Testifying

Types of witnesses, expert qualifications, and direct and cross-examination.

5 minutes 5 Questions

In the Certified Fraud Examiner (CFE) context, testifying refers to the fraud examiner's role in presenting evidence and conclusions under oath in legal or quasi-legal proceedings, such as depositions, trials, arbitrations, or administrative hearings. The CFE may testify as a fact witness (describi…

Concepts covered
Cross-ExaminationTypes of Witnesses and Their ObligationsExpert Witness QualificationsDirect Examination
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CFE - Testifying Example Questions

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Question 1

Although leading questions are generally improper on direct examination, the examining attorney may use them to cover preliminary or undisputed matters, such as a witness's name and background.

Correct Answer: True

Direct examination normally uses open-ended, non-leading questions so the witness, not the attorney, supplies the testimony. Courts commonly allow leading questions on introductory or uncontested matters, such as a witness's background, to save time. Leading questions may also be allowed when the witness is hostile or adverse.

Question 2

A fraud examiner traced diverted customer deposits during an investigation and is now testifying at trial. She is being questioned by counsel for the party that called her as a witness. Opposing counsel is likely to object to any improper question form. Which of the following questions is MOST appropriate for her own counsel to ask at this stage?

Correct Answer: What did you find when you traced the deposits?

Asking what she found when she traced the deposits is open-ended and non-leading. It lets the witness explain her findings in her own words, which is the proper form on direct examination.
Asking "You traced the deposits to the controller, right?" is a classic leading question that suggests the answer. Asking whether the deposits went to the controller's bank also suggests the desired answer, invites a simple yes or no, and puts the conclusion in the examiner's mouth. "Isn't it true the controller took the funds?" is leading and argumentative, a form reserved for cross-examination.
Key concept: leading questions are generally improper on direct examination of one's own witness.

Question 3

During cross-examination, opposing counsel can impeach a fraud examiner's credibility by confronting the examiner with a prior inconsistent statement, such as earlier deposition testimony or a written report.

Correct Answer: True

Impeachment through prior inconsistent statements is a standard cross-examination technique. Opposing counsel compares the witness's courtroom testimony with earlier statements in depositions, reports, working papers or correspondence to show contradictions and undermine credibility. This is why a fraud examiner should review all prior statements and reports before testifying.

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