After the decision by the U.S. Court of Appeals for the Second Circuit in United States v. Cuti, 720 F.3d 453 (2d Cir. 2013), there is a greater likelihood that today’s chief financial officer (CFO) or auditor may be tomorrow’s star witness in a criminal-fraud trial. In Cuti, the court held that accountants who had participated in preparing or auditing financials can be asked “what-if-you-had-known” questions because such testimony was permissible fact and lay-opinion testimony.
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