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 civil court case, however, the opposing parties …show more content…
• 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