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

A fraud examiner who is not a government employee does not have an inherent right to access documents obtained by the government during a criminal investigation. Such evidence is typically protected by rules of criminal procedure and confidentiality. Access might be granted through formal legal processes like civil discovery if a parallel civil case exists, but it is not an automatic right. The government controls the dissemination of its investigative files, and private parties cannot demand access simply because the information is relevant to their own inquiry.

A. This is a true statement. In civil litigation, discovery tools such as subpoenas are commonly used to compel third parties, like banks, to produce relevant financial records.
B. This is a true statement. A fraud examiner can always request records from a business; however, the business is not legally required to comply without a subpoena or other legal process.
C. This is a true statement. A right-to-audit clause is a contractual provision that grants one party the right to examine the financial records of another party to the contract.

1. Association of Certified Fraud Examiners. (2023). Fraud Examiners Manual, International Edition. Section 3.206, "Sources of Information: Government Sources." This section details that access to government records is governed by law and is not freely available to private investigators.

2. Association of Certified Fraud Examiners. (2023). Fraud Examiners Manual, International Edition. Section 3.218, "Obtaining Documents in Civil Litigation." This section confirms that subpoenas are a valid method for obtaining records like bank statements once litigation has commenced.

3. Association of Certified Fraud Examiners. (2023). Fraud Examiners Manual, International Edition. Section 1.426, "Right-to-Audit Clauses." This section describes the use of audit clauses to gain access to a business partner's books and records.