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ACFE CFE-Investigation Exam - Topic 3 Question 109 Discussion

Which of the following statements concerning access to nonpublic records is FALSE?
D) During the government's criminal investigation, a fraud examiner not employed by the government has a right to access relevant documents that the government has obtained.
A) When civil litigation has commenced, a party often may obtain a subpoena or legal order for an individual's relevant bank records.
B) A fraud examiner can request a business's bank records even if the business is not legally obligated to comply.
C) An audit clause can be designed to allow a party to inspect the books of a business partner or vendor.

ACFE CFE-Investigation Exam - Topic 3 Question 109 Discussion

Actual exam question for ACFE's CFE-Investigation exam
Question #: 109
Topic #: 3
[All CFE-Investigation Questions]

Which of the following statements concerning access to nonpublic records is FALSE?

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Suggested Answer: D

by Tegan at Apr 04, 2025, 08:27 AM

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Lucy
7 months ago
C sounds legit, audit clauses are standard.
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Lawanda
7 months ago
Totally agree, B seems off.
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Lawrence
8 months ago
Not sure about B, that doesn't sound right at all.
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Abel
8 months ago
Wait, D? Can a private examiner really access those documents?
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Renato
8 months ago
A is true, subpoenas are common in civil cases.
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Eliz
8 months ago
I’m leaning towards D being the false statement, but I’m not completely confident. It’s tricky when it comes to access rights during investigations.
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Lawana
8 months ago
I feel like I’ve seen a question similar to this before, and I think A is true. Subpoenas are common in civil litigation for accessing records.
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Carolynn
9 months ago
I’m not sure about B. It seems like a fraud examiner would need some legal basis to request bank records, right?
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Gracie
9 months ago
I think option D sounds off. I remember something about how non-government examiners can't just access documents obtained by the government.
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Asha
9 months ago
This is a classic legal question that requires knowing the boundaries of what's allowed. I feel pretty confident in my understanding of these principles, so I should be able to identify the false statement.
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Cathrine
9 months ago
Okay, I think I've got a handle on this. The key is understanding the legal rights and limitations for accessing records in civil litigation, fraud investigations, and government investigations. I'll methodically go through each option.
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Alease
9 months ago
Hmm, this is a tricky one. I'm not totally sure about the rules around accessing nonpublic records in different contexts. I'll have to weigh the details of each statement carefully.
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Brandon
10 months ago
This question seems straightforward, but I want to make sure I understand the nuances. I'll need to carefully review the options and think through the legal principles involved.
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Annice
1 year ago
Haha, these fraud examiners must think they're private investigators or something. Option B is a big no-no!
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Marge
1 year ago
It's important to remember that fraud examiners not employed by the government do not have the right to access documents obtained during a criminal investigation.
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Mitzie
1 year ago
Yeah, an audit clause can definitely allow access to a business partner's books, but not without proper authorization.
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Elin
1 year ago
I think option A is more common, with parties obtaining subpoenas for bank records during civil litigation.
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Eugene
1 year ago
I agree, fraud examiners should not have the authority to request bank records without legal obligation.
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Nettie
1 year ago
Option B is totally false. Fraud examiners are not superheroes who can just swoop in and take whatever records they want!
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Vincenza
1 year ago
D) During the government's criminal investigation, a fraud examiner not employed by the government has a right to access relevant documents that the government has obtained.
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Ora
1 year ago
C) An audit clause can be designed to allow a party to inspect the books of a business partner or vendor.
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Destiny
1 year ago
A) When civil litigation has commenced, a party often may obtain a subpoena or legal order for an individual's relevant bank records.
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Nicolette
1 year ago
I think the correct answer is D. During a criminal investigation, the government can access relevant documents, but a private fraud examiner can't.
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Sommer
1 year ago
C) An audit clause can be designed to allow a party to inspect the books of a business partner or vendor.
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Gerry
1 year ago
C) An audit clause can be designed to allow a party to inspect the books of a business partner or vendor.
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Queen
1 year ago
B) A fraud examiner can request a business's bank records even if the business is not legally obligated to comply.
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Sarah
1 year ago
B) A fraud examiner can request a business's bank records even if the business is not legally obligated to comply.
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Ettie
1 year ago
A) When civil litigation has commenced, a party often may obtain a subpoena or legal order for an individual's relevant bank records.
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Novella
1 year ago
A) When civil litigation has commenced, a party often may obtain a subpoena or legal order for an individual's relevant bank records.
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Lashawn
1 year ago
But doesn't the question ask for the FALSE statement? I think D is correct because a fraud examiner not employed by the government does not have the right to access government-obtained documents.
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Fatima
1 year ago
I disagree, I believe the answer is B.
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Lashawn
1 year ago
I think the answer is D.
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Aliza
1 year ago
Definitely B. Fraud examiners can't just demand a business's private records without a valid legal basis.
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Hannah
1 year ago
That's true, there needs to be a legal basis for accessing nonpublic records.
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Kristin
1 year ago
I agree, fraud examiners can't just request private records without a valid reason.
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Ty
1 year ago
Option B seems wrong. Businesses have no obligation to hand over their records just because a fraud examiner requests them.
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