Exam CFE - Law topic 1 question 34 discussion

Actual exam question from ACFE's CFE - Law

Question #: 34
Topic #: 1

A prosecutor filed criminal charges against Rosa, claiming that she stole Juan's personal information and sold his identity on the dark web. Juan wants to file a civil lawsuit against Rosa to recover damages arising from the identity theft. Can Juan file the civil action before the criminal action against Rosa is completed?

A. Yes, the civil action can be filed if the jurisdiction permits parallel proceedings.
B. No, the civil action cannot be filed if the jurisdiction prohibits double jeopardy.
C. No, the civil action cannot be filed if the jurisdiction prohibits counterclaims.
D. Yes, the civil action can be filed if the jurisdiction permits analogous claims.

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Suggested Answer: D 🗳️

by raochavan at Sept. 3, 2024, 10:05 p.m.

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raochavan

3 months ago

A. Yes, the civil action can be filed if the jurisdiction permits parallel proceedings. While the criminal action is pending, Juan can also file a civil lawsuit against Rosa for the identity theft. This is known as parallel proceedings. The outcome of the criminal case will not affect the civil case, and Juan can seek damages for the harm caused to him by Rosa's actions.

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