CFE-INVESTIGATION practice question 8 of 25

Which of the following is a factor that fraud examiners should consider when determining whether to dispose of evidence following the conclusion of a fraud examination?

Full set: 170 questions
Answer options
A: Whether the information was presented by a lay witness or an expert witness
B: Whether the evidence is documentary or testimonial
C: Whether the evidence is direct or circumstantial
D: Whether the organization has a general document retention policy in place Correct answer
Correct Answer:
D. Whether the organization has a general document retention policy in place
Explanation

An organization's document retention policy is the primary factor governing the retention and disposal of all corporate records, including evidence from a fraud examination. This policy ensures compliance with legal and regulatory requirements and mitigates legal risks. After an investigation is closed and any legal holds are lifted, evidence should be managed according to this established policy. This provides a consistent, defensible process for handling sensitive information and prevents arbitrary decisions about what to keep or destroy.

Why Incorrect

A. The type of witness who presented information is relevant to trial strategy, not to the post-investigation evidence retention policy.
B. While the form of evidence is a characteristic, the decision to retain or dispose of it is governed by policy, not its format.
C. The evidentiary weight (direct vs. circumstantial) is crucial for proving a case but does not dictate retention protocols after the case is closed.

References

1. Association of Certified Fraud Examiners. (2023). Fraud Examiners Manual, International Edition. Section 4.410, "Evidence Management." The manual emphasizes that all evidence must be handled in accordance with the organization's document retention policies.

2. Wells, J. T. (2017). Corporate Fraud Handbook: Prevention and Detection (5th ed.). John Wiley & Sons. Chapter 16, "The Fraud Investigation and Engagement Process," discusses the importance of adhering to company policies for evidence handling, including retention and final disposition.

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