Tracing Illicit Transactions * Flashcards
Which of the following is the best definition of the indirect method of tracing financial transactions?
A. Using bank records and financial statements to identify and analyze information about the target’s personal characteristics to identify sources of hidden wealth or assets
B. Using financial analysis to discover all significant expenses the target incurred during the relevant period to develop the financial profile
C. Using circumstantial evidence to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets
D. Using the subject’s books and records to analyze the relationship between the subject’s receipt and subsequent disposition of funds or assets
C. Using circumstantial evidence to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets
Generally, fraud examiners can trace illicit transactions using a direct method or an indirect method. An indirect method employs circumstantial evidence to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets. In contrast, a direct method uses the subject’s books and records (or financial transaction records belonging to third parties) to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets.
Which of the following is a method of tracing illicit funds in which deposits to financial institutions are compared to legitimate income?
A. Installment transaction analysis method
B. Asset method
C. Income correlation method
D. Bank deposit analysis method
D. Bank deposit analysis method
The bank deposits method is a method of tracing illicit funds in which deposits to financial institutions are compared to legitimate income.
The asset method is another method of tracing illicit funds, but it involves identifying assets previously acquired, identifying current liabilities, and taking the difference between the two.
The installment transaction analysis method and the income correlation method are not methods of tracing illicit funds.
Which of the following would be the most successful method of proving illicit income when several of the subject’s assets or liabilities have changed during the period under examination and the subject’s financial records are not available?
A. Benford’s method of analysis
B. Attribute method of analysis
C. Net-worth method of analysis
D. Sampling sources method of analysis
C. Net-worth method of analysis
The net-worth method (or comparative net-worth analysis) is used to prove illicit income circumstantially by showing that a person’s assets or expenditures for a given period exceed that which can be accounted for from known or admitted legitimate sources of income. Fraud examiners should use the net-worth method when several of the subject’s assets or liabilities have changed during the period under examination and when the target’s financial records are not available.
Which of the following is LEAST likely to be revealed by analyzing a subject’s electronic payment records?
A. The funds the subject has tied up in real property
B. Assets the subject has purchased
C. The locations of the subject’s residences and businesses
D. Loans the subject has obtained
A. The funds the subject has tied up in real property
Electronic payments (or e-payments) refer to any type of non-cash payment that does not involve a paper check. Electronic payment records can reveal, among other things:
• Assets the subject has purchased
• The locations of the subject’s assets (e.g., through the payment of real estate taxes, broker’s fees, or utility payments)
• The locations of the subject’s residences and businesses (e.g., through analyzing the payments of utility bills)
• Loans the subject has obtained (e.g., through analyzing loan payments)
• Payments made to nonexistent employees with direct deposit
• The cities and countries in which the subject conducts business (e.g., through analyzing the payments for carrier services to deliver packages)
• Assets ostensibly owned by family members or close associates but effectively controlled, held, or gifted by the subject
• Hotel payments
• The true owner of a property (e.g., through analyzing the mortgage payments and payments for home owner insurance)
Which of the following is the term that refers to the net amount a lender disburses to a borrower under the terms of a loan agreement?
A. Loan principal
B. Loan disbursement
C. Loan proceeds
D. Loan curtailment
C. Loan proceeds
If a fraud examination involves a loan with proceeds that have been disposed, the fraud examiner should trace the disposition of the loan’s proceeds. Loan proceeds refer to the net amount a lender disburses to a borrower under the terms of a loan agreement.
Suppose you need to prove a suspect’s illicit income circumstantially. Which of the following methods of tracing assets would yield the best result when the suspect is using his illicit funds to accumulate wealth and acquire assets, thus causing his net worth to increase?
A. The income correlation method
B. The bank deposits method
C. The expenditures method
D. The asset method
D. The asset method
The asset method, the expenditures method, and the bank deposits method can all be used to establish a subject’s sources of income using circumstantial proof.
The asset method allows the fraud examiner to prove income circumstantially by showing that the subject’s assets for a given period exceed those that can be accounted for from known or admitted sources of income. Fraud examiners should use the asset method when it is suspected that the subject has accumulated wealth and acquired assets with illicit proceeds, which causes the subject’s net worth—the difference between a person’s assets and liabilities at a particular point in time—to increase.
The expenditures method (also known as the sources and application of funds method) compares the suspect’s known expenditures and known sources of funds during a given period of time. That is, this analysis seeks to quantify the cost of the subject’s lifestyle and determine whether the subject’s reported income is sufficient to support his lifestyle. The expenditures method is best used when the subject spends illicit income on consumables (such as travel and entertainment) that would not cause an increase in net worth.
The bank deposits method of tracing illicit funds is recommended as a primary method of proof when most of the subject’s income is deposited and the subject’s books and records are unavailable, withheld, incomplete, or maintained on a cash basis.
The income correlation method is not a method of tracing illicit funds.
When tracing financial transactions, the method that involves using the subject’s books and records to analyze the relationship between the subject’s receipt and subsequent disposition of funds or assets is called which of the following?
A. The bank records method
B. The direct method
C. The indirect method
D. The asset method
B. The direct method
Generally, fraud examiners can trace illicit transactions using a direct method or an indirect method. A direct method uses the subject’s books and records (or financial transaction records belonging to third parties) to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets. In contrast, an indirect method employs circumstantial evidence to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets.
Suppose you need to prove a suspect’s illicit income circumstantially. Which of the following methods of tracing assets would yield the best result when the suspect is spending his illicit funds on items that would not cause an increase in net worth, such as travel and entertainment?
A. The income correlation method
B. The asset method
C. The bank deposits method
D. The expenditures method
D. The expenditures method
The expenditures method (also known as the sources and application of funds method) compares the suspect’s known expenditures and known sources of funds during a given period of time. That is, this analysis seeks to quantify the cost of the subject’s lifestyle and determine whether the subject’s reported income is sufficient to support his lifestyle. The expenditures method is best used when the subject spends illicit income on consumables (such as travel and entertainment) that would not cause an increase in net worth.
What is mutual legal assistance (MLA)?
A. A formal request by the government of a country seeking information from a defendant residing in another country
B. A formal request by the courts of one country seeking judicial assistance from the courts of another country
C. A process by which countries request and provide assistance in law enforcement matters
D. A letter whereby a criminal defendant requests that the government release exculpatory information
C. A process by which countries request and provide assistance in law enforcement matters
Mutual legal assistance (MLA) is a process by which countries request and provide assistance in law enforcement matters, such as gathering information, obtaining provisional remedies, and enforcing foreign orders and judgments. To obtain assistance from a foreign government, the government seeking assistance makes an MLA request. An MLA request is a written request to the government of a foreign country that is used to obtain assistance in law enforcement matters. Generally, MLA can be used to obtain assistance in matters such as conducting searches, gathering evidence, compelling sworn testimony and the production of documents, issuing search warrants, issuing subpoenas, serving process, exchanging affidavits, obtaining provisional remedies, and providing assistance in forfeiture proceedings.
The expenditures method (also known as the sources and application of funds method) for proving illicit income involves identifying all assets held by the subject that were acquired earlier, identifying the amount of the subject’s current liabilities, and taking the difference between the two values. T/F
False
The expenditures method (also known as the sources and application of funds method) compares the suspect’s known expenditures and known sources of funds during a given period of time. That is, this analysis seeks to quantify the cost of the subject’s lifestyle and determine whether the subject’s reported income is sufficient to support his lifestyle. The expenditures method is best used when the subject spends illicit income on consumables (such as travel and entertainment) that would not cause an increase in net worth.
Identifying assets previously acquired, identifying current liabilities, and taking the difference between the two is the process involved in the asset method, not the expenditures method.
Which of the following is an example of an indirect method of locating assets or tracing illicit funds?
A. Net-worth analysis
B. The specific-items method
C. Correlation analysis
D. Financial condition analysis
A. Net-worth analysis
Often, when a fraud examiner must locate a subject’s assets or trace illicit funds, the subject’s books and records are not made available. In such cases, the fraud examiner must use an indirect approach, such as net-worth analysis or the bank deposit analysis method, to prove income.
Which of the following is the most accurate description of the net-worth (or comparative net-worth) method of analysis?
A. The net-worth method is an indirect method of proving illicit income circumstantially by measuring and recording income as earned and recording expenses as incurred.
B. The net-worth method refers to the process of using a subject’s books and records to determine the subject’s financial condition and identify the receipt or disposition of funds or assets.
C. The net-worth method is an indirect method of proving illicit income circumstantially by showing that a person’s assets or expenditures for a given period exceed that which can be accounted for from known or admitted legitimate sources of income.
D. The net-worth method refers to the process of assigning forecasted income and expenses to accounts, which will be compared to actual income and expenses for analysis of variances.
C. The net-worth method is an indirect method of proving illicit income circumstantially by showing that a person’s assets or expenditures for a given period exceed that which can be accounted for from known or admitted legitimate sources of income.
The net-worth method (or comparative net-worth analysis) is used to prove illicit income circumstantially by showing that a person’s assets or expenditures for a given period exceed that which can be accounted for from known or admitted legitimate sources of income. Fraud examiners should use the net-worth method when several of the subject’s assets or liabilities have changed during the period under examination and when the target’s financial records are not available.
Which of the following pieces of information is NOT usually contained on the signature card of a personal bank account?
A. The thumbprint of the person opening the account
B. The telephone number of the person opening the account
C. The identification number of the person opening the account
D. The address of the person opening the account
A. The thumbprint of the person opening the account
The signature card is a source of valuable information. Although its form varies, the card usually contains the person’s name, address, telephone number, identification number (e.g., Social Security number), amount of opening deposit (and possibly the source of opening deposit), and security data (e.g., mother’s maiden name). The person’s identification information might be significant, especially if the depositor used an alias. Also, a fraud examiner might be able to trace the opening deposit through the bank’s records to disclose a source of income.
While a bank signature card contains several important pieces of identifying information, it typically does not contain the fingerprints of the account holder.
Turnbull, a fraud victim, hired Kennedy, a CFE, to trace a fraudster’s assets to facilitate the recovery of the illicit proceeds obtained by the fraudster. Which of the following typically will be the MOST useful source of information for Kennedy in his efforts to trace the fraudster’s assets?
A. Third-party witnesses
B. The fraudster’s bank records
C. Surveillance footage
D. The fraudster’s paystubs
B. The fraudster’s bank records
Records obtained from financial institutions are perhaps the single most important financial source available to a fraud examiner for asset-tracing purposes. They can be used as evidence for fraud, as well as to:
• Identify witnesses and other evidence.
• Uncover criminal profits.
• Identify criminal assets.
• Locate assets that can be used to satisfy a judgment.
• Identify localities where assets are stored.
• Determine the lifestyle of an account holder.
• Determine the financial health of an organization.
• Determine the source of funds placed into an account.
• Determine the use of the funds from an account.
Which of the following is a step in the general process for tracing illicit transactions?
A. Selecting a response team
B. Building a financial profile
C. Establishing reporting protocols
D. Implementing litigation hold procedures
B. Building a financial profile
Although the procedures performed during a tracing investigation vary depending on the circumstances, an actual investigation to trace transactions generally should involve the following elements:
• Collect information.
• Profile the subject (i.e., assemble the personal—financial and behavioral—profile).
• Review information for leads and prioritize leads.
• Trace the illicit transactions.
The net-worth analysis method of tracing illicit funds is recommended as a primary method of proof when most of the subject’s income is deposited in a financial institution and the subject’s books and records are unavailable, withheld, incomplete, or maintained on a cash basis. T/F
False
The bank deposits method is recommended as a primary method of proof when most of the subject’s income is deposited in a financial institution and the subject’s books and records are unavailable, withheld, incomplete, or maintained on a cash basis.
The net-worth method of tracing assets would yield the best result when several of the subject’s assets or liabilities have changed during the period under examination and the subject’s financial records are not available.
What is a letter rogatory?
A. A letter in which a judge in one country orders the government in another country to release a defendant from jail
B. A formal request by the courts of one country seeking judicial assistance from the courts of another country
C. A formal request by the government of a country seeking information from a defendant residing in another country
D. A letter whereby a criminal defendant requests that the government release exculpatory information
B. A formal request by the courts of one country seeking judicial assistance from the courts of another country
Government officials may make a formal government-to-government request for assistance, or letters rogatory, to obtain foreign evidence. Letters rogatory are formal requests that a court in one country makes to seek judicial assistance from a court in another country. Letters rogatory also permit formal communication among the judiciary, a prosecutor, or a law enforcement official of one country and their counterpart in another country. The most common types of assistance sought by letters rogatory are service of process and taking of evidence.
When determining a subject’s net worth for asset-tracing purposes, all assets should be valued at current market value to eliminate any question about estimates. T/F
False
When computing a subject’s net worth, these issues should be considered:
• All assets should be valued at cost, not fair market value. Subsequent appreciation or depreciation of assets should be ignored.
• The amount of funds available to the subject from legitimate sources should be estimated or computed generously.
• The subject should be interviewed to identify all alleged sources of funds and to negate defenses that he might raise later.
Although obtaining a check negotiated by a subject can be helpful when tracing illicit transactions, the information that can be obtained from such records is generally limited to the name of the payee, the amount of the check, and the date the check was written. T/F
False
Canceled checks written by a subject or received from others can provide valuable information, including the amounts, payees, and endorsees of payments made by check. This data can provide leads and help identify a subject’s assets.
Canceled checks can also lead to hidden funds. For example, the absence of a check for a recurring payment for a particular month might indicate a cash payment, which in turn would indicate possible undisclosed cash income.
Additionally, the back of canceled checks can contain many items of interest. A deposited check might show the name of the entity to whose account the money has been deposited and the account number. Also, deposited checks might contain the names of the financial institutions through which the checks traveled.
The depository stamp on a check can also identify the bank at which the check was cashed, and this information might provide a lead to another bank account.
When circumstantial evidence is offered to prove that a subject has more income available than can be accounted for from legitimate sources, the subject often responds with which of the following defenses?
A. The subject incurred substantial debts.
B. The subject’s excess funds were received as gifts.
C. The subject has no taxable income.
D. The subject’s excess funds were deobligated.
B. The subject’s excess funds were received as gifts.
If a party uses an indirect method to prove the defendant’s illicit assets circumstantially, the defendant will try to rebut such evidence. Often, the defendant will claim that the excess income came from legitimate sources. The defendant might claim that the funds are cash that he accumulated earlier or cash from other legitimate sources, such as loans or gifts from relatives.
Which of the following is LEAST likely to be revealed by analyzing a subject’s electronic payment records?
A. The locations of the subject’s assets
B. Loans the subject has obtained
C. The cities and countries in which the subject conducts business
D. If the subject is skimming employer funds
D. If the subject is skimming employer funds
Electronic payments (or e-payments) refer to any type of non-cash payment that does not involve a paper check. Electronic payment records can reveal, among other things:
• Assets the subject has purchased
• The locations of the subject’s assets (e.g., through the payment of real estate taxes, broker’s fees, or utility payments)
• The locations of the subject’s residences and businesses (e.g., through analyzing the payments of utility bills)
• Loans the subject has obtained (e.g., through analyzing loan payments)
• Payments made to nonexistent employees with direct deposit
• The cities and countries in which the subject conducts business (e.g., through analyzing the payments for carrier services to deliver packages)
• Assets ostensibly owned by family members or close associates but effectively controlled, held, or gifted by the subject
• Hotel payments
• The true owner of a property (e.g., through analyzing the mortgage payments and payments for home owner insurance)
Which of the following is an indirect method of proving illicit income circumstantially by showing that a person’s assets or expenditures for a given period exceed that which can be accounted for from known or admitted legitimate sources of income?
A. Regression analysis
B. Fundamental analysis
C. Bank deposit method of analysis
D. Net-worth (or comparative net-worth) method of analysis
D. Net-worth (or comparative net-worth) method of analysis
The net-worth method (or comparative net-worth analysis) is used to prove illicit income circumstantially by showing that a person’s assets or expenditures for a given period exceed that which can be accounted for from known or admitted legitimate sources of income. Fraud examiners should use the net-worth method when several of the subject’s assets or liabilities have changed during the period under examination and when the target’s financial records are not available.
Which of the following is the main purpose of conducting a net-worth analysis?
A. To prove that the subject’s assets equal his liabilities
B. To show that a subject’s actions caused a decrease in the victim’s net worth
C. To show that the subject’s assets or expenditures exceed his reported income
D. To prove that the subject purchased an asset with appreciated value
C. To show that the subject’s assets or expenditures exceed his reported income
The net-worth method (or comparative net-worth analysis) is used to prove illicit income circumstantially by showing that a person’s assets or expenditures for a given period exceed that which can be accounted for from known or admitted legitimate sources of income. The net-worth method is a reliable method for estimating a person’s ill-gotten gains. The method is used extensively by the Internal Revenue Service, especially in drug and money laundering cases.
Which of the following is the most accurate statement about canceled (negotiated) checks?
A. Canceled checks written on a subject’s account can reveal other bank accounts belonging to the subject.
B. Information from canceled checks written on a subject’s account can reveal assets the subject purchased, but not the locations of the subject’s assets.
C. The information that can be obtained from canceled checks is limited to the name of the payee, the amount of the check, and the date the check was written.
D. A canceled check is a check that has been written but has yet to clear the bank on which it was drawn.
A. Canceled checks written on a subject’s account can reveal other bank accounts belonging to the subject.
Canceled (negotiated) checks are checks cleared by a bank or other financial institution. They can provide valuable information, including the amounts, payees, and endorsees of payments made by check. Canceled checks written on a subject’s account can also reveal assets the subject has purchased, the locations of the subject’s assets (through, for example, the payment of real estate taxes, broker’s fees, or utility payments), and information about other bank accounts belonging to the subject.
Which of the following is the best definition of the indirect method of tracing financial transactions?
A. Using bank records and financial statements to identify and analyze information about the target’s personal characteristics to identify sources of hidden wealth or assets
B. Using financial analysis to discover all significant expenses the target incurred during the relevant period to develop the financial profile
C. Using circumstantial evidence to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets
D. Using the subject’s books and records to analyze the relationship between the subject’s receipt and subsequent disposition of funds or assets
C. Using circumstantial evidence to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets
Generally, fraud examiners can trace illicit transactions using a direct method or an indirect method. An indirect method employs circumstantial evidence to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets. In contrast, a direct method uses the subject’s books and records (or financial transaction records belonging to third parties) to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets.
Net worth can be defined as the difference between assets and liabilities at a particular point in time. t/f
t
Net worth can be defined as the difference between assets and liabilities at a particular point in time.
Records obtained from financial institutions are perhaps the single most important financial source available to fraud examiners for purposes of tracing assets. t/f
t
Records obtained from financial institutions are perhaps the single most important financial source available to fraud examiners for asset-tracing purposes. They can be used as evidence for fraud, as well as to:
Identify witnesses and other evidence.
Uncover criminal profits.
Identify criminal assets.
Locate assets that can be used to satisfy a judgment.
Identify localities where assets are stored.
Determine the lifestyle of an account holder.
Determine the financial health of an organization.
Determine the source of funds placed into an account.
Determine the use of the funds from an account.
Which of the following is LEAST likely to be revealed by analyzing a subject’s electronic payment records?
A. The cities and countries in which the subject conducts business
B. Loans the subject has obtained
C. The locations of the subject’s assets
D. If the subject is skimming employer funds
D
Which of the following terms refers to the search for evidence showing what has happened to property, identifying the proceeds of property, and identifying those who have handled or received property or the proceeds of property? A. Acceding B. Replicating C. Patterning D. Tracing
D
What is a letter rogatory?
A. A formal request by the government of a country seeking information from a defendant residing in another country
B. A formal request by the courts of one country seeking judicial assistance from the courts of another country
C. A letter in which a judge in one country orders the government in another country to release a defendant from jail
D. A letter whereby a criminal defendant requests that the government release exculpatory information
B
Which of the following is the most accurate statement about tracing the disposition of loan proceeds?
A. Tracing loan proceeds can uncover hidden assets or unknown witnesses
B. Tracing loan proceeds can determine if hidden accounts were used for loan payments
C. Tracing loan proceeds can determine if the proceeds were deposited into hidden accounts
D. All of the above
D
Suppose you need to prove a suspect’s illicit income circumstantially. Which of the following methods of tracing assets would yield the best result when the suspect is spending his illicit funds on items that would not cause an increase in net worth, such as travel and entertainment? A. The bank deposits method B. The asset method C. The income correlation method D. The expenditures method
D
Blue, a Certified Fraud Examiner, has just begun an interview of White. After introducing himself and establishing rapport with White, what should Blue do next? A. Start asking questions B. Establish a transitional statement C. Establish the interview theme D. None of the above
C