I do not need a paper written. I am more or less hoping for an outline where each of the questions is answered but the flourish and in depth explanation are not needed. Additionally, any peer-reviewed resources you find would be greatly helpful as I plan to take your answers and further research them so that I may write my paper. I am fine with incomplete sentences, bullet points, or conversational notes. Thanks so much for your help!

Fact Pattern B: Mary and the Shipping Department Practices

Mary works in the shipping department at a local office supply company, Paper Company. There is a lot of pressure to keep sales up, especially in this down economy. Mary is training a new employee, Mike. She says customary practice is to send orders to customers consistently, even when they haven’t ordered anything, unless they complain. Mary explains to a co-worker that most of the time, the companies think they have ordered the materials. Many customers have their credit cards on file with Paper Company, and Mary charges the cards as the shipments are sent out without the requisite approval.

Mike isn’t comfortable with this policy, but Mary explains, “Hey, the last person was let go because she wasn’t sending out enough orders. I have 3 kids to feed and I’m a single mom!” Still uncomfortable, Mike approached the company CEO, Scott. Mike recounted every detail, to which Scott replied “Hmm. Okay, thanks, Mike. I’ll look into it.”

In truth, Scott was not bothered by the practice and did not want it to stop. He received a big bonus the last two years, likely stemming from Mary’s shipping practices, he now realized.

Two months later and without any change to the shipping practice, Mike reported the practice to the local police. Police arrived on the scene to question Mary. Mary refused to answer any questions. Frustrated, the police arrested her. At the police station, Mary was read her Miranda rights, and she immediately demanded an attorney.

The case was forwarded to the district attorney’s office. They promptly filed charges against Mary, Scott, and Paper Company.

1) At trial, the prosecution calls Mary’s husband to ask him what Mary tells him about her work duties. The defense objects to the question. What rules from the Federal Rules of Evidence will apply in this case? Rely on the entire Fact Pattern and any new facts introduced in directions here

2) What are the elements of the crime the prosecution must prove?

3) What violations of criminal procedure by law enforcement, if any, occurred?

Be specific in your discussion of the applicable law.

Discuss arguments that could be made on both sides of any issue raised

4) If you are called as an expert witness in this case in your capacity as a fraud examiner, what would you focus on to support the prosecution?

5) What would you say if you were called to support the defense?

Indicate what additional investigation and research you might need to do.

Indicate what qualifications you would need to have to qualify as an expert witness.