The Fraud Trial

A Video Presentation by
Joseph Wells and Michael Kramer

This video shown at a Philadelphia Area Chapter luncheon and training meeting highlights the key areas of importance in preparing for a fraud trial.

Opening Statement: Some people weigh this the most. The jury makes the evidence fit what they heard at the opening statement.

Circumstantial evidence is indirect evidence of guilt not influence. Direct evidence is evidence that someone saw the crime. During Direct Examination the attorney must be prepared, getting just the facts or first hand knowledge. He speaks plainly, narrates, uses graphics and exhibits. It is the Cross Examination where the attorney asks leading questions to take control of a witness who is hostile to your position. Questions are limited to those to which the attorney already knows the answer. The Order of Testimony is Direct, Cross, Redirect, and Recross.

Deposition is questioning of a person outside of court with attorneys and the defendant.

The Offer of Proof or Proffer of Evidence allows the attorney to put forth evidence he wants to put on the record. Preserving the Error is when evidence is put on the record but without the jury. The Rule excludes prospective witnesses from the courtroom while other witnesses testify.

Testimony on Cross: it is recommended to be direct. Avoid extraneous giving of information. Ask the attorney to repeat, review document before answering. Be alert. If your attorney objects, this may be a signal to you. Don't be hostile. Don't guess or speculate. Be courteous and respectful. Be prepared.

Testifying as an expert brings your education and expertise into question. Experts are hired and allowed to give opinions. The jury relies on the expert to sort confusing information. When called as an expert don't exaggerate, explain plainly and simply. Don't argue. Don't speculate by explaining what you don't understand. Show what you mean by use of graphics and charts - visuals. Don't expound. Examine documents.

In a criminal case, defendants do not testify against themselves. However, in a civil case, a defendant can testify in his own defense. Once a defendant testifies, he is then subject to cross examination. Prosecutors use leading questions to channel yes/no replies to direct the flow of questions the way he wants.

Closing arguments are a summary and pull in the loose ends. The part with the burden of proof provides their closing first and restates their position. During the deliberation, the jury is given a charge with what issues it needs to decide. With regard to the verdict in a criminal trial, unless there is a unanimous decision and insufficient votes for a majority, it is considered a hung jury. The verdict is not official until entered by the judge. The judge has three options. He can accept the verdict by the jury, or order a new trial or make an application of the law.