she had no other training or experience in such cases. However, she accepted the engagement and chose to conduct the work herself. Justine’s conduct would likely be a violation of the ACFE Code of Professional Ethics.

A

True
Based on the facts provided, Justine likely violated Article III of the ACFE Code of Professional Ethics, which states: “An ACFE member shall, at all times, exhibit the highest level of integrity in the performance of all professional assignments, and will accept only assignments for which there is a reasonable expectation that the assignment will be completed with professional competence.” Professional competence refers to how well fraud examiners do their job. Determination of competence always depends on the specific facts and circumstances of the assignment. In this situation, if Justine only had received basic training and had no other experience in insurance fraud investigations, she would not be considered qualified or professionally competent to conduct such an examination for a client. Such conduct would be a violation of Article III, which requires fraud examiners to accept only those assignments which can be completed with professional competence.

38
Q

Systems based on the compliance theory of crime control attempt to achieve conformity to the law without having to detect, process, or penalize violators.

A

True
Enforcement strategies include two main theories: compliance and deterrence. Compliance is designed to achieve conformity to the law without having to detect, process, or penalize violators. Compliance systems provide economic incentives for voluntary compliance to the laws and use administrative efforts to control violations before they occur. In contrast, deterrence is designed to detect law violations, determine who is responsible, and penalize offenders to deter future violations. Deterrence systems try to control the immediate behavior of individuals, not the long-term behaviors targeted by compliance systems.

39
Q

According to the requirements of the Sarbanes-Oxley Act, which of the following parties is responsible for establishing procedures to handle complaints regarding irregularities in a publicly traded company’s accounting methods, internal controls, or auditing matters?
A. The audit committee
B. The external audit firm
C. Executive management D. The internal audit function

A

The audit committee
The Sarbanes-Oxley Act has several provisions that set out specific requirements for the audit committees of public companies. Specifically, the audit committee has the sole responsibility for hiring, overseeing, and paying the external auditors and for resolving any disputes that arise between the auditors and management regarding financial reporting issues. The audit committee is also required to establish procedures (e.g., a hotline) for receiving, retaining, and dealing with complaints, including confidential or anonymous employee tips, regarding irregularities in the company’s accounting methods, internal controls, or auditing matters. Additionally, the committee is required to pre-approve all services to be performed by the external auditors. While the audit committee may consult with outside advisors, it is not required to approve those advisors hired by management.

40
Q

The purpose of corporate governance is to:
A. Ensure the accuracy and reliability of the organization’s financial reports.
B. Provide reasonable assurance regarding the organization’s compliance with applicable laws and regulations.
C. Encourage the efficient use of resources and require accountability for the stewardship of those resources.
D. Prevent and detect financial misstatements, whether caused by errors or fraud.

A

Encourage the efficient use of resources and require accountability for the stewardship of those resources
Sir Adrian Cadbury, chairman of the committee that developed the foundational corporate governance guidance The Cadbury Report, stated that the purpose of corporate governance is “to encourage the efficient use of resources and equally to require accountability for the stewardship of those resources. The aim is to align as nearly as possible the interests of individuals, corporations, and society.”

41
Q

An entity’s corporate culture is most effectively assessed using a checklist of initiatives to make sure all the elements of a strong tone at the top are in place.

A

False
A strong corporate culture can most often be observed by its outcome, rather than by any individual component. Fostering a culture of ethics and compliance runs deeper than simply implementing a checklist of initiatives; similarly, a culture of corruption can exist even in companies with seemingly sound policies in place.

42
Q
Dr. Steve Albrecht conducted research that focused on fraud-related red flags in two principal categories: perpetrator characteristics and organizational environment. Which of the following was the organizational-environment factor that was most present in the frauds studied?
 A. Lack of clear lines of authority   
 B. Too much trust in key employees  
 C. Inadequate attention to details   
 D. None of the above
A

Too much trust in key employees
The ten most highly ranked factors from the list dealing with organizational environment were:
1.Placing too much trust in key employees
2.Lack of proper procedures for authorization of transactions
3.Inadequate disclosures of personal investments and incomes
4.No separation of authorization of transactions from the custody of related assets
5.Lack of independent checks on performance
6.Inadequate attention to details
7.No separation of custody of assets from the accounting for those assets
8.No separation of duties between accounting functions
9.Lack of clear lines of authority and responsibility
10.Department that is not frequently reviewed by internal auditors

43
Q
Text-based data is typically considered:
 A. Structured data   
 B. Documentary data  
 C. Narrative data   
 D. Unstructured data
A

Unstructured data
Data are either structured or unstructured. Structured data is the type of data found in a database, consisting of recognizable and predictable structures. Examples of structured data include sales records, payment or expense details, and financial reports. Unstructured data, by contrast, is data that would not be found in a traditional spreadsheet or database. It is typically text based.

44
Q

Which of the following is the most accurate description of the net-worth (or comparative net-worth) method of analysis?
A. The net-worth method is an indirect method of proving illicit income circumstantially by showing that a person’s assets or expenditures for a given period exceed that which can be accounted for from known or admitted legitimate sources of income.
B. The net-worth method refers to the process of using a subject’s books and records to determine the subject’s financial condition and identify the receipt or disposition of funds or assets.
C. The net-worth method is an indirect method of proving illicit income circumstantially by measuring and recording income as earned and recording expenses as incurred.
D. The net-worth method refers to the process of assigning forecasted income and expenses to accounts, which will be compared to actual income and expenses for analysis of variances.

A

The net-worth method is an indirect method of proving illicit income circumstantially by showing that a person’s assets or expenditures for a given period exceed that which can be accounted for from known or admitted legitimate sources of income.

The net-worth method (or comparative net-worth analysis) is used to prove illicit income circumstantially by showing that a person’s assets or expenditures for a given period exceed that which can be accounted for from known or admitted legitimate sources of income. Fraud examiners should use the net-worth method when several of the subject’s assets or liabilities have changed during the period under examination and when the target’s financial records are not available.

45
Q

What is Rock Phishers?

A

use botnets to send massive amounts of phishing emails to huge volumes of Internet users. The emails contain a message from a financial institution, enticing users to click on a fraudulent URL.

46
Q

What is pharming?

A

is a type of attack in which a user is fooled into entering sensitive data (such as a password or credit card number) into a malicious website that imitates a legitimate website. It is different from phishing in that in pharming schemes, the attacker does not have to rely on having the user click on a link in the email to direct him to the malicious website that is impersonating a legitimate website.

47
Q

What is reverse social engineering?

A

attacker gets the user to make the contact. In these schemes, the attacker disguises himself as a technical assistant or someone from whom the user needs help (a need often created by the attacker through sabotage beforehand). It is the reverse of social engineering—the user asks the attacker for help.

48
Q
In a/an \_\_\_\_\_\_\_\_\_\_\_\_\_ scheme, the company that initially conned a consumer contacts that consumer and offers to help retrieve the lost money. However, the investigation requires an upfront fee and the consumer is swindled again.
 A. Retrieval   
 B. Advance-fee   
 C. Double-hustle   
 D. Scavenger
A

The scavenger or revenge scheme involves the company that initially conned the consumer. Using a different company’s name, the outfit contacts the consumer again and asks if he would like to help put the unethical company out of business and get his money back. Naturally, an upfront fee is required to finance the investigation.

49
Q

Pharming differs from phishing in that in a pharming scheme:
A. The attacker delivers the solicitation message via telephones using Voice over Internet Protocol (VoIP) instead of email.
B. The attacker does not have to rely on having the user click on a link in an email to direct him to the malicious website that is imitating a legitimate website.
C. The attacker delivers the solicitation message via SMS (the protocol used to transmit text messages via mobile devices) instead of email.
D. The attacker has to rely on having the user click on a link in an email to direct him to the malicious website that is imitating a legitimate website.

A

The attacker does not have to rely on having the user click on a link in an email to direct him to the malicious website that is imitating a legitimate website.
Pharming is an attack in which a user is fooled into entering sensitive data (such as a password or credit card number) into a malicious website that imitates a legitimate website. It is different from phishing in that the attacker in a pharming scheme does not have to rely on having the user click on a link in an email to direct him to the imitation website.

50
Q

Kickbacks are improper, undisclosed payments made to obtain favorable treatment.
A. True
B. False

A

True
Kickbacks are improper, undisclosed payments made to obtain favorable treatment. For example, in a kickback scheme, an employee might receive compensation in exchange for directing excess business to a vendor. Such compensation could involve monetary payments, entertainment, travel, or other favorable perks.

51
Q
Which of the following refers to the type of network security systems that are designed to supplement firewalls and other forms of network security by detecting malicious activity coming across the network or on a host?
 A. Intrusion admission systems    
 B. Intrusion detection systems   
 C. Network access controls   
 D. Network address prevention systems
A

Intrusion detection systems
An intrusion detection system (IDS) is a device or software application that monitors an organization’s inbound and outbound network activity and identifies any suspicious patterns of activity that might indicate a network or system attack or security policy violations. These systems are designed to supplement firewalls and other forms of network security by detecting malicious activity coming across the monitored entity’s network or system activities. They act much like a motion sensor would by detecting individuals who have bypassed perimeter security.

52
Q

What is a Ponzi scheme?

A

is generally defined as an illegal business practice in which new investors’ money is used to make payments to earlier investors. The investment opportunity is typically presented with the promise of uncommonly high returns. While the scam is presented as a legitimate investment, there is little or no actual commerce involved. When an enterprise promotes an investment opportunity that invests little or none of the participants’ money and uses new investments to make dividend payments, the promoters are running a Ponzi scheme.

53
Q

Skimmed checks and false voids are types of check tampering schemes.
A. True
B. False

A

Neither skimmed checks nor false voids are types of check tampering schemes. Skimmed checks are a form of theft of incoming cash. False voids are a type of register disbursement scheme.

The four major categories of check tampering schemes include:
•Forged maker schemes
•Forged endorsements
•Altered payees
•Authorized maker schemes
54
Q
Which of the following is the term that refers to the net amount a lender disburses to a borrower under the terms of a loan agreement?
 A. Loan disbursement 
 B. Loan proceeds
 C. Loan principal   
 D. Loan curtailment
A

Loan proceeds
If a fraud examination involves a loan with proceeds that have been disposed, the fraud examiner should trace the disposition of the loan’s proceeds. Loan proceeds refer to the net amount a lender disburses to a borrower under the terms of a loan agreement.

55
Q

Which of the following is a limitation of Benford’s Law?
A. Benford’s Law cannot be applied to data sets with non-natural numbers, such as check or invoice numbers.
B. Benford’s Law can only be applied to data sets listed in currency amounts.
C. Benford’s Law applies best to data sets with three-digit numbers.
D. Benford’s Law only works on data sets with assigned numbers, such as bank account or telephone numbers

A

Benford’s Law cannot be applied to data sets with non-natural numbers, such as check or invoice numbers.
Benford’s Law distinguishes between natural and non-natural numbers, and it is important to understand the difference between the two types because Benford’s Law cannot be applied to data sets with non-natural numbers. Natural numbers are those numbers that are not ordered in a particular numbering scheme and are not human-generated or generated from a random number system. For example, most vendor invoice totals will be populated by currency values that are natural numbers. Conversely, non-natural numbers (e.g., employee identification numbers and telephone numbers) are designed systematically to convey information that restricts the natural nature of the number. Any number that is arbitrarily determined, such as the price of inventory held for sale, is considered a non-natural number.

56
Q
Fraudulent customer payments, corporate espionage, and hacking schemes are all fraud risks pertaining to which of the following categories?
 A. Asset misappropriation    
 B. Regulatory and legal misconduct   
 C. External fraud
 D. Reputation risk
A

External fraud
External fraud risks include:
•Fraud committed by customers (e.g., fraudulent customer payments)
•Fraud committed by vendors (e.g., overbilling by a vendor or collusion between bidding contractors to inflate contract price)
•Fraud committed by competitors (e.g., corporate espionage)
•Fraud committed by unrelated third parties (e.g., hacking)

57
Q
Detective anti-fraud controls include all of the following EXCEPT:
 A. Hiring policies and procedures 
 B. Hotline   
 C. Physical inspections   
 D. Proactive data analysis techniques
A

Hiring policies and procedures
Detective controls, which are intended to detect fraud if it does occur, include:
•Establishing and marketing the presence of a confidential reporting system, such as a whistleblower hotline
•Implementing proactive controls for the fraud detection process, such as independent reconciliations, reviews, physical inspections and counts, analysis, and audits
•Implementing proactive fraud detection procedures, such as data analysis and continuous auditing techniques
•Performing surprise audits

Hiring policies and procedures fall under the category of preventive controls, which are intended to prevent fraud before it occurs.

58
Q

The Private Securities Litigation Reform Act requires public company audits to include procedures designed to provide reasonable assurance of detecting __________ that would have a direct and material effect on the financial statements.

A. Corruption
B. Fraud
C. Illegal acts
D. None of the above

A

Illegal acts
The Private Securities Litigation Reform Act (PSLRA), passed in 1995, sets forth several responsibilities for independent auditors of public companies. One of the requirements is that each audit of the financial statements of a public company includes procedures designed to provide reasonable assurance of detecting illegal acts that would have a direct and material effect on the determination of financial statement amounts.

59
Q

In a public company, the CEO should be charged with having primary responsibility for the oversight of the company’s compliance program.
A. True
B. False

A

False
If a board of directors exists, such as in a public company, the board must be knowledgeable about the content and operation of the compliance program and oversee its implementation. Accordingly, it is preferable for the board of directors or one of the board’s committees to control the organization’s compliance program. For instance, many companies place their compliance programs under the control of audit committees.

60
Q

Which of the following situations is an example of DRG creep?
A. A hospital regularly sends duplicate reimbursement claims to a health care program for a particular treatment.
B. A hospital has a pattern of incorrectly coding and documenting minor cuts and scratches as major lacerations.
C. A medical provider sells numerous patient information files to third parties who use them to make false medical claims.
D. A medical provider habitually creates false diagnoses for patients and bills for services never performed.

A

A hospital has a pattern of incorrectly coding and documenting minor cuts and scratches as major lacerations.
Diagnostic-related groupings (DRG) is a reimbursement methodology for the payment of institutional services. This method or similar models have become more popular in various countries for the purposes of determining costs and reimbursing institutional providers. DRG categorizes patients who are medically related with respect to various types of information, such as primary and secondary diagnosis, age, gender, weight, length of stay, and complications. Reimbursements are determined by the DRG.