Midterm Flashcards

Question

Cold Wallet

Answer 1

Airgapped not attached to the interweb, usually a USB or portable hard drive with spinning disk

Answer 2

Plugged into the interweb, agencies can gain access to the money

Answer 3

Test for Psyhcopaths

Answer 4

Crime for any federal employee or person to use or spend govt funds when they haven't been authorized for use

Answer 5

driving around searching for unsecured networks or networks with easy passwords

Answer 6

Access to information legally earlier than other people

Answer 7

Every piece of evidence had a number

Answer 8

Access Data Certified Examiner

Answer 9

London Inter Bank Overnight Rate

Answer 10

Reward Power Coercive Power Expert Power Legitimate Power Referent Power

Answer 11

1. Fraud Prevention 2. Early Fraud Detection 3. Fraud investigation 4. Legal follow up and/or Resolution

Answer 12

After Action Reports

Answer 13

1. By Chance 2. By providing "Whistleblowing" 3. By Data Mining

Answer 14

refers to circumstances taken as a whole that would lead a reasonable, prudent professional to believe a fraud has occurred, is occurring, or will occur

Answer 15

-To recover money or assets stolen -rare with employment fraud -more common when other orgs are involved -may sue the auditors or others with deep pockets

Answer 16

-only be brought by law enforcement -usually fines, prison terms or both -more difficult to get a criminal conviction than a judgement in a criminal case

Answer 17

is a legal concept in criminal law where a defendant pleads guilty to a crime while maintaining their innocence or without admitting guilt. In an Alford plea, the defendant acknowledges that there is enough evidence to potentially convict them at trial, and they choose to accept a plea deal or a guilty plea as a means of reducing the potential consequences of going to trial and risking a more severe sentence.

Answer 18

The law that handles infringements of communal nature associated with society's harm is known as criminal law, where as civil law is the law that protects the right and duties of an individual

Answer 19

Testimonial Evidences - from a third party Documentary Evidences - collected from written documents Physical Evidences - from the objects and the area of theft Personal Observations - collected by the investigation team

Answer 20

Every Civil case involves 4 basic stages 1. Investigation and pleadings 2. Discovery 3. Motion practice and negotiation 4. Trial and appeal

Answer 21

Filing criminal charges Arresting and charging the defendant Preliminary hearings Grand Jury Arraignment Discovery Pretrial Motions Trial and Appeal

Answer 22

1. Arrest without a warrant by a private citizen or police office who observes a crime being committed 2. Arrest after a warrant has been issued(obtaining a warrant requires a preliminary showing or probable cause) 3. Arrest after and indictment by the grand jury(the purpose of the grant jury is to determine whether probable cause exists; grand jury indictments are generally used in fraud cases)

Answer 23

Requires that probable cause exist before a defendant is arrested or searched.

Answer 24

Requires an indictment of a grand jury before a defendant is held for a capital crime * Precludes a person from being tried twice for the same crime. * Gives the defendant the right to refuse to incriminate himself or herself * Requires the state to apply due process of law * Forbids the state from taking a private party’s property without just compensation

Answer 25

* A grand jury is a body of 16 to 23 people, selected from the community, who are sworn as jurors and deliberate in secret. * Grand jurors listen to evidence presented by witnesses and prosecutors. * Because a preliminary hearing is an opportunity for the defendant to obtain discovery of the prosecution’s case without disclosing its evidence, the prosecution generally prefers to obtain a grand jury indictment. * Defendants do not have a right to be notified that a grand jury is considering evidence against them. * At trial, the defendant will have the Sixth Amendment protections denied during the grand jury process.

Answer 26

* The Sixth Amendment protections relate only to trials. * This amendment provides the defendant with the following rights: * Receive a speedy and public trial * Be heard by an impartial jury * Have a trial held in the state and district in which the crime was committed * Be informed of the accusation * Confront witnesses against him or her * Compel witnesses to attend the trial * Be represented by legal counsel

Answer 27

Generally, in a fraud trial, the grand jury will hear evidence of wrongdoing before the defendant is in custody. * Once the defendant is indicted, he or she will receive summons to attend an arraignment that includes the time and place to appear. * Alternatively, the defendant may be arrested and brought to the arraignment. * At arraignment, charges against the defendant are read. * Defendant may plead guilty, not guilty, or nolo contendere.

Answer 28

* Before a criminal trial, the defendant can file motions with the court. * Two motions that are frequently made include the following: * A request that the charges be dismissed as a matter of law * A request to suppress certain evidence because it was illegally obtained

Answer 29

* An expert witness is a person whose opinion, by virtue of education, training, certification, skills, or experience, is accepted by the judge as an expert in a court case or tribunal. * An expert witness is the only witness who can render an opinion (as opposed to stating facts) in a legal case. * Experts are qualified by the judge to render an expert opinion through a process called voir dire.

Answer 30

1. Do listen carefully and concentrate on each question. 2. Do think about the question and digest it before attempting to respond; don’t give snap answers. 3. Don’t try to guess or bluff your way through an answer. If you do not know the answer to a question or do not understand the question, say so. 4. Do restrict your answer to the question asked; don’t editorialize your answer or volunteer information. 5. Don’t respond to statements or observations, only to questions. 6. Do answer questions convincingly; don’t repeatedly attempt to hedge your answers or be overcautious. 7. Don’t memorize answers to questions you expect to be asked; do phrase your response in your own words. 8. Do answer questions honestly; don’t attempt to figure out what the best answer to each question might be. 9. Do speak out the answer to each question. Body language, such as hand signals or nods, cannot be recorded by the stenographer. 10. Do be cautious before answering any hypothetical question and make sure you understand the assumptions, and then spell them out as part of your answer. 11. Do try to “read messages” intended by objections to questions by the lawyer with whom you are working. His or her objection may be designed to caution you about some risk or problem with the question. 12. Don’t hesitate to take the time necessary to review exhibits presented to you before responding to questions based on them. 13. Do explain all assumptions on which your conclusions are based and do be prepared for opposing counsel to attack them.

Answer 31

1. Do be mindful that your personal characteristics and professionalism may influence the jury as much as or even more than the substantive content of your testimony. 2. Do be yourself; jurors are apt to sense when you are not being natural. 3. Do your best to appear authoritative, credible, businesslike, serious, assertive, polite, assured, self-confident, sincere, candid, forthright, fair, and spontaneous. 4. Don’t appear pompous, aggressive, insincere, or unfair. 5. Do remember that you are independent—avoid bias or unnecessary advocacy of the client’s position. 6. Do focus on the lawyer asking the questions, but remember to look at and direct your answers to the jury as well. Don’t overlook the reactions of the jurors to your answers; do try to be responsive to their nonverbal signals. 7. Do correct any errors you make as soon as you can. 8. Do tailor your answers to the jury’s educational level and do your best to speak in plain English; don’t use technical terms that laypeople will not understand. 9. Don’t bore the jury; try to speak with clarity and feeling and avoid long, overly detailed answers. 10. Don’t hesitate to raise your voice; pause or use some other natural gesture to emphasize an important point. 11. Do speak just loud enough and just fast enough to be comfortably understood by the jury. 12. Don’t bring notes, work papers, or other material to the witness stand unless counsel for your side approves. 13. Don’t try to play lawyer while on the stand. Your job is to answer the questions honestly and responsively; counsel for your side will take care of the legal matters. 14. Don’t look to counsel for your side or the judge or anyone else to bail you out if a question stumps you or you otherwise get yourself into a hole.

Answer 32

1. Don’t lose your temper or become angry or antagonistic; do recognize that it is opposing counsel’s job to attempt to discredit you. 2. Don’t be concerned if opposing counsel scores points, which is entirely to be expected when your side relinquishes the offensive to the other side; all you can do is try to keep the damage to minimum. 3. Don’t quibble unduly or become argumentative with opposing counsel. 4. Don’t respond evasively or ambiguously to questions, no matter how difficult they may be. 5. Do be extra careful if opposing counsel takes on friendly air, which may be tactic designed solely to catch you off guard. 6. Don’t become hostile if opposing counsel tries to bully you. Jurors are likely to respect you for not becoming unduly perturbed and to sympathize with you if you get “beat up.” 7. Do resist responding with simple yes or no answers that may be misleading without some qualification or explanation. Either provide the qualification or explanation directly by responding “yes, but” or “no, but” or request the opportunity to do so. 8. Do your best to recognize signals, such as careless answers, that you may be getting tired or losing your competitive edge. It is advisable in such situation to indicate the need for break. 9. Don’t allow opposing counsel to entice you into answering questions that concern matters outside your area of expertise. 10. Do maintain the position you took in your direct testimony. 11. Don’t allow opposing counsel to con you into an advocacy role; unduly taking your client’s side can cause you to lose your independence in the eyes of the jury.

Answer 33

A series of written questions that specifically identifies information needed from the opposing party.