Admissibility of Expert Witness Evidence

Posted by admin on November 25, 2008
court expertise / 1 Comment

The most important part of hiring an investigator is their ability to provide expert findings that hold up in a court of law. This is very much apparent when examining any major investigation, as many high-profile cases regarding fraud, arson, and associated findings have hinged on the ability of the investigator to explain and validate their findings in court.

An expert witness is someone who testifies under oath, and whom the court considers to have sufficient expertise in their field of study that he/she can testify about more than just what they have seen, heard, or experienced. An expert witness can tell the court about what conclusions they would reach as a result of certain facts presented to them. An expert witness is also allowed to testify on any expertise that they might have regarding the case. To obtain expert witness status, there is a pre-screening process conducted by the attorneys in the case to discuss proper qualifications and experience, usually at voir dire.

To ensure that the expert witness is qualified, and the testimony they are giving is generally accepted within their respective field, the information they present must pass ‘The Mohan Test’. This principle was developed in 1994 in, Her Majesty the Queen vs. Mohan ([1994] 2 S.C.R 9). This makes sure that:

(1) The information is relevant to the proceedings;
(2) The information assists the trier of fact;
(3) It is with the absence of an exclusionary rule; and
(4) The expert is properly qualified.


Brian Brown and Associates Inc. has many court qualified experts who would be more than happy to assist in any court related information that you may be pursuing.  Call Us toll free in North America at 1-800-813-8822

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A New Era of Fraud Prevention

Posted by admin on November 11, 2008
Insurance Fraud / No Comments


Insurance fraud has existed ever since the beginning of insurance as a commercial enterprise. Fraudulent claims account for a significant portion of all claims received by insurers, and cost billions of dollars annually. Types of insurance fraud are very diverse, and occur in all areas of insurance. Insurance crimes also range in severity, from slightly exaggerating claims to deliberately causing accidents or damage. Fraudulent activities also affect the lives of innocent people, both directly through accidental or purposeful injury or damage, and indirectly as these crimes cause insurance premiums to be higher. Insurance fraud poses a very significant problem, and governments and other organizations are making efforts to deter such activities. There is a distinct need for more proactive and professional investigations due to the rising levels of fraud in our slumping economy. 

Traditional internal controls have been ineffective in preventing fraud, and public education alone is not enough to reduce the escalating rates of insurance fraud. A more proactive and organized approach is necessary to effectively deter fraudsters and their negative effects on our economy.A key measure in such a proactive stance against insurance fraud is to create a centralized hub in which the public is encouraged to relay any first-hand information that they have. By creating a central point for information collection it is possible to optimize public awareness of fraud. All information needs to be relayed to the appropriate investigative units to eliminate the fraud at hand. It is important that insurance coalitions and the public work together in keeping the economy strong and free from the greed of those who attack the economy.
 

Insurance Fraud is not a victimless crime, we all pay the price for others’ greed; insurance fraud costs our economy billions of dollars annually, and results in increased premiums, higher taxes, and reduced benefits for all.

Due to the sheer number of claims submitted each day, it would be far too expensive for insurance companies to have employees check each claim for symptoms of fraud. Instead, many companies use computers and statistical analysis to identify suspicious claims for further investigation. There are two main types of statistical analysis tools used: supervised and unsupervised. In both cases, suspicious claims are identified by comparing data about the claim to expected values. The main difference between the two methods is how the expected values are derived.

In a supervised method, expected values are obtained by analyzing records of both fraudulent and non-fraudulent claims. According to Richard J. Bolton and David B. Hand, both of Imperial College in London, this method has some drawbacks as it requires absolutely certainty that those claims analyzed are actually either fraudulent or non-fraudulent, and because it can only be used to detect types of fraud that have been committed and identified before.

Unsupervised methods of statistical detection, on the other hand, involve detecting claims that are abnormal. Both claims adjusters and computers can also be trained to identify “red flags,” or symptoms that in the past have often been associated with fraudulent claims. Statistical detection does not prove that claims are fraudulent; it merely identifies suspicious claims that need to be investigated further.

Fraudulent claims can be one of two types. They can be otherwise legitimate claims that are exaggerated or “built up,” or they can be false claims in which the damages claimed never actually occurred. Once a built up claim is identified, insurance companies usually try to negotiate the claim down to the appropriate amount. Suspicious claims can also be submitted to “special investigative units”, or SIUs, for further investigation. These units generally consist of experienced claims adjusters with special training in investigating fraudulent claims. These investigators look for certain symptoms associated with fraudulent claims, or otherwise look for evidence of falsification of some kind. This evidence can then be used to deny payment of the claims or to prosecute fraudsters if the violation is serious enough.In the past no standardized organization has been in place to effectively unite the nation against fraud, until now.

www.InsuranceFraud.com has been developed in order to restore the economy to order and eliminate those who make others lives’ harder through their greed and dishonesty.

If you have information on a fraud we can help you in bringing it to light.

 

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