ACC 421 mod 5 1 assignment

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Southern New Hampshire University *

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Feb 20, 2024

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1 ACC-421 Assignment 5-1: Expert Witness and Legal Actions Brandy Barrell Southern New Hampshire University ACC-421: Auditing and Forensic Accounting Professor Maya Graham 02/11/2024
2 Abstract In this assignment, the explanation of the questions asked will be discussed and answered to the extent of knowledge provided in the reading material of Cengage MindTap Chapter 18 of the short case numbers 13, 1, 9, and 12. Keywords : Expert Witnesses, fraud cases, voir dire, fraud experts, discovery, evidence, avoidance, civil litigation, civil litigation process, civil case, investigations, negotiation, and court procedures.
3 ACC-421 Assignment 5-1 Part One: Expert Witness Explain the role of the expert witness, in general, in fraud cases. An expert witness is a person whose opinion, by virtue of education, training, certification, skills, or experience, is excepted by the judge as an expert in a court case or tribunal. (Cengage, 2019). An expert witness in legal cases is the only person who can make an opinion as not called “hear say”, as opposed to facts stated. This is possible through a process called “voir dire”. They must study the facts of the case and must think analytically about the case. Fraud experts are asked to be either damage experts or liability experts, and sometimes are asked to be both in the case. Explain the role of the expert witness in short case 13 The role of the expert witness in short case 13 was to assist the judge to understand the method of concise, and unbiased opinions, to help the judge understand complexed investigated matters by analyses, conclusion, and evaluation of the mail fraud case. Describe what the expert witness did well in short case 13. The expert witness gave proper answers in which he had enough ability to answer the questions that were relevant to his area of expertise. The expert witness did not answer with yes/no answers or one-word answers. Also, the expert witness had enough clarity in his answers to explain the aspect of fraud.
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4 ACC-421 Assignment 5-1: Part One: Witness Expert Describe what the expert witness did NOT do well in short case 13. The expert witness should not have been so aggressive with the attorney. The expert witness should have kept his composure by still being calm, cool, and collective when giving his answers and not letting his temper rise while being questioned. Part Two: Proper Actions Explain why Mr. Pringles is NOT worried about Mr. Bills discovery. The reason Mr. Pringles is NOT worried about Mr. Bills discovery is because Mr. Bill committed a criminal act to get the evidence in which now might not be used in court to obtain the evidence because of the act being criminal to get the evidence to convict Mr. Pringles. Also Mr. Bill did NOT follow proper procedures in the case or Mr. Bill would have known that he should have hired a fraud investigator to investigate the alleged fraud first. Mr. Bill should have also used the Discovery Process where attorneys obtain information by filing motions to produce documents, interrogatories, and requests for admissions. (Albrecht et al., 2019). Civil Litigation: Explain why civil litigation would be used. Civil litigation would be used for the reason being it starts with the first complaint of the crime of being accused of the offense committed by the accused and financial damages incurred because of the crime.
5 Part Two: Appropriate Actions Civil Litigation Process: Explain the process involved in civil litigation. The civil litigation process has 4 steps. The first step is Investigation and Pleadings . In this stage the complaint is first lodged against Bobby Jones by the ABC Corporation that elaborates on the offense and highlights the financial compensation for the damage caused. Bobby Jones committed the offense of stealing the amount of $5 million in the past 3 years. He can challenge the complaint in the form of a motion which will either nullify the complaint partly or completely, or maybe even give a proper response to the complaint filed against Bobby Jones. The second step of the civil litigation process is Discovery. This is where both sides out or extract as much information as possible from the respective opposing party. The third step of the civil litigation process is Motion Practice and Negotiation. This is when negotiation can happen between Bobby Jones and the ABC Corporation or prior to the trial where Bobby Jones files a motion to challenge the complaint lodged against him. The fourth step of the civil litigation process is Trial and Appeal. This happens when step 3 is a failure. The third step trial is held, and both parties seek judgement from the judge; the judge directs the jury to make a final verdict. Either party may appeal to a higher court to review the verdict if neither party nor one of them is satisfied with the rendered verdict. Civil case not pursued: Provide at least 2 reasons why Turkey Bank would not pursue a civil case against Mr. Oaks. One reason for not pursuing a civil case would be because it could possibly cost more than the civil case and attorney fees and other expenses might outweigh the potential recovery of
6 $10 million. The second reason for not pursuing a civil case is because the allegations tables against Mr. Oaks are criminal in nature so there would be no grounds for a civil case to go ahead. Bank settle out of court: Why might the bank settle out of court before the actual trial? One reason might be because of Uncertainty of Outcome, in which this case would be because civil case outcomes are not assured, and the losing party could be the bank due to lack of evidence or Mr. Oaks has a great defense team. The second reason might be because of Reputational Risk, in which this case could lead to legal action against a prominent leader and could uncover flaws within the organizations internal policies and practices in which might reduce shareholders confidence. Mr. Oaks settle out of court: Why might Mr. Oaks decide to settle out of court? One reason why Mr. Oaks might decide to settle out of court might be Avoidance of Guilty Verdict, in which means Mr. Oaks thinks it is possible the bank might have the evidence against him that would result in a guilty verdict and to avoid the repercussions of monetary fines or hurt his reputation if found guilty. The second reason might be to Maintain Privacy, in which settling out of court can help keep such information confidential. Conclusion
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7 References Albrecht, W.S., Albrecht C.O., Albrecht, C.C., & Zimbelman, M.F., (2019, 6 th Edition). Fraud Examination