Fraud Paper

In: Business and Management

Submitted By sishuizaitian
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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 civil court case, however, the opposing parties are the plaintiff and the defendant, both of whom are typically represented by attorneys.
2) In a criminal court case, the prosecutor must establish the guilt of the defendant, but in a civil court case, the plaintiff must only establish the liability of the defendant. In the former, the defendant is either guilty or not guilty of a crime, while in the latter, the defendant is either liable or not liable for monetary damages suffered by the plaintiff. For example, in a criminal court case, the defendant can be found guilty of money laundry his money, while in a civil court case, the defendant can be found liable for stealing someone’s car.
In civil court cases, the plaintiff must only win by a preponderance of evidence, which means that the defendant is more than 50% likely to be liable for whatever transpired. For example, if the defendant is accused of criminal mischief, the prosecutor must prove to the jury that the defendant committed the crime beyond a reasonable doubt. In a civil court case, however, the plaintiff must only prove through evidentiary means and testimony that the defendant is probably liable for the damages.
3)…...

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