Project #43750 - Fraud Examiner

For this assignment, assume you are a fraud examiner. You are called as an expert witness in several current cases. Your final deliverable will include three parts. The first and second part will assess your understanding of applicable fraud laws and the third part will discuss your role as an expert witness.


Part I: Burden of Proof and Violations of Criminal Procedure

Write 3-4 pages addressing the following questions separately for each of the four Fact Patterns:

  1. What are the elements of the crime the prosecution must prove?
  2. What violations of criminal procedure by law enforcement, if any, occurred?

Be specific in your discussion of the applicable law and discuss arguments that could be made on both sides of any issue raised.

Your response should be 3-4 pages in length.


Part II: Analysis of Evidence

Part II itself has two parts. First, template of Evidence Chart included, which you will fill out for all four Fact Patterns.

Then write an essay 2-3 pages in length (not including the Evidence Chart, which should be on the same document) with four separate sections addressing the following items concerning the four Fact Patterns:

For Fact Pattern A:

  • The prosecution calls John’s ex-wife to discuss her knowledge of John’s finances. The prosecution also raises questions about John’s finances while the two were married.
  • The prosecution also calls the ex-wife’s attorney and asks him why he decided to report John to State Agency. Attorney testifies he heard “through the grapevine” that John had been claiming he had the kids full-time.

Rely on the entire Fact Pattern and any new facts introduced in directions here. What rules from the Federal Rules of Evidence will apply in this case?

For Fact Pattern B:

  • At trial, the prosecution calls Mary’s husband to ask him what Mary tells him about her work duties. The defense objects to the question.

What rules from the Federal Rules of Evidence will apply in this case? Rely on the entire Fact Pattern and any new facts introduced in directions here.

For Fact Pattern C:

  • At trial, the prosecution seeks to introduce statements of Beth as made to the police in a police report.

What rules from the Federal Rules of Evidence will apply in this case? Rely on the entire Fact Pattern and any new facts introduced in directions here.

For Fact Pattern D:

  • Assume the DA did charge Bill with a crime. At trial, Dan is called as a witness and testifies that Bill told him this was an investment fund and that Bill was an investment manager. Bill also told Dan all the information he had been told by Amy. Dan testified to Amy’s statements as told to Bill.

What issue of evidence does this raise, if any? Rely on the entire Fact Pattern and any new facts introduced in directions here.


Part III: The Role of the Expert Witness

Write 4-5 pages addressing the following items with separate sections for each of the Fact Patterns:

  1. If you are called as an expert witness in this case in your capacity as a fraud examiner, what would you focus on to support the prosecution?
  2. What if you were called to support the defense?
  3. Indicate what additional investigation and research you might need to do.
  4. Also indicate what qualifications you would need to have to qualify as an expert witness.

The complete Portfolio Project assignment should be 9-12 pages in length (not counting the Evidence Chart). Citation of outside sources is not required for this assignment, but if you do cite sources, be sure to apply proper APA format.

Subject Law
Due By (Pacific Time) 10/21/2014 12:00 am
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