Unit 6 Discussion

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Topic: Difference between civil and criminal cases

Fraud examiners and forensic accountants assist on both civil and criminal cases, and it is helpful to know the different requirements for both of these types of cases. For example, a mortgage fraud case may be prosecuted criminally and civilly. In the criminal case, a mortgage broker may be charged with wire fraud, for causing banks to grant mortgages to unqualified people. The fraud was perpetrated by inflating wages on mortgage application. This case could also be brought in civil court. The unqualified people were conned into buying multiple properties for investment purposes. As a result, they sued the mortgage broker.

Based on the situation described above:

1. What are some of the differences between a civil case and a criminal case?

Discuss your answer in terms of:

Parties

Time period requirements

Threshold of proof

Types of punishments/sentences

Remedies

2. Fraud cases can be tried both in civil court and in criminal court. Search the internet for an example of a court case that was tried both civilly and criminally.

3. Can these civil and criminal cases run simultaneously? How are these trials usually handled?

Respond per your Syllabus guidelines.