Following the money through shell companies and cash businesses, and presenting the findings so a judge can follow them. In this article we look at the background, the key issues and what readers should do next.
The background
To understand why this matters now, it helps to look at how the position developed. For years the rules in this area were settled, and most practitioners could advise clients with confidence. That changed as courts, regulators and clients began asking harder questions, and as new technology and business models exposed gaps that the old approach never anticipated.
The result is a period of uncertainty. Different courts have reached different conclusions on similar facts, guidance has been issued piecemeal, and the practical burden has fallen on the people and businesses who have to make decisions before the law is fully settled. For readers, the most important point is that the outcome in any individual case will depend heavily on its facts.
The expert’s duty
An expert witness owes their primary duty to the court, not to the party paying their fee. Evidence must be independent, objective and confined to matters within the expert’s expertise.
Judges are quick to criticise experts who stray into advocacy, and a damaging judgment can follow an expert for the rest of their career.
Choosing and instructing an expert
The right expert can make a case; the wrong one can sink it. Lawyers who instruct experts regularly look for the same qualities.
- Relevant, current expertise rather than impressive titles alone
- Clear writing and the ability to explain technical points simply
- Experience of giving evidence and being cross-examined
- No conflicts of interest with the parties or the subject matter
Common questions
Does this apply everywhere? No. The rules differ between jurisdictions, and local procedure can change the practical outcome even where the principles are similar.
When should someone get advice? As early as possible. Deadlines in legal matters can be short, and early advice usually costs less than fixing problems later.
What happens next
Expect further guidance, test cases and commentary over the coming months. Criminal Minds Cast will keep following the story and update this article as the position develops.
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