What ethical issues does Daren face in the light of this new information he has received?
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The defendants have retained Daren as an expert witness in a recent fraud case. He will be providing information concerning the defendant’s activities, explaining why the defendant’s activities are in accordance with generally accepted accounting principles (GAAP) and normal business practice. Throughout the litigation process, Daren has been completely honest with the attorneys in his deposition and any other correspondence. Daren believes that the activities of the defendant have been in accordance with GAAP. The case continues and is brought to trial. A few days before Daren is called to testify in the trial, he discovers some new documents and information, which could possibly represent fraudulent behavior by the defendant. What ethical issues does Daren face in the light of this new information he has received? What concerns should Daren have? What are some possible actions Daren could take? |
Here is a tip:
Gaining personal benefit through illegal activities is called fraud.
Explanation
Expert witness has the responsibility to help the attorneys during the litigation to provide insights into the case. The expert witness in the given case is on the defendant's side to assist the attorneys about how their activities are in accordance with the generally accepted accounting principles. Individual D has discovered some documents regarding fraud but they think that it may possibly affect the trail. As a result, they decide against testifying in court.
Individual D is concerned about the new document they have received. Individual D is concerned about whether the new document should be presented or not.
The expert witness is on the defendant's side. As a result, they may decide to give the documents to the defendant's attorney.
Verified Answer
Individual D may decide not to produce the documents to the court as they only possibly represent fraud. Further, Individual D may decide to show the documents to the defendant counsel and share the information.
Individual D is concerned that as they are from the defendant's side, they may not submit the discovered documents.
Individual D may give the documents to the defendant's attorney.
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