Rules of Evidence/Fraud Unit

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Your consulting firm has been contacted by the state Department of
Justice. You have served as an expert witness a few times in fraud cases
and are familiar with this agency. The head of the DOJ, Martha Miller,
tells you that there has been such an increase in fraud, the government
has set aside funds to create a fraud unit devoted to prosecuting crimes
in your state. Your assistance is needed to help establish this unit.
As a starting point, Ms. Miller asks you to draft a memo addressing the
following:

  • The different types of fraud that should be included along with clear explanations of each type of fraud
  • The number of working groups and/or coordinators involved in this department, their titles and functions
  • Necessary
    investigative tools a prosecutor would need to utilize to uncover and
    prove fraud, especially tools arising out of criminal procedure (be sure
    to include how the defendant’s rights remain protected under
    constitutional criminal procedure)
  • Whether an evidence chart is necessary in a fraud proceeding
  • The
    role of the expert witness in a fraud trial, including what types of
    expert witnesses you envision necessary for the different types of fraud
    so that she can begin preparing a roster of qualified individuals
  • Issues
    in evidence law to be aware of as it pertains to proving and
    prosecuting fraud (Ms. Miller specifically asks for identification of
    applicable Federal Rules of Evidence to be aware of)

Ms.
Miller also notes a concern regarding fraud in the civil context. This
falls outside the jurisdiction of the DOJ but she asks you to address
fraud in the civil context, specifically when it might be more
beneficial for the DOJ to wait to pursue a defendant criminally or to
forego criminal charges all together.

As part of your preparation
in answering the questions raised by Ms. Miller, you decide to chart out
a fraud case in an Evidence Chart. Ms. Miller could not provide you any
current cases due to confidentiality issues, so you must research a
case and create an Evidence Chart. A good starting point for a fraud
case is here.

The
Project assignment should be 9-12 pages in length (including your
milestone deliverable) well written, and should follow APA requirements. You should cite at least three academic sources.

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