ACI Professional Ethics & Standards 3 — Questions and Answers
Question 1: An investigator realizes mid-examination that the search warrant does not authorize access to encrypted cloud storage found on the device. The correct action is to:
- Access the cloud storage since it is connected to an authorized device
- Stop and seek additional legal authorization before proceeding (Correct answer)
- Document the finding and skip it, continuing with authorized areas
- Access it quickly and report the authorization gap afterwards
Correct answer: Stop and seek additional legal authorization before proceeding
Investigators must obtain proper authorization before expanding the scope of examination, even if additional evidence may exist.
Question 2: Which ethical obligation requires a forensic investigator to disclose prior professional relationships with parties in a case?
- Duty of competence
- Conflict of interest disclosure (Correct answer)
- Duty of confidentiality
- Non-repudiation obligation
Correct answer: Conflict of interest disclosure
Conflict of interest disclosure ensures all parties can assess whether the investigator's impartiality may be compromised.
Question 3: A corporate investigator discovers that company executives are directing them to exclude exculpatory evidence from the report. What should the investigator do?
- Comply since the company is the client
- Exclude only evidence that is not definitively exculpatory
- Refuse, include all material evidence, and consider withdrawing from the engagement (Correct answer)
- Submit two separate reports — one for the client and one for the court
Correct answer: Refuse, include all material evidence, and consider withdrawing from the engagement
Investigators must report all material evidence including exculpatory findings; complying with suppression requests constitutes obstruction.
Question 4: Under the ACFE Code of Professional Ethics, what does 'due professional care' require of a digital investigator?
- Using the most expensive forensic tools available
- Applying competent skill, knowledge, and diligence consistent with professional standards (Correct answer)
- Obtaining a signed liability waiver from all clients
- Completing investigations within the shortest possible time
Correct answer: Applying competent skill, knowledge, and diligence consistent with professional standards
Due professional care requires investigators to apply appropriate knowledge, skill, and diligence that a competent professional would apply under similar circumstances.
Question 5: An expert witness discovers after submitting their report that they made a factual error. The ethical obligation is to:
- Leave the report unchanged to avoid appearing unreliable
- Issue a corrected report promptly and notify all relevant parties (Correct answer)
- Correct it only if opposing counsel has not yet received the report
- Wait to see if opposing counsel identifies the error during cross-examination
Correct answer: Issue a corrected report promptly and notify all relevant parties
Professional integrity requires promptly correcting errors and notifying all parties; concealing known errors is dishonest.
Question 6: Which practice violates professional ethics when an investigator is hired as a neutral third party in a civil dispute?
- Documenting chain of custody meticulously
- Sharing preliminary findings with only one party before the report is final (Correct answer)
- Using validated forensic tools and methods
- Maintaining a detailed examination log
Correct answer: Sharing preliminary findings with only one party before the report is final
A neutral investigator must treat all parties equally and not share privileged information with only one side.
Question 7: Peer review of a forensic examiner's methodology is considered an ethical best practice because it:
- Reduces the cost of the investigation
- Increases the speed of the examination
- Validates findings and reduces the risk of methodological errors reaching court (Correct answer)
- Allows examiners to share client confidential data
Correct answer: Validates findings and reduces the risk of methodological errors reaching court
Independent peer review validates the examiner's methods and conclusions, strengthening the reliability and admissibility of evidence.
ACI Professional Ethics & Standards 3
An investigator realizes mid-examination that the search warrant does not authorize access to encrypted cloud storage found on the device.
The correct action is to: