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102 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Statutory law |
includes statutes passed by the federal or state legislatures (and regulations passed by administrative bodies). Criminal law is statutory, while civil actions can be based on either statutory or common law |
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Common law
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consists of the usages and customs of a society as interpreted by the judiciary; it often is referred to as “judge-made” law |
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Anderson, a lawyer, is in possession of funds that belong to his client, Mullins. Anderson subsequently misappropriates those funds with the intent to defraud Mullins. Under these facts, Anderson has committed larceny. (T/F?)
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False; Anderson has committed embezzlement, not larceny. Because Anderson was in possession, not just custody, of the funds before he misappropriated them, he committed embezzlement.
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Under which cause of action can an investigator be held liable for a TRUE statement made about a suspect?
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Public disclosure of private facts (not intrusion upon seclusion) |
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Paige is going to testify as a witness regarding her team’s fraud examination report for a complex fraud case involving thousands of documents. She delegated much of the document analysis to subordinates at her firm, who wrote summaries of the key documents they found. In preparing for her testimony, Paige only needs to analyze the summaries prepared by her subordinates. (T/F?)
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False; Paige should, wherever practicable, conduct a complete review of supporting documents. One important problem in the preparation of reports and accounting summaries arises from delegation of tasks to subordinates.
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Which of the following MOST ACCURATELY describes the legal elements that must be shown to prove a claim for commercial bribery?
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The defendant, while acting with corrupt intent and without the victim’s knowledge or consent, gave or received a thing of value that was intended to influence the recipient’s action in a business decision.
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Which of the following statements concerning currency reporting requirements is MOST ACCURATE?
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Non-financial organizations and individuals are required to report any receipt of currency over $10,000 in the course of their trade or business using IRS Form 8300. |
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fidelity bond
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a policy issued by many large insurance companies under which the insured entity is covered against losses caused by the dishonest or fraudulent acts of its employees. |
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To establish that a defendant violated Section 1001 of Title 18, U.S. Code (false statements), the government must prove that the defendant made a false statement (or used a false document) regarding a matter within the jurisdiction of a U.S. agency, and the agency relied on the false statement to its detriment. (T/F?)
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False; For a violation to occur, the agency need not actually have been deceived, nor must it have in fact relied upon the false statement. Also, to establish a violation, the government does not have to show that it suffered a loss. The statement must have been capable, however, of influencing the agency involved.
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3 tier STATE court system
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1. Lower Level Trial Court - hears misdemeanors, civil disputes <$10k, preliminary hearings for felonies
2. Higher Level Trial Court - aka Superior Court; hears felony cases, civil disputes $10k+ 3. Appellate - reviews trial court decisions 4. Superior appellate - reviews lower appellate decisions |
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Character witnesses may testify to
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opinion on character but not specific good deeds
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Steps of the preparation phase
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1. identify the relevant data
2. obtain the requested data 3. verify the data 4. cleanse & normalize the data |
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A CFE is conducting a fraud exam on Cooper, an employee at his gov't org. The CFE has strong reason to believe that Cooper has incriminating evidence on a personal phone that he brings to work. Which iis most accurate?
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The CFE may search the phone if his org has a privacy policy stating that personal phones are subject to search
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steganography
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the process of hiding 1 piece of info w/in an innocent-looking file.
Methods of detection: visual, audible, statistical, structural |
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What is the most effective way to document chain of custody for a piece of evidence?
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A memo of interview with the custodian of the evidence when the evidence is received
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subpoena duces tecum
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A document that directs an individual to bring originals or copies of records to a deposition orother court proceeding
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gross margin
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net sales - COGS
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Committee on Sponsoring Organizations (COSO)
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defines "internal control" as a "process, effected by the Board, desiged to provide assurance re: the achievement of objectives for ops, reporting, & compliance
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types of law
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1. procedural - sets out the rules of the legal system & procedures to be followed when hearing a grievance
2. substantive - sets the terms of any dispute |
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evidence prosecution must disclose (when requested by the defendant) that is material to guilt or punishment in criminal cases |
Brady material
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To determine whether a registered person is excessively trading securities on a customer account for the purpose of generating commissions, a fraud examiner should calculate: |
The amount of monthly gross commissions generated from the customer account as a percentage of the average account balance
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Which of the following statements about civil litigation is CORRECT?
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In civil trials, the plaintiff usually offers its evidence first.
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Which of the following is the MOST ACCURATE statement about an accused’s rights during a grand jury hearing?
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B. The accused has no absolute right to appear before the jury during a grand jury hearing.
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To determine if a misrepresentation in the offer or sale of any securities is material, a fraud examiner should consider which of the following?
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C. Whether a reasonable investor would wish to know the information to make an informed decision
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To launder funds, a consultant reports payments for services that he never actually provided or received payment from a customer for. He then deposits unrelated illicit assets disguised as payments for the fake services. This laundering technique is called overstating revenues. (T/F)
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True. Overstating revenues, also known as income statement laundering, occurs when the money launderer records more income on the books of a business than is actually generated by that business. |
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The Bank Secrecy Act is the primary law prohibiting the federal and state governments from improperly accessing individuals’ banking information. |
False. The first major piece of legislation aimed at detecting and preventing money laundering.
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Based on Rule 702 of the Federal Rules of Evidence, which of the following is NOT a question that must be asked in determining whether an expert may testify before the jury? |
C. Is the person well-educated in the subject?
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Johnson, a fraud defendant, is being tried in a criminal case. Blue, a Certified Fraud Examiner, is a key fact witness in Johnson's trial. At what point does Johnson have a right to see written statements by Blue that relate to the subject matter of Blue's testimony?
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C. After Blue testifies
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In a criminal trial, both the prosecution and defense have statutory rights to certain pre-trial discovery. The defendant does not, however, have an absolute right to see copies of prior statements made by a witness against the accused until such witness testifies at trial.
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The Foreign Corrupt Practices Act (FCPA) has two major parts. The first part criminalizes the bribery of a foreign public official to obtain or retain business. The second part pertains to money laundering, requiring publicly traded companies to adopt policies, procedures, and internal controls reasonably designed to prevent money laundering. (T/F?) |
False. The FCPA has two major parts. The first part criminalizes the bribery of a foreign public official to obtain or retain business. The second part pertains to accounting procedures, requiring publicly traded companies to keep accurate books and records and adopt internal controls to prevent diversion of assets or other improper use of corporate funds. |
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Generally, in a civil case, the plaintiff must prove his case beyond a reasonable doubt. (T/F)
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False. The burden of proof for the civil plaintiff is lower than for the criminal prosecutor. In most cases, the civil plaintiff must prove his case only by the preponderance of the evidence, meaning that there must only be slightly more evidence in favor than against. In contrast, criminal prosecutors must prove their case beyond a reasonable doubt.
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Which of the following best describes a core function of the Office of Foreign Assets Control?
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D. To maintain the Specially Designated Nationals and Blocked Persons (SDN) list and enforce its sanctions CORRECT
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The USA PATRIOT Act requires financial institutions to implement programs designed to verify the identity of any person seeking to open an account. These programs are called _________.
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B. Customer Identification Programs
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The Supreme Court has held that police must have probable cause to briefly detain and question a person for investigative purposes. (T/F)
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False. In Terry vs. Ohio, 392 U.S. 1 (1968), the Supreme Court held that police may briefly detain and question a person for investigative purposes if there are specific "articulable" reasons to do so. The decision imposes a lesser standard than probable cause.
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White, a Certified Fraud Examiner, believes that Blue, a fraud suspect, is guilty of embezzlement. White shares his theory with his supervisor. Blue later turns out to be innocent. Blue can sue and probably recover from White on a theory of defamation. (T/F)
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False. Defamation is an unprivileged publication of a false statement about a person that causes harm the reputation of that person.
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Jarod is the prosecutor in a case that is going to trial and seems likely to end with a guilty verdict. However, he receives material evidence late in the investigation that indicates the defendant was nowhere near the crime scene at the time of the incident. Under the law established in Brady v. Maryland and related subsequent Supreme Court cases, is Jarod required to turn over this evidence to the defense? |
C. Yes, he must turn over the evidence if it is material to the defendant’s guilt.
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Which of the following describes the process of granting an immunity order?
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C. The prosecution makes an application to immunize the witness, and the court grants immunity if certain conditions are met
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The UK Bribery Act has broader application than the FCPA because, unlike the FCPA, it makes commercial bribery a crime. (T/F)
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True
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Which of the following statements concerning the alternative dispute resolution process is accurate?
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Mediation agreements are enforceable as binding contracts.
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Which of the following is the cross-examination technique that entails getting the expert to admit a great amount of time being spent in one area of the investigation, and then selecting an area to highlight in which the expert has not done much work? |
B. Myopic vision.
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Owen receives a gift from a good friend for $15,000 in cash. Owen must file a Form 8300 (currency report) with the Financial Crime Enforcement Network (FinCEN) and the Internal Revenue Service. (T/F)
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False. It was not rec'd in the regular course of business. |
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Following the stock market crash of 1929, Congress passed the ______________ to regulate the subsequent trading of securities through brokers and exchanges. |
D. Securities Exchange Act of 1934
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Blue has been retained to testify as an expert in an insurance fraud civil trial in federal court. The Federal Rules of Civil Procedure require that, prior to trial, she prepare a report for the other party in which she discloses certain information about herself and her testimony. What must Blue include in her report?
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C. The basis for all opinions she will express.
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According to the court in Auerbach Shoe Co. v. Commissioner, whether or not the corporation is charged with tax fraud along with its officers depends on:
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A. The intent of the officers
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Which of the following statements concerning the use of the Fifth Amendment privilege against self-incrimination is MOST ACCURATE?
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A. A party can raise the Fifth Amendment privilege in civil proceedings, but his refusal may be disclosed to the jury.
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Which of the following statements about questions of laws and facts in legal proceedings is MOST ACCURATE? |
C. In most civil trials, juries decide questions of fact. |
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Appellate state courts hear issues involving questions of law or questions involving both law and fact that arose in higher- and lower-level trial courts. (T/F) |
True. Appeals involve questions of law or questions involving both law and fact. |
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Generally, to establish an illegal gratuity violation, the government must prove that the gratuity was given for the purpose of influencing an official act. (T/F/) |
False. An illegal gratuity charge doesn’t require proof that the gratuity was given for the purpose of influencing an official act. That is, an illegal gratuity charge only requires that the gratuity be given for, or because of, an official act. |
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Under Rule 26 of the Federal Rules of Civil Procedure, which of the following items of information about the expert witness is NOT required as part of the disclosure to opposing parties? |
All crimes of dishonesty the expert has been convicted of * A complete statement of all opinions to be expressed and the basis and reasons for such opinions* The data or other information considered by the witness in forming the opinion * Any exhibits to be used as a summary of or in support for the opinions * The qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years * The compensation to be paid for the witness’s study and testimony * A listing of any other case in which the witness has testified as an expert at trial or by deposition within the preceding four years |
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Which of the following statements concerning the Financial Action Task Force’s (FATF) Recommendations is FALSE? |
They are mandatory for all countries who are members of the United Nations. |
The FATF’s Recommendations, revised in 2012, created the most comprehensive standard with which to measure a country’s AML, counterterrorism, and nuclear proliferation laws and policies. |
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In the U.S. federal legal system, which of the following must be charged by indictment?
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All felonies (crimes punishable by imprisonment for more than one year or at hard labor) and all offenses punishable by death must be charged by an indictment unless indictment is waived by the defendant.
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Allan believes that he has been financially harmed by Michael and wants to bring a lawsuit against him. Which of the following courts would be the most likely to have jurisdiction to hear the case? |
A court in the county where the harm was done |
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Which of the following would likely be a sufficient defense against allegations of tax fraud? |
Proof that the defendant’s action was nothing more than a mistake of judgment. |
In the context of tax fraud, a mere mistake in judgment is not sufficient to constitute fraud. There must be a willful intent to illegally evade the tax. |
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Which of the following is a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts? |
* The defendant made a misrepresentation of a material fact.
* The defendant knew the representation was false. * The victim relied on the misrepresentation. * The victim suffered damages as a result of the misrepresentation. |
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Circumstantial evidence |
is evidence that tends to prove or disprove facts in issue indirectly, by inference. |
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A money laundering scheme cannot be successful until the _________ is eliminated or made so complex that individual steps cannot be easily traced. |
paper trail |
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Which of the following statements concerning an information (i.e., the criminal charging document) is ACCURATE? |
An information does not need to be signed by a grand jury. |
An information is a charging document stating that the person or persons named or described committed an offense. An information may be signed only by the prosecutor without the involvement of the grand jury. A misdemeanor may be charged by either an indictment or information. |
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Unless a witness is a non-adversarial, court-ordered witness, he cannot express opinions or draw conclusions in his testimony. (T/F) |
False. Unlike fact (or lay) witnesses, expert witnesses may express opinions or draw conclusions in their testimony. |
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Which of the following could be considered a “security” subject to registration and regulation regarding trading? |
An investment contract |
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According to the Federal Rules of Criminal Procedure, which of the following statements concerning grand juries is NOT correct? |
A grand jury may be used solely to obtain evidence to be used in a parallel civil trial. |
The grand jury consists of 16 to 23 people sworn as jurors who meet in secret deliberation, usually in biweekly or monthly sessions, to hear witnesses and other evidence presented by prosecutors and to vote on indictments. The grand jury has the right to subpoena witnesses and documents, and refusals to appear or produce may be punishable as contempt, with fines or jail terms until the subpoena is complied with or the grand jury term expires. A witness or target of the grand jury retains the Fifth Amendment right against self-incrimination. |
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Which of the following is the MOST ACCURATE statement about the Truth in Negotiations Act (TINA)? |
C. TINA requires that government contractors submit cost or pricing data and certify that such information is current, accurate, and complete before the award of any negotiated contract. |
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A private UK company transfers $60,000 to a Chinese public official to influence the award of a public construction contract. This act would constitute a violation of the Foreign Corrupt Practices Act (FCPA). (T/F) |
False. The anti-bribery provisions of the FCPA make it unlawful to bribe a foreign official for business purposes. Only regulated persons are subject to FCPA jurisdiction, and such persons include all of the following: * A domestic concern, which is any citizen, national, or resident of the United States, or any business entity that has its principal place of business in the United States or that is organized under the laws of a state, territory, possession, or commonwealth of the United States |
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Which of the following statements concerning interrogatories in a federal civil trial is MOST ACCURATE?
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A. Interrogatories are not binding, and parties may offer testimony that is inconsistent with their previous testimony.
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Which of the following is generally NOT a purpose of opposing counsel during the cross-examination of an expert witness?
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C. To obtain information about the expert witness’s analysis previously unknown to opposing counsel.
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In a bankruptcy proceeding, are the creditors of the debtor allowed to conduct their own investigation into the debtor’s financial affairs?
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A. Yes, the creditors may generally conduct such investigations. They don't need the Trustee's permission.
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Under Miranda v. Arizona, which of the following is LEAST relevant to whether law enforcement officials are required to inform a suspect of his constitutional rights?
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B. Whether there is probable cause of a crime.
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Larry encountered a complicated issue involving a deduction for his federal taxes and sought the advice of an attorney who was also a Certified Public Accountant. Larry provided the attorney with all of the relevant information and relied on his advice to take the deduction. Later, an IRS investigation led to Larry being charged with tax fraud. At trial, will Larry likely be successful in asserting reliance on an attorney or accountant as a defense to tax fraud?
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C. Yes, if the court determines that the expert was qualified based on the facts and circumstances.
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CalaCala Foods, a private meat processing company, hired Able, a private investigator, to investigate allegations of internal fraud. During the investigation, Able questions Baker, a suspect in the alleged fraud, at Baker’s home. During the interview, Baker seeks to invoke his right to counsel. Able legally MUST:
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Do nothing.
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In the United States, all federal criminal laws are prosecuted using statutes and the common law. (T/F)
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False. All federal criminal laws are the product of statutes.
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A criminal charging document signed by the prosecutor without the involvement of the grand jury is called an ex parte order. (T/F)
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False. An information is a charging document stating that the person or persons named or described committed an offense. An information may be signed only by the prosecutor without the involvement of the grand jury. A misdemeanor may be charged by either an indictment or information.
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The pre-trial process during which the court or the attorneys for both parties interview a group of potential jurors and determine whether they are impartial and suitable to serve on the jury is called voir dire. (T/F) |
True
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The major distinction between larceny and embezzlement lies in the issue of: |
C. Whether the thief had been legally entrusted with the stolen items |
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Following the stock market crash of 1929, Congress passed the ______________ to regulate the public offering of securities and to protect investors |
C. Securities Act of 1933 |
In 1933, the Securities Act was enacted to regulate the public offering of securities and to protect investors. Simply put, the 1933 Act regulates the issuance of the securities themselves, and the 1934 Act covers subsequent trading of securities through brokers and exchanges. |
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Anyone who induces another to commit an offense can be held guilty of:
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D. Aiding and abetting (18 U.S.C. § 2)
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The primary function of Rule 10b-5, which the Securities and Exchange Commission (SEC) promulgated pursuant to Section 10 of the Securities Exchange Act of 1934, is to regulate the filing of annual reports by companies that engage primarily in investing, reinvesting, and trading in securities. (T/F)
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False. Rule 10b-5—which the SEC promulgated pursuant to Section 10 of the Exchange Act—prohibits false statements and other fraudulent activity in connection with the purchase or sale of any security. Rule 10b-5 is often referred to as the Act’s anti-fraud provision.
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Which of the following statements about a grand jury hearing is CORRECT?
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The grand jury hearing is considered to be a nonadversarial proceeding.
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Which of the following statements about a grand jury hearing is CORRECT?
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The grand jury hearing is considered to be a nonadversarial proceeding.
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Which of the following statements about criminal charging documents in the U.S. federal legal system is CORRECT?
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Indictments are accusations in writing of offenses and are brought in the name of the government.
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Because the Certified Fraud Examiner (CFE) credential denotes proven expertise in fraud prevention, detection, and deterrence, CFEs are automatically qualified under Federal Rule of Evidence 702 to give testimony as to their opinion about fraud-related issues involved in a case. (T/F)
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False
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If an employer is investigating an employee who is a member of a union, the employer must generally notify the employee's union before interviewing the employee, but the employee has no right to have a union representative present during the interview. (T/F)
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False
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Which of the following money laundering schemes would be classified as balance sheet laundering?
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Depositing illicit proceeds into a company’s account without entering them as a sale
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Rather than attempting to disguise money as normal business revenue, excess funds can simply be deposited into the bank account of the business. This technique is known as "balance sheet laundering" because it is independent of the money that flows in and out of the business.
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The Securities Act of 1933 regulates the trading of securities through broker. (T/F)
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False. Simply put, the Securities Act of 1933 regulates the issuance of the securities themselves, and the Securities Exchange Act of 1934 covers subsequent trading of securities through brokers and exchanges.
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During the closing arguments, the prosecutor is held to a particularly high standard. Which of the following is NOT true?
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The prosecutor may express his opinion about the guilt of the defendant. He may not misstate the evidence, express a personal opinion as to the defendant's guilt or the credibility of witnesses, or otherwise make prejudicial or inflammatory remarks.
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To establish the crime of embezzlement, the government must prove that there was a fiduciary relationship between the perpetrator and the victim resulting from the perpetrator's lawful possession of the property when it was stolen/misappropriated. (t/F)
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False. Embezzlement is the wrongful appropriation of money or property by a person to whom it has been lawfully entrusted (or to whom lawful possession was given). Embezzlement involves a breach of trust, although it is not necessary to show a fiduciary relationship between the parties.
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If a debtor has 12 or more creditors, at least three creditors are needed to file an involuntary bankruptcy proceeding against the debtor. (T/F)
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True.
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Which of the following is NOT part of the Daubert criteria to assess the reliability of expert testimony?
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D. Whether the expert's theory or technique can be falsified
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Shelia is a defendant in a criminal case. Her defense team has requested no evidence from the prosecution during pre-trial discovery. The prosecution, however, requests that the defense team turn over its relevant documents and tangible objects. At this point, Shelia’s defense team must turn over the requested items. (t/F)
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False. if the defendant requests disclosure of the prosecution’s documents and tangible objects, reports of examinations and tests, and its expert witnesses, then the prosecution is correspondingly entitled to disclosure of these items from the defense. The prosecution is not, of course, entitled to disclosure of the defendant’s work product, nor is it entitled to statements made by prospective witnesses to the defendant or his attorneys.
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In the closing arguments, defense counsel cannot attack the motives and credibility of the government's witnesses. (T/F)
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False
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A. Sales are generally in cash. |
A. Sales are in cash
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To prove a claim for an illegal gratuity, the government must prove that a thing of value was given, offered, or promised to (or demanded, sought, received, or accepted by) a public official for or because of an official act performed or to be performed by such public official. (T/F) |
True |
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An appellate state court can reverse a criminal conviction if it finds that the lower trial court made an error that affected the “substantial rights” of a party during the original trial. (T/F) |
True
Appellate courts do not try cases, and an appellate court will not reverse a conviction unless it finds an error that affected the “substantial rights” of a party; “harmless error,” which supposedly does not affect the jury’s decision, is tolerated. |
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If the debtor and the creditor cannot agree on the value of the collateral, a panel trustee will determine its value. (T/F) |
False. States Attorney’s Office. If the debtor and the creditor cannot agree on the value of the collateral, there will be a hearing under Section 506 of the Bankruptcy Code and the court will determine the value of the collateral. |
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Black, a Certified Fraud Examiner, discovers a potential fraud at the ABC Company while auditing ABC's procedures. She immediately notifies in-house counsel. As a result, Black's work up until that point is protected by: |
None of the above. Although the work undertaken by a fraud examiner may be protected by the work product doctrine, to receive protection, the work must be done in anticipation of litigation and at the attorney's direction. Here, even if Black's work was done at the attorney's direction, her work was not prepared in anticipation of litigation because no litigation was actually planned |
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If an employer is investigating an employee who is a member of a union, the employer must generally notify the employee's union before interviewing the employee, but the employee has no right to have a union representative present during the interview. (T/F) |
False.
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According to the Uniform Securities Act of 2002, used by many states to regulate securities, certain conditions must be in place before a security can be sold or offered for sale. Which of the following correctly lists those conditions that must be present?
A. A registration in place to cover the security, the listing of the security on a national stock exchange, and a registered broker-dealer B. A registration in place to cover the security, a registered securities professional, and full and fair disclosure of all material information C. A registration in place to cover the security, the listing of the security on a national stock exchange, and an administration agency to arbitrate securities lawsuits D. A registration in place to cover the security, full and fair disclosure of all material information, and an administration agency to arbitrate securities lawsuits |
B. A registration in place to cover the security, a registered securities professional, and full and fair disclosure of all material information
The Uniform Securities Act of 2002 provides that, unless certain exemptions apply, a security cannot be sold or offered for sale until all of the following requirements are satisfied: There is a registration in place to cover the security. The securities professional is registered. There is full and fair disclosure of all material information. |
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Which of the following is NOT an element of an offense under the bribery of public officials statute, Title 18, U.S. Code, Section 201(b)? |
B. Favorable action performed by an official |
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In tax fraud cases, willfulness to commit the offense can be inferred from all but which of the following types of conduct? |
B. Keeping a set of tax records separate from GAAP books |
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A consent to a search by a police officer that is obtained by deceit, bribery, or misrepresentation is not considered effective under the law, and does not waive the consenting parties’ Fourth Amendment rights. (T/F) |
True. Consent is a recognized exception to the warrant requirement. Individuals are always free to waive their Fourth Amendment rights. If a subject consents to a search or seizure by a government agent, this eliminates the need for a warrant. Thus, the government does not need a warrant to perform a search if a person with proper authority consents to a search. But to constitute an effective waiver of Fourth Amendment rights, an individual’s consent to a search or seizure must be voluntary. Consents to searches by government agents obtained by deceit, bribery, or misrepresentations are generally held to be involuntary and, therefore, do not waive the consenting parties’ Fourth Amendment rights. |
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Which of the following statements about general partners is CORRECT? A. General partners have management responsibility for the enterprise but assume no liability for the partnership’s debts. B. General partners cannot incur obligations on behalf of the partnership. C. General partners have management responsibility for the enterprise and assume liability for the partnership’s debts. D. General partners assume liability for the partnership’s debts but have no management responsibility for the enterprise. |
General partners have management responsibility for the enterprise and assume liability for the partnership’s debts. There are two types of partnerships: general partnerships and limited partnerships. General partnerships are associations of two or more persons acting as co-owners in a business for profit. In a general partnership, each general partner can incur obligations on behalf of the partnership, and each partner assumes unlimited liability for the partnership’s debts. Thus, a general partner has unlimited personal liability. Also, in a general partnership, the partners take an active role in the business's operation (i.e., they have management responsibilities). |
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If the debtor and the creditor cannot agree on the value of the collateral, a panel trustee will determine its value. (T/F) |
False. The duties of a panel trustee are as follows: administer assets; liquidate assets; pay creditors; litigate matters where necessary; have the right to sue and be sued; conduct hearings; conduct investigations of financial affairs of the debtor; file reports as required by the Office of the UST; and, where appropriate, file criminal referrals with the United States Attorney’s Office. If the debtor and the creditor cannot agree on the value of the collateral, there will be a hearing under Section 506 of the Bankruptcy Code and the court will determine the value of the collateral. |
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The testimony of an expert witness will be admitted if the testimony is relevant to any issue. (T/F) |
False. Under Rule 702 of the Federal Rules of Evidence, a witness qualified as an expert by “knowledge, skill, experience, training or education” may testify in the form of an opinion or otherwise to “scientific, technical or other specialized knowledge” if such testimony will “assist the trier of fact to understand the evidence or to determine the fact in issue.” Note that the standard is that the testimony will assist the jury, not whether it is relevant to any issue. |
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Only a defendant may appeal an adverse final judgment in a civil case. (T/F) |
False. The rules for appeal differ in civil and criminal court. Either party in a civil case may appeal a judgment. Because of the Fifth Amendment's double jeopardy provisions, only a convicted defendant in a criminal case can appeal a verdict. The government cannot appeal an acquittal on the merits of the case. The prosecution may, however, appeal adverse pre-trial rulings on the admissibility of evidence and certain other matters that may temporarily terminate a prosecution (but do not result in a decision on the merits in favor of the defendant). |
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To convict a defendant under Title 18, U.S. Code, Section 1341 for committing mail fraud, there must be some use of the mails, the mailing must contain a fraudulent representation, and the victim must suffer a loss. (T/F) |
False. In general, mail fraud is the use of the mail to perpetrate a scheme to defraud a victim of money or property. The gist of the offense is the use of the mail. Thus, where the postal system is not used, no matter how large or serious the fraud, there is no federal jurisdiction under this statute. Yet, the mailing does not need to contain the false and fraudulent representations, as long as it is an integral part of the scheme. What is integral or incidental depends on the facts of each case; generally, a mailing that helps advance the scheme in any significant way will be considered sufficient. For a scheme to violate the mail fraud statute, it is not necessary that the scheme succeed or that the victim suffer a loss for the statute to apply. |
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