EMT Practice Test

1. Question Content...

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Question1: Which of the following schemes involves disguising money from illegal nonbusiness sources by recording more income on a business's books than the business actually generates?

Question2: Which of the following typically does NOT need to be present for communications between an attorney and the attorney's client to be protected by a legal professional privilege?

Question3: Which of the following is the MOST ACCURATE statement about the UK Bribery Act?

Question4: Kamala is conducting a fraud examination in a country where courts apply laws from codified statutes to each case. When deciding legal issues, the courts are not bound by similar court decisions from previous cases. The country where Kamala is working MOST LIKELY has a __________ judicial system.

Question5: At the end of a civil proceeding, the court finds the defendant, a company, liable and orders it to pay a large sum of money to compensate for the plaintiffs losses. Which of the following BEST describes this type of remedy?

Question6: Slater has been appointed as a bankruptcy administrator. According to the recommendations of the World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes (World Bank Principles), which of the following statements concerning Slater's role as bankruptcy administrator is MOST ACCURATE?

Question7: Which of the following is a legal element that must be shown to prove a claim for commercial bribery?

Question8: Which of the following statements concerning front businesses as a method of laundering money is the LEAST ACCURATE?

Question9: Which of the following statements concerning the appointment of expert witnesses at that is accurate?

Question10: Which of the following statements concerning judgments involving parties in multiple jurisdictions is MOST ACCURATE?

Question11: Even if a government agent obtains consent to search by force duress or bribery, the consent will still constitute a valid waiver of the consenting party's right to be free from searches.

Question12: Each of the following is a common legal defense for tax evasion EXCEPT:

Question13: Which of the following scenarios is an example of the criminal sanction known as criminal forfeiture?

Question14: The government filed a avil action against a politician for accepting real estate as a bribe. There is a possibility that the politician could transfer the real estate to a third party before the court enters a final judgment Which type of order should the government seek from the court to prevent the politician from transferring the real estate?

Question15: Which of the following is NOT required for a contract transaction or scheme to be classified as an investment contract?

Question16: Samson Inc. operates in a jurisdiction that prohibits unreasonable workplace searches and surveillance in areas or items where employees have a reasonable expectation of privacy. In which of the following areas or items can an employee at Samson Inc. MOST LIKELY have a reasonable expectation of privacy during a workplace search?

Question17: Davis is an employee at Waccamaw Homeplace a publicly traded corporation Davis knows that Waccamaw is about to publicly announce a new joint venture project in China, so he buys shares of Waccamaw stock Assuming that his conduct was illegal m the jurisdiction in which he works and resides, what type of crime did Davis MOST LIKELY commit?

Question18: Which of the following describes the purpose of an expert witness testimony at trial?

Question19: Which of the following is an example of a trade-based money laundering scheme?

Question20: A business files for bankruptcy with the goal of obtaining relief from creditors so that it can rearrange its financial affairs and continue as a going concern. Which of the following describes this type of bankruptcy proceeding?

Question21: Which of the following statements concerning money services businesses (MSBs) is INCORRECT?

Question22: Which of the following statements about the International Organization of Securities Commissions (IOSCO) is TRUE?

Question23: Aliyah is an employee at Chatham, a publicly traded corporation, and she owns shares of Chatham's stock.
Aliyah learns that Chatham is going to publicly announce low earnings, so she sells her shares of Chatham's stock. If her conduct is illegal in the jurisdiction where she works and resides, then what type of crime did Aliyah MOST LIKELY commit?

Question24: Ramona is investigating Eugene for misconduct Ramona and Eugene both work for Elek-Tek, which operates in a jurisdiction with evil laws for defamation, invasion of privacy and conflict of interest During the investigation Ramona obtained ^formation that Eugene is cheating on his spouse Ramona to a large group of Elek-Tek employees that Eugene was committing adultery, which turned out to be true Which cause of action would give Eugene the BEST chance for success m a civil suit against Ramona?

Question25: Which of the following is the MOST ACCURATE statement about the different types of alternative dispute resolution'?

Question26: Which of the following statements concerning the appointment of expert witnesses at that is accurate?

Question27: Raj is an employee who works in a jurisdiction that prohibits unreasonable workplace searches and surveillance in areas or items where employees have a reasonable expectation of privacy. In which of the following is Raj MOST LIKELY to have a reasonable expectation of privacy?

Question28: One of the purposes of securities regulation is to promote an active and competitive market.

Question29: Regarding the litigation privilege in common law jurisdictions, which of the following is the MOST ACCURATE statement?

Question30: Which of the following is a right of individuals accused of crimes under the United Nations' (UN) International Covenant on Civil and Political Rights (ICCPR)?

Question31: A company files a civil lawsuit against one of its directors for insider trading. At the end of the trial, a court orders the director to refrain from purchasing or obtaining the stock of a particular corporation. Which of the following BEST describes this type of remedy?

Question32: Which of the following is generally one of the goals of deferred prosecution agreements?

Question33: Which of the following is the MOST ACCURATE statement about serf-regulatory organizations (SROs) in the securities industry?

Question34: Consents to searches by government agents that are obtained by force, duress, or bribery are NOT effective under the law and do NOT eliminate the need for a search warrant.

Question35: Which of the following is NOT a right of the accused under the United Nations' (UN) International Covenant on Civil and Political Rights (ICCPR)?

Question36: Each day, Rachel purchases $14 500 in bearer instruments with cash from a bank where all currency transactions above 515,000 must be reported to the government Rachets actions are a red flag of which of the following schemes'?

Question37: In systems using adversarial processes, an attorney may impeach an opposing party's witness by showing that the witness:

Question38: Freya, a government contractor, has been convicted of colluding with other contractors to manipulate the competitive bidding process. After her conviction, Freya's name is added to a list of individuals who are prohibited from bidding on government contracts for a period of five years. The administrative penalty that Freya received is BEST described as:

Question39: According to the best practices regarding large cash transactions with customers as provided by the Financial Action Task Force (FATF) Recommendations, which of the following transactions would require a report to be filed with the government?

Question40: Bob receives a memorandum from his attorney that is protected by a legal professional privilege Bob emails the memorandum to a third party who has no need to know the information in the memorandum Which of the following statements is MOST ACCURATE?

Question41: IBC Manufacturing is a private company in a jurisdiction in which the public has the legal right to be free from unreasonable search and seizure by government authorities. An investigator at IBC searches the desk of Denise an IBC employee and finds illegal narcotics. The investigator seizes the narcotics and turns them over to members of law enforcement. The investigator violated Denises rights by failing to obtain a search warrant before conducting the search

Question42: Which of the following is a red flag that might be indicative of an entity operating a security business without the proper license or registration?

Question43: Which of the following is a method of disguising money acquired from illegal sources by recording more income on a business's books than the business actually generates?

Question44: According to the best practices regarding large cash transactions with customers as provided by the Financial Action Task Force (FATF) Recommendations, which of the following transactions would require a report to be filed with the government?

Question45: The Organisation for Economic Co-operation and Developments (OECD) Recommendation on Combating Bribery m International Business (Recommendation) urges member states to combat the bribery of foreign public officials by taking steps to improve which of the following primary areas within their respective infrastructures?

Question46: Before her criminal trial for embezzlement Monique contacts witnesses against her and offers to pay them if they change their stories Based on her actions the government would MOST LIKELY bring additional charges against Monique for:

Question47: In jurisdictions that allow criminal bargaining agreements the defendant's counsel generally has the discretion to determine whether a bargaining agreement is available to the defendant.

Question48: Company A used Company B to recover damages for the breach of a contract. In the same proceeding.
Company B sought damages for an allegation that Company A fraudulently induced Company B into entering the contract. In this case, what would Company B's claim against Company A be called?

Question49: Which of the following statements regarding the qualifications of expert witnesses in most inquisitorial jurisdictions is CORRECT?

Question50: Which of the following statements concerning civil trials in common law jurisdictions is MOST ACCURATE?

Question51: Countries A and B both follow the Financial Action Task Force (FATF) Recommendations concerning cross- border transfers of currency Trevor is traveling from Country A to Country B while carrying $16,000 in cash which exceeds Country B's reporting threshold Trevor is required to disclose the amount of currency he is carrying to authorities in Country B.

Question52: Antonio is investigating Sam on behalf of their employer, XYZ Company. During the investigation, Antonio tells a group of their coworkers who are not involved in the investigation that he discovered Sam has a serious gambling addiction, which is true. Assuming that their jurisdiction has civil laws for all of the following causes of action, which one would give Sam the BEST chance for success if he decides to bring a civil action against Antonio?

Question53: The Financial Action Task Force (FATF) Recommendations slate that a financial institution s customer due diligence (COD) procedures should include continued monitoring of a customer's business relationships and transactions.

Question54: Which of the following is required for a contract, transaction, or scheme to qualify as an investment contract?

Question55: Company A sued Company B to recover damages tor the breach of a contract. In the same proceeding Company B sought damages for an allegation that Company A fraudulently induced Company B into entering the contract In this case what would Company B's claim against Company A be called?

Question56: Which of the following statements concerning alternative remittance systems is INCORRECT?

Question57: Clara is a fraud examiner investigating a potentially fraudulent misrepresentation made in the sale of a security. Which of the following questions should Clara ask to determine if the misrepresentation was material?

Question58: The Financial Action Task Force (FATF) Recommendations suggest that countries should do which of the following?

Question59: Which of the following statements about the different types of alternative dispute resolutions is CORRECT?

Question60: Which of the following statements is MOST ACCURATE concerning how criminal bargaining agreements are typically handled in jurisdictions where such agreements are allowed?

Question61: Grant, a fraud examiner is investigating Beatrice for embezzlement on his employer's behalf. During his investigation. Grant learns that Beatrice has cheated on her spouse and he tells several of Beatrice's coworkers about it Beatrice discovers that Grant revealed the unflattering (albeit true) information about her and decides to file a claim of defamation against Grant. Which of the following is the BEST explanation of why Beatrice will not win her defamation case?

Question62: Allison 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 Allison has misappropriated more than $50,000 of her employer's money Alison 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 Allison is CORRECT?

Question63: Which of the following, if available, would help an organization recover losses from an instance of internal fraud?

Question64: Jackson believes he has a legal cause of action against Alice, who lives in a foreign country. The fact that Jackson is the plaintiff allows him to bring the lawsuit against Alice in any court in the country where he lives.

Question65: Which of the following statements concerning civil trials in civil law jurisdictions is MOST ACCURATE?

Question66: Which of the following is MOST LIKELY to affect the rights that an employee may have during an internal investigation?

Question67: Greta obtained money from illegal activities, which she deposited into a domestic bank account. Next, she moved the funds to several foreign accounts in the form of fake loans and transactions to make the audit trail difficult to follow. Finally, she transferred the funds back to a domestic account that she controlled and then spent the money. In which of the following stages of money laundering did Greta engage when she first deposited the money into a domestic account?

Question68: Under the Financial Action Task Force (FATF) Recommendations, a financial institution's customer due diligence (CDD) procedures involve a single check on the customer's business relationships and transactions.

Question69: The________________requires that an employee act solely in the best interest of their employer, free of any serf-dealing, conflicts of interest, or other abuse that results in a personal advantage

Question70: Which of the following is the MOST ACCURATE statement about the litigation privilege in common law jurisdictions?

Question71: Which of the following statements about civil actions in most jurisdictions is CORRECT?

Question72: Which of the following statements about the appeals process in cranial cases is MOST ACCURATE?

Question73: Which of the following is NOT an element that must be proven to establish a penury offense?

Question74: A custodial arrest occurs when a law enforcement officer informs the suspect of their rights as a criminal defendant

Question75: Which of the following statements is MOST ACCURATE regarding cross-examination of witnesses in adversarial systems?

Question76: During a trial in an adversarial system an attorney calls an expert witness to the stand and asks "Could you please describe the procedures you performed in your examination?'' Based on this question, which type of testimony is MOST LIKELY being presented'?

Question77: During a bankruptcy bustout scheme, or planned bankruptcy, the debtor committing the fraud typically performs which of the following actions?