How Would You Fare as an Expert Witness?

GUEST BLOGGER

Jacob Parks, J.D., CFE
Research Specialist

All attorneys who use expert witnesses in litigation will tell you that the last thing they want to worry about is an expert who is not prepared. My first experience with an ill-prepared expert was, fortunately, during a mock trial tournament in law school. These events largely relied on the competitors’ fellow students to volunteer to serve as fact and expert witnesses. One mock trial case that I competed in involved medical malpractice and required an expert witness to testify to technical matters. I recruited another student to be my expert witness and explained the facts of the case to him. However, I told him that to really understand and retain the nuances of the case, he would need to study the case documents. He assured me that he would.

A couple of weeks later, we held the mock trial, and my expert witness tanked. During my own direct questioning, it was clear that he had not committed many of the crucial details to memory. I was able to refresh his memory somewhat, but my opponent saw weakness. The cross-examination was so bad that it was awkward to watch. My witness got flustered when he didn’t know an answer, was argumentative, and generally looked like he had dropped out of medical school during the first year. Perhaps I am being too hard on him — he was just a volunteer after all — but I thought he should have known better. I tried to rehabilitate his testimony in my redirect, but the damage was done. Let’s just say that I was watching the final mock trial round as a member of the gallery.

As for my expert witness? Suffice it to say that no one used him as an expert witness again. While I can talk about this story jokingly, in actual litigation, it is imperative for expert witnesses to be prepared. This preparation includes knowing both the facts of the case, as well as the procedural rules and processes of litigation.

The ACFE’s new online course, The CFE as an Expert Witness, is designed to help you be a prepared, confident and credible expert witness. Learn about the legal standards you must meet, the traits of an ideal expert witness, and how to testify effectively during depositions, direct testimony and cross-examination.

Don’t suffer the fate of my expert witness – add these skills to your repertoire and be prepared for your day in court. 

Using CFE Expertise in the Courtroom

MEMBER PROFILE

Peter Davis, CFE, CPA, ABV, CIRA
Managing Director at Simon Consulting

Davis' projects include receiverships over Ponzi schemes, alter ego analyses, fraud investigations, commercial damages, hidden asset searches and other matters. His knowledge of fraud detection and deterrence, interpretation of financial data, and determination of business and personal damages has served him well as an expert witness. Davis has also taught on the subject of forensic accounting and receiverships at Arizona State University and has provided training on fraud and forensic accounting to numerous organizations.  

What types of cases do you find the most interesting/challenging? 

I enjoy Ponzi analyses, alter ego matters and forensic accounting in general. It is the process of solving complex problems that is enjoyable.

You are conversant in German and have consulted for companies in the United States, Germany and Japan. What types of unique challenges do you face when working with clients overseas?

In particular, Japan is very different, and it takes good preparation to excel in their business environment. It is particularly important to understand the culture of the people before visiting a foreign country.

Your background is in accounting -- what led you into the realm of fraud detection and prevention?

I enjoyed the changing environment and the challenges of litigation.

How did you find out about the ACFE, and what compelled you to join in 1998?

I have a passion for investigating frauds, so the ACFE was a natural fit… There has been a massive growth in the profession -- in particular, after Enron and other large frauds. It is amazing to see all the people at (the ACFE Annual) Fraud Conferences.

You also earned your CFE credential in 1998. How has being a CFE helped you in your career and in your work?

I believe judges like the credential when they are dealing with a fraud case.

When you teach at Arizona State University and provide fraud and forensic accounting training to organizations, are there any words of wisdom you like to impart on your students?

“Stay humble -- it is when we get arrogant that we fail.”

Read more profiles in the Career Center on ACFE.com.

Guilty Until Proven Innocent

AUTHOR'S POST

By Mandy Moody

ACFE Social Media Specialist

Did he do it? Did the investigators get the facts right? Those are just two of the many questions that Linda Saunders, CFE, CPA, CFF, CGFM, owner of Forensic Accounting Consulting, was able to answer and convey to a jury as an expert accounting witness for her first criminal defense case in Idaho. In Monday’s breakout session, “The Fraud Trial: A Case Study of the Innocent,” Saunders detailed the issues anti-fraud professionals could face when being called to provide expert testimony.

At first glance, Saunders thought she was being asked to defend a crook. The State of Idaho Attorney General, along with help from the Idaho Department of Insurance, was prosecuting an insurance agent on eight counts of insurance fraud, forgery, grand theft and racketeering. Within those counts were 134 Predicate Acts of insurance fraud, grand theft and forgery. The numbers alone would scare any possible defense witness. But, after giving due diligence, Saunders quickly realized that some mistakes had definitely been made.

“The more the case unfolded, the more I was convinced I could help unravel the journal entries and offer some sort of opinion,” Saunders said. “The prosecutor’s expert witness relied on the insurance agent’s bookkeeper’s analysis. I needed to go in and check the debits and credits myself.”

Read the full article here.