Jason Smith has been the chief executive officer of the Star Bank in Sydney for 3 years. Recently an auditor discovered some fraudulent loan activity where Smith has overrided internal controls to approve loans to friends and family. The following investigation showed that these fraudulent loans exceeded $5 million. Smith claims innocence, but the Board is considering pursuing a civil case against him to recover the $5 million.

1. Distinguish between a civil case and a criminal case, highlighting their purpose, consequences, the burden of proof required, composition of the jury, which Court is involved, and the nature of verdict required (unanimous/majority).

(6 marks)

Highlight (points)	Criminal case	Civil case

2. Answer the following the questions relevant to this case.

(4 marks)

Question	Answer
Why might the Bank decide not to pursue this civil case? (2 marks)
Why might the Bank to choose to settle out of court before the trial? (1 mark)
Why may Smith prefer to settle out of court before the trial? (1 mark)