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 Department of Justice, 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.