Page 39 - Expert Witness

This section of the practice aid also provides a chart to assist the practitioner with the provision of con-
sulting services for federal criminal litigation matters. State and local criminal litigation processes, law,
rules, and regulations are numerous and may vary greatly and, therefore, have not been included in the
scope of this practice aid.

The criminal litigation process consists of several phases and activities. Typically, a substantial part of
the practitioner’s work is performed and completed, and the associated evidence is gathered, at the front
end of the engagement in anticipation of the grand jury proceedings. The practitioner can create substan-
tial value through expert witness and consultant services during this process and for these activities.

Phase Activity Phase or Activity Description Practitioner’s Potential Services
Investigation The federal criminal litigation process
usually stars with an investigation of  Assist with federal govern-
suspicious activities or suspected mental investigation, such as
crimes by an authorized federal gov- suspected financial statement
ernmental unit. fn 19 fraud, tax crimes, money laun-
dering, or corrupt practices

 Case assessment

 Document management

Indictment — federal These are some of the federal crimes
crimes likely to be serviced by the practitioner  Case assessment based on al-
in criminal litigation support engage- leged regulatory violation
ment:
 Indictment assistance
 Anti-money laundering law
violations
 Grand jury testimony
 Antitrust law violations
 Document management

 Bail crimes (for example,
fraudulent conveyance and il-  Case strategy (consulting only)
legal preferential payments)

 Federal income tax crimes (for
example, conspiracy, false re-
turns, tax evasion, and fraud)

 Federal financial institution
law and regulatory violations

fn 19 Federal investigations may involve the following agencies and departments among others: Bureau of Alcohol, Tobacco, Firearms,
and Explosives; Department of Labor; Drug Enforcement Administration; FBI; Department of Health and Human Services; Depart-
ment of the Interior; Department of Justice and the associate U.S. Attorneys General ; Department of the Treasury; IRS; Securities and
Exchange Commission; U.S. Postal Service; U.S. Secret Services.

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