Submit a 3 page paper that 1) explains the difference between litigating an embezzlement case in civil court and criminal court, and 2) discuss the role of an expert witness/fraud examiner in each proceeding.
There are two major factions of the United States court system: civil cases and criminal cases. Both take place in courtrooms all across the country, but there are several differences that separate the two as well as the role of fraud examiner in each proceeding. The major difference of the two in an embezzlement case is:
1) In a criminal court case, the opposing parties are the prosecutor, often the Assistant District Attorney, and the defendant, represented by a trial lawyer. In a ...view middle of the document...
In a civil court case, however, the defendant is not always entitled to a jury trial, and may be assigned to a trial by judge, which means that the officiating judge has the final say.
4) In a criminal court case, the sentence can be a fine or jail time, or both. While in a civil court case, the defendant cannot go to jail, but can be forced to pay monetary damages to the plaintiff, or to return property. In the civil justice system, the primary purpose of a civil action is to recover losses and possibly reap punitive damages. In fact money and other similar damages are the main outcome in the civil justice system. In a criminal case, however, the fine will not go to the victim, but to the courts. In some cases, a defendant can be charged both civilly and criminally. Jail is reserved for sentences of less than one year’s duration, whereas prison is reserved for sentences greater than a year.
The role of the fraud examiner or forensic accountant when working with attorneys and other persons related to legal matters is to:
• Educate counsel;
• reconstruct cash flow and performance from records;
• guide additional investigation and discovery;
• Make connections, draw conclusions, and offer observations;
• determine whether evidence supports theories of case;
• provide objective evaluations of the information, data and evidence;
• draft report and exhibits;
• offer deposition and trial testimony
Certified Fraud Examiner & Expert Witnesses in the court case:
• Fraud examination engagements bring the responsibility of testifying in a criminal trial.
• The expert witness identifies the scheme used to commit the fraud and amount of fraud loss.
• The Certified Fraud Examiner (CFE) is limited to testifying to the facts associated with their findings.
• Expert witnesses help the court understand the complexities of the fraud case.
• Expert witnesses prepare written reports to support their testimony.
In various types of fraud examination and forensic accounting investigations, the professional will do some and possibly all of these activities at the direction of the attorneys and/ or other officers of the court. The anti-fraud professional or forensic accountant may be hired as a consultant or an expert witness, or may be a court-appointed expert or master.
In financial crimes, a forensic accountant may serve as an expert in a number of civil litigation matters: damage claims, personal injury, wrongful death, predatory pricing, antitrust, branch of contract, divorce, bankruptcy, torts and tortuous interference, valuations, and financial reconstruction. And no matter what the engagement, the fraud examiners are not an advocate for any side, they must remain the quintessential independent, objective professional. The commitment to professionalism is the hallmark of the fraud examiner and forensic accountant.
In the criminal justice system, targets may enter the criminal justice system from three routes: a warrantless arrest by the...