Differences Between Civil and Criminal Cases

Question

Legal, Regulatory, and Professional Environment – Discussion

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Topic: Difference between civil and criminal cases
Fraud examiners and forensic accountants assist on both civil and criminal cases, and it is helpful to know the different requirements for both of these types of cases. For example, a mortgage fraud case may be prosecuted criminally and civilly. In the criminal case, a mortgage broker may be charged with wire fraud, for causing banks to grant mortgages to unqualified people. The fraud was perpetrated by inflating wages on a mortgage applications. This case could also be brought in civil court. The unqualified people were conned into buying multiple properties for investment purposes. As a result, they sued the mortgage broker.

Based on the situation described above:

1. What are some of the differences between a civil case and a criminal case? 

Discuss your answer in terms of:
Parties
Time period requirements
Threshold of proof
Types of punishments/sentences
Remedies

2. Fraud cases can be tried both in civil court and in criminal court. Search the internet for an example of a court case that was tried both civilly and criminally.

3. Can these civil and criminal cases run simultaneously? How are these trials usually handled?

Answer

Differences Between Civil and Criminal Cases

Two types of cases exist in the American legal system: criminal and civil cases. A civil case involves private disputes between organizations or individuals while a criminal case involves offenses against the state or the society as a whole. Unlike civil cases where the victim files the case, criminal cases are filed by the prosecutor as a representative of the state. It is also important to note that the statue of limitations of a case varies depending on the state that one is in and the offense involved.

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Additionally, whereas criminal cases have to be proved beyond a reasonable doubt all civil cases are determined based on the preponderance of the evidence provided. Consequently, the punishments of a criminal offense are more severe than those of a civil offense. Depending on the verdict, sanctions like imprisonment, probation and community service are enacted in criminal cases while remedies, injunctions, monetary and declaratory remedies are enacted in civil cases.

An example of a case that has been tried both civilly and criminally is that of Jennifer Grace Barthel and Edgar Alexander Gomez in Bakersfield, California. Both defendants pleaded guilty to committing bank fraud and identity theft by opening bank accounts with fake documentation before attempting to negotiate a check through those accounts. In this case, they were tried criminally by the state for bank fraud and the victim of the identity theft sued them as well, thus leading to a simultaneous civil case.

Civil and criminal cases can run simultaneously. Such a situation is referred to as a parallel proceeding whereby both cases stem from a single set of facts. The trials, however, are usually handled differently. Consequently, the verdicts are independent of each other, meaning that being found guilty during a criminal proceeding does not automatically mean guilt in the civil proceeding and vice-versa.