Evidence and Legal Systems Flashcards
7 cards from real CFE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Evidence and Legal Systems flashcards as text
When a fraud examiner testifies as an expert witness, which of the following standards does a federal court use to evaluate the admissibility of expert testimony?
Answer: Daubert Standard
Federal courts apply the Daubert standard (FRE 702), under which the judge acts as a gatekeeper to ensure expert testimony is based on sufficient facts, reliable methodology, and is relevant to the case.
Which of the following describes a 'subpoena duces tecum'?
Answer: A court order requiring production of documents or other tangible evidence
A subpoena duces tecum commands the recipient to produce specified documents, records, or other tangible items for use in legal proceedings.
In the U.S. legal system, which court has original jurisdiction over federal criminal fraud cases?
Answer: U.S. District Court
U.S. District Courts are the trial courts of the federal system and have original jurisdiction over federal criminal matters, including wire fraud, bank fraud, and securities fraud.
What is the primary purpose of a grand jury in a federal fraud investigation?
Answer: To decide whether probable cause exists to indict a suspect
A grand jury reviews evidence presented by prosecutors and determines whether probable cause exists to formally charge (indict) a suspect with a crime.
Which Fifth Amendment protection can a witness invoke to refuse answering questions that might incriminate themselves during a fraud investigation?
Answer: Privilege against self-incrimination
The Fifth Amendment privilege against self-incrimination allows individuals to refuse to answer questions when their responses could expose them to criminal liability.
A fraud examiner working an internal investigation interviews an employee suspected of embezzlement. What Miranda warning consideration applies in this scenario?
Answer: Miranda warnings are only required when government agents conduct custodial interrogations
Miranda warnings are constitutionally required only when government (law enforcement) agents conduct custodial interrogations; private investigators and corporate fraud examiners are not bound by this requirement.
What is 'spoliation of evidence' in the context of a fraud investigation?
Answer: The intentional or negligent destruction or alteration of relevant evidence
Spoliation occurs when a party destroys, alters, or fails to preserve evidence relevant to litigation, which can result in adverse inference instructions, sanctions, or case dismissal.