S37 E4: Nerds Love Code | The Expert Witness

Summary

Podcast Summary: The Expert Witness from Uncover

Episode: S37 E4: "Nerds Love Code"
Host: Sam Mullins (CBC)
Date: June 1, 2026

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Episode Overview

This episode explores the rise of AI as an "expert witness" in the criminal justice system, centering on the controversial use of the CyberCheck software in a high-profile Akron murder case. Host Sam Mullins follows defense attorneys Don Malarcic and Marie as they attempt to uncover what’s really going on with CyberCheck—the AI tool that claims to identify suspects but remains a black box to the defense. The episode dives into technological, ethical, and legal questions and the clash between tech innovation and due process.

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1. The Case Context: CyberCheck Invades Ohio Courts

• Akron’s Backlog & CyberCheck: Defense offices are overwhelmed with cybercheck-related cases in the wake of an unsolved toddler homicide. As AI systems begin to count as evidence, the defense is desperate for answers.
  • “The Ohio defense firm's office looked like it had turned into a game of Tetris. Every few seconds, it seemed, another brick would fall in the form of a box of documents.” (00:13, Sam Mullins)
• Skepticism: The defense, especially Don and Marie, doesn’t trust CyberCheck or its creator, Adam Mosher, suspecting a lack of transparency and scientific validation.
  • "In order to believe in CyberCheck, you have to believe Adam Mosher. His credibility is the only thing that matters if we can't see the software." (02:11, Marie)
• Push for Access: The defense seeks access to the CyberCheck code to allow independent experts to review its inner workings; the prosecution and Mosher repeatedly resist.

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2. The Peer Review Plot Twist

• Mosher’s Claim: In court, Mosher suddenly asserts that CyberCheck “has already been independently verified by a peer review study” from the University of Saskatchewan—contradicting his prior denials.
  • “He had said so many times that he had never been peer reviewed.” (04:27, Marie)
• Defense Response: Don’s team is incredulous and demands proof, requesting specifics about the peer review.

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3. The CyberCheck Demo: A Tense Technical Showdown

Key segment: 07:56–21:01

• Mosher Visits Akron: Under a compromise, Mosher comes to Ohio to demonstrate CyberCheck to the defense team and their chosen digital forensics expert, Greg Kelly.
• Atmosphere: The defense is suspicious yet curious. Marie describes Mosher as unexpectedly personable (09:03), and Don is shocked Mosher actually shows up (08:08).
• The Demo Dynamic: Greg Kelly and Mosher spend hours wading through the code in a closed conference room.
  • “They were set up in one of our conference rooms, like all day with the door closed and not much sound coming out of it.” (10:11, Marie)
• Initial Impressions:
  • Greg finds some real software at play, not just gibberish.
  • “We did see software that appeared to work, that gathered data and fed it into some AI environment.” (12:12, Greg Kelly)
  • Don reluctantly admits connecting with Mosher on a human level despite previous animosity.
    • “We started talking about being a dad... I connected with him on a human level that I didn't think was really possible.” (13:34, Don)

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4. Flaws and Frustrations: The Black Box Problem

• Obfuscation & Evasion: The defense repeatedly encounters evasive answers and shifting explanations from Mosher about how CyberCheck actually works.
  • “Nailing him down was like nailing jello to a tree. It was virtually impossible… he’s masterful at that, better than anyone I’ve ever met, honestly.” (15:18, Don)
• Limited Access: Despite promises, Greg and Don say they do not get true “unfettered access” to the full code or underlying AI models.
  • “Did you have unfettered access to the entire code base of Cybercheck?” — “No. No. Unfettered access? Absolutely not.” (16:15–16:20, Don)
• The Black Box: They see inputs and outputs, but the critical internal logic remains hidden.
  • “How does he take these data points and turn them into a percentage that places people at the scene of a crime in the 90th percentile?” (16:50, Don)
• AI Training Concerns: The team raises critical questions about the data used to train CyberCheck. They note all suspects flagged are non-white with criminal records, suggesting troubling bias.
  • “If you already start from a biased standpoint...now you potentially have an AI that's going to be biased in how it identifies potential suspects.” (17:44, Greg Kelly)

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5. The Mystery of “Criminal Indicators”

• Mosher’s Explanation: Mosher says the AI uses “51 criminal indicators” (including things like “gang affiliation” and even “pornography”).
  • “Every time we would peel back a little bit of a layer, you'd get another question that would just make you go, what the fuck is he talking about?” (18:46, Don)
• Vicious Circle: Mosher justifies these indicators based on convictions in past cases—circular logic the defense finds deeply suspect.

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6. The Peer Review Investigation

• The Truth Comes Out: Don follows up directly with the University of Saskatchewan about the alleged peer review and gets a decisive response:
  • “It is not correct to say it was peer reviewed… USASC was not involved in the creation of the document.” (24:08, Email read by Sam)
• Don’s Triumph: Don believes this revelation finally proves Mosher lied under oath, giving them the ammunition needed to challenge CyberCheck in court.
  • “I'm like, oh, my God, we got him. We have closed all the doors.” (24:40, Don)

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7. The Legal Showdown Approaches

• The Daubert Hearing: With peer review debunked, Don gears up for a Daubert hearing, the critical judicial gatekeeping process to determine if CyberCheck is admissible.
  • “It was time for Daubert… the final boss in the game of keeping junk science and unqualified experts away from juries.” (21:43, Sam)
  • “There's nowhere for Adam Mosier to escape now. We had him." (25:09, Don)
• Cliffhanger: Don is confident in his case, but the episode ends on a suspenseful note, hinting that things may not play out as expected in court.
  • “The prosecutors had parried everything Don had put to them. But this time would be different. Don was ready for any scenario, for every possibility, except for the one that actually played out.” (25:46, Sam)

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Notable Quotes & Moments (with Timestamps)

• “In order to believe in CyberCheck, you have to believe Adam Mosher. His credibility is the only thing that matters if we can't see the software.” — Marie (02:11)
• “Nailing him down was like nailing jello to a tree.” — Don Malarcic (15:18)
• “We did see software that appeared to work, that gathered data and fed it into some AI environment.” — Greg Kelly (12:12)
• “I'm like, oh, my God, we got him. We have closed all the doors.” — Don (24:40)
• “There's nowhere for Adam Mosier to escape now. We had him.” — Don (25:09)
• “The prosecutors had parried everything Don had put to them. But this time would be different. Don was ready for any scenario, for every possibility, except for the one that actually played out.” — Sam Mullins (25:46)

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Key Themes and Takeaways

• AI in Criminal Justice Is a Minefield: The episode highlights unanswered questions about accountability and transparency when AI algorithms are used as evidence against defendants.
• The Dangers of Black Box Tech: Lack of peer review, biased training data, and proprietary secrecy raise critical risks when AI intersects with the legal system.
• A Human Story Amidst the Tech: Despite adversarial positions, personal connections and unexpected empathy emerge even as crucial legal battles loom.

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Segment Timestamps

• 00:13 — Akron’s case backlog and the rise of CyberCheck
• 02:11 — Defense’s skepticism of Mosher and CyberCheck
• 04:27 — The peer review claim and challenge
• 07:56 — Mosher’s arrival and the code review session
• 10:11 — Forensic expert Greg Kelly’s code review
• 12:12 — Validation vs. skepticism: is CyberCheck for real?
• 15:18 — Mosher’s evasions come to light
• 16:31 — The “black box” problem and AI’s unseeable mechanisms
• 17:44 — Questions of bias in the AI
• 18:28 — The troubling logic behind “criminal indicators”
• 24:08 — The peer review claim is exposed as false
• 25:46 — Cliffhanger: What happens at the Daubert hearing?

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This episode is essential listening for anyone concerned about the future of AI, criminal justice, and the vital importance of transparency and scientific rigor in the courtroom. The next episode promises to reveal the results of the critical Daubert hearing—and possibly, the fate of AI as a courtroom witness.

Transcript

[Sam Mullins]

Protein packed meals in 10 minutes. TikTok's got millions of them. Could you whip one up in under eight? Probably. But hey, it's not a race. Grab the recipes on TikTok and start cooking. This is a CBC podcast. The Ohio defense firm's office looked like it had turned into a game of Tetris. Every few seconds, it seemed, another brick would fall in the form of a box of documents. Documents. Ever since Akron's courts became backlogged, the bricks were piling higher and higher without anyone being able to clear a line. And now that Don had agreed to take on all cybercheck cases in Akron, the bricks were falling faster than ever. Each labeled in marker cybers. Inside each of these boxes was a different chapter of the same story. A horrific cold case killing, leaving families and friends of the victims with unanswered grief. But then, for the investigators who were stumped, for the people waiting for justice, there was finally hope, finally a breakthrough. Cybercheck was here, and Don Malarcic just wanted it gone. In the fall of 2023, the Ohio Defense team still knew very little about the inner workings of the thing. They didn't know if cybercheck really worked or not. All they knew from what they'd learned about what went down in Colorado and from their own run ins with the man was that the creator of CyberCheck had serious issues with the truth. They had tried to expose these issues and share with the judge and prosecutors their findings, but when they did, nobody cared.

[Marie]

And we just could not understand why. No one cared except us.

[Sam Mullins]

Nothing they found seemed big enough to move the needle. The prosecutors didn't seem suspicious about anything they were learning about Mosher.

[Marie]

It was so maddening to try to understand why they didn't care. Because in order to believe in cybercheck, you have to believe Adam Osier. It's the only thing that matters is his word. His credibility is the only thing that matters if we can't see the software to validate that it's accurate.

[Sam Mullins]

So Don and Marie were doubling down on that. You believe this guy? Cool. Time to show us why we did

[Don Malarcic]

everything we could to try to get access to the software.

[Sam Mullins]

Donna Maria's defense of Philip Mendoza was one of their most high profile cases. He was accused of having shot and killed toddler Tyree Halsell. And the CyberCheck report that pointed to Mendoza was still buried in the Tetris stack somewhere. But Mendoza's original lawyer had told him that it placed him at the crime scene at almost the exact time the fatal Shots were fired. But how had it done that? Don went to the judge and said, look, if cybercheck is so worried about someone stealing their secret software recipe or

[Don Malarcic]

whatever, we'll sign a protection.

[Sam Mullins]

So it's only our independent experts that get to peek inside it. But still wouldn't do it.

[Don Malarcic]

And that made me fucking incensed.

[Sam Mullins]

Mosher did offer to Let dawn see CyberCheck in motion and show it to him in person. But like a magician with his cards, he wasn't going to just hand him the deck. The code and algorithms were still off limits. For now. I'm Sam mullins, and from CBC's uncover, this is the Expert Witness. Episode four, Nerds Love Code. In October 2023, in one of the Mendoza hearings, Adam Mosher appeared and he said a surprising thing. He told the court that there was no need for an expert to examine the cybercheck code because it had already been independently verified by a scientific peer review study. To Don and Marie, this was a shock because it ran completely counter to what Mosher had said in the past.

[Marie]

He had said so many times that he had never been peer reviewed.

[Sam Mullins]

Don himself had asked Adam about this very thing the first time he came up against him in court. And Adam said, quote, no peer reviews, no. So what's with the new story?

[Marie]

Immediately we were like, who? What? When? Where? Why?

[Sam Mullins]

A peer review study is significant because it means that something has survived the scrutiny of people who really know what they're talking about. And Mosher told the court that CyberCheck's peer review study was carried out in the great nation of Canada by. By the University of Saskatchewan.

[Don Malarcic]

So I filed a motion to order Adam Mosher to identify this peer review study.

[Sam Mullins]

And then Don waited. And waited and waited. 2023 turned into 2024. Multiple haircuts happened. New Year's resolutions were conceived of, implemented, and abandoned, all without Mosher producing this thing. So Don did what he often does. He lost it. He went to the judge in the Mendoza case.

[Don Malarcic]

I said, judge, we gotta have the necessary information to have our experts intelligently critically examine this stuff. We have to have our experts get access to the information that the prosecution's using to convict our client.

[Sam Mullins]

So the judge proposed a creative compromise to Don Malarcic and the prosecutors who were trying to use CyberCheck as evidence, one that all sides eventually agreed on. Adam Mosher would go to see Don, Marie, Noah, and their independent experts in Akron, and he'd bring his creation with him.

[Marie]

He was not going to turn the software over, but at least show our experts how the software functioned.

[Don Malarcic]

It was kind of a prearranged date that nobody really wanted to go on, but we had to kind of do it for our parents kind of thing.

[Sam Mullins]

Moser and Cybercheck were coming to Akron. It was on.

[Don Malarcic]

What if a marginal gain unlocked greater performance?

[Sam Mullins]

What if an insight in data could change everything? At Aramco, our focus on detail helps us deliver reliable energy to millions across the world. Because margins aren't marginal, they're where we can truly push the limits of what's possible. Aramco, an integrated energy and chemicals company. Learn [e-mail] Jacqueline Furlan Smith, a 40 year old former Canadian military trainer, moves

[Don Malarcic]

to Costa Rica to follow her dreams. But in the summer of 2021 vanishes without a trace.

[Sam Mullins]

How can a woman just go missing

[Don Malarcic]

and us put out all that effort to find her and she's still missing? I'm David Ridgeon and this is someone

[Sam Mullins]

knows something Season 10 the Jacqueline Furlan Smith Case Listen Ad free on Amazon Music. On the morning of March 25, Don Malarcic wasn't especially in a hurry to get to the office and greet his Canadian guest.

[Don Malarcic]

I think we had a bet in the office. It was 5050 whether or not he was going to be here.

[Sam Mullins]

Don had been corresponding with Mosher long enough to know how his Monday morning promises usually play out.

[Don Malarcic]

I didn't think there was a chance in hell that he would show up.

[Sam Mullins]

But Marie was the early bird to catch the worm.

[Marie]

I was actually the only one here that morning.

[Sam Mullins]

That morning, Marie was only weeks into her professional law career. That February, she passed the bar and was no longer a paralegal. She was an official full time defense attorney at the coveted Ohio defense firm. And when the buzzer went and she realized it was on her to entertain Mosher, she was like, of

[Marie]

course Don invites Adam Mosher to our office. He comes to the office. Don's not here to say hi.

[Sam Mullins]

Marie let Mosher in. He was taller than she expected, towering over her. He was professionally dressed and had with him his life's work, which fit conveniently in his computer bag.

[Marie]

So I greet him and he was like kind of astonishingly polite. I didn't know what to expect, but he was way more personable and and excited almost in a way to be there.

[Sam Mullins]

Marie offered him a coffee and did her best to get through the standard oh so you're from Canada chit chat until eventually Don walked in and I was shocked. He actually showed the next person through the door that morning was digital Forensics expert Greg Kelly, who had a spring in his step. It's not every day you get to pop the hood on something this advanced, something that claims it can do things that no one in the tech world had ever seen before. Plus, of course, it was cool to meet its creator, who his boss thought was a total fraud.

[Greg Kelly]

He was very polite, very personable.

[Sam Mullins]

Greg and Mosher were directed to the room where they'd be holed up for the next few days. And they got into it.

[Marie]

They were set up in one of our conference rooms, like all day with the door closed and not much sound coming out of it.

[Sam Mullins]

While the nerds were nerding. It was hard for any of the lawyers in the office to go about their usual work knowing that the man who'd thrown a wrench into their whole business of criminal defense was bearing all just down the hallway.

[Don Malarcic]

We were giddy, yes, we were giddy because these guys are in it. I mean, like in the code.

[Sam Mullins]

The day played out like a sports match. There was the playing field, the conference room, and then at appropriate intervals, there would be a break in the action where the sweaty players would lumber into Don's office, the de facto dressing room, to reflect and strategize.

[Don Malarcic]

Greg and his team would come in and it was kind of surreal. It was really kind of bizarre.

[Marie]

I'd run in and we'd all come in here and kind of huddle and kind of hush hush, like, okay, what is he saying? What is he doing?

[Sam Mullins]

They'd all crowd around and be like, what the frig is going on in there, Greg?

[Greg Kelly]

He gave us what he said was a copy of the source code, and we just started looking at it and then was very gracious in answering questions as we went along.

[Sam Mullins]

But the code, the cybercheck, it's all bull, right? Right, Greg? It was too early to tell.

[Don Malarcic]

It was really a rollercoaster for me because I had come to my own conclusion that Adam is a fraud and Cybercheck is complete nonsense.

[Sam Mullins]

A part of Don thought that when Moser finally showed his code, that the experts would just be like, that's not code, that's just Wingdings.

[Don Malarcic]

I was cautiously optimistic that the fraud would be exposed. But, you know, Greg would come in to me and he would say something. Well, I don't think it's all bullshit. I'm like, what are you talking about, man? Like, what do you mean? Well, it's doing this, and that's a real thing.

[Sam Mullins]

What do you mean it's doing a real thing, Greg?

[Greg Kelly]

We did see Software that appeared to work, that gathered data and fed it into some AI environment.

[Don Malarcic]

And I'm like, how is it doing that?

[Sam Mullins]

And then Greg would disappear into the conference room again for another session with Mosher. This arranged date happening in Akron, going into it, Don could not have been rooting harder against Mosher.

[Don Malarcic]

I thought, this guy's a complete fraud and I have to burn him down.

[Sam Mullins]

That was the overarching goal. But there were breaks in the action, lunches, water breaks, donuts. And then the end of the day

[Don Malarcic]

would roll around and this weird kind of thing started to happen. He kind of wanted to stick around in our office. When we were done, it was a little weird. Greg would leave and the experts were gone, and we would set up a time to come tomorrow. And Adam just wanted to hang out and kind of shoot the shit a little bit. Like, we're buying him lunch and we're bullshitting. And I was talking to him about non cyber check stuff. Just, you know, Canada and this and that, you know, pleasantries and stuff. And he was affable and normal.

[Sam Mullins]

Greg would be looking over Mosier's shoulder, grilling him line by line, but then it'd be time for a coffee run.

[Greg Kelly]

All of a sudden, he starts talking about, like, you know, personal things.

[Don Malarcic]

We started talking about being a dad. We both have teenage boys, and we both have some of the same struggles. And I connected with him on a human level that I didn't think was really possible.

[Sam Mullins]

This was a confusing time for Don because on top of his tech standing up to his team's scrutiny, Don also had to consider that he. Oh, God. It's hard to say out loud, but was Don enjoying his time with Mosher?

[Don Malarcic]

I saw the human in him. You can't see that on zoom. I can't see it when I'm cross examining him, but I saw it and I felt it.

[Sam Mullins]

This is an important lesson to take with us. When you take oppositional forces from the online world and you put them into the real world and make them breathe the same air and eat the same donuts, this is what happens. Connection.

[Don Malarcic]

At a certain level, he was broken, just like all of us.

[Sam Mullins]

Had Mosher's time at Ohio Defense been just a day. Both sides might have walked away thinking that it was a great success. But this wasn't a date. It was more of a weekend getaway. And as Greg continued in the conference room, the red flags started to come into view.

[Greg Kelly]

One of the things that I found kind of unusual was like, we'd ask him a question. He'd give us an answer, and then we'd ask the question again. We'd get a completely different answer.

[Sam Mullins]

Greg started to get the sense that there were parts of the code that were off limits.

[Don Malarcic]

We started to see kind of his bag of tricks. And as we would get close to questions that would pull back the curtain, Adam would pivot, and it was incredibly frustrating. Any question you ask that tries to get below, he backtracks is proprietary. And you're like, oh, yeah, okay. Nailing him down was like nailing jello to a tree. It was virtually impossible. If you're not in a room with him where you have eight hours to pin him down, it's almost impossible to pick up on those things that he does to avoid telling the truth. He's masterful at that, better than anyone I've ever met, honestly.

[Sam Mullins]

Leading up to his arrival in Akron, Moser had promised, quote, complete access to the Cybercheck codebase, which includes all machine learning models and artificial intelligence algorithms. But as Moser's time in Ohio started to wind down. Did you have unfettered access to the entire code base of Cybercheck?

[Don Malarcic]

No. No. Unfettered access? Absolutely not.

[Sam Mullins]

Greg felt that despite seeing hundreds of

[Greg Kelly]

lines of code, the software piece that we looked at, there was no AI to it. It was kind of like the beginning and the end after the AI took place.

[Sam Mullins]

But when the AI took place, what was it doing specifically?

[Don Malarcic]

That's the black box that we can never figure out.

[Sam Mullins]

They could see where the meat went in, and they could see where the sausage links came out. But the middle part remained a mystery.

[Don Malarcic]

How does he take these data points and turn them into a percentage that places people at the scene of a crime in the 90th percentile?

[Sam Mullins]

What connections was the AI in cybercheck making?

[Greg Kelly]

More importantly, what was the data upon which the AI was trained? With artificial intelligence, probably one of the most important things is understanding what data the AI is trained on.

[Sam Mullins]

AI only knows what you show it. If you tell it that water is blue and then you show it a muddy river, it won't recognize the river as water. The same goes for the criminal cases. If all you show it is just the existing American criminal justice system and media coverage of the criminal justice, that could present an obvious problem.

[Greg Kelly]

If you already start from a biased standpoint of criminal cases, where it's heavily weighted towards minorities more than the general population, now you potentially have an AI that's going to be biased in how it identifies potential suspects.

[Sam Mullins]

Every single person identified by Cybercheck, and then Charged in Akron had been a non white suspect with an existing criminal record. So Don really pressed Mosher on this point, like, how did you teach this thing to weigh one suspect versus another? And Mosher would say, through the 51 criminal indicators, of course.

[Don Malarcic]

What. What is a criminal indicator? And some of the answers we got back were, well, you know, gang affiliation. And another answer was pornography.

[Sam Mullins]

So you're saying that if someone views pornography, they're more likely to rob a store at gunpoint. Don was lost.

[Don Malarcic]

Every time we would peel back a little bit of a layer, you'd get another question that would just make you go, what the fuck is he talking about? And I'd say, adam, what do you mean criminal indicators? I mean, who came up with the list of 51 criminal indicators? And the answer was basically him. So then I would say, well, how do you know that these criminal indicators predict a guilty person? And then he said something really weird. He said, well, the cases that I used, I knew the person was guilty. And I said, okay, Adam, tell me how you knew. Well, there was a conviction.

[Sam Mullins]

By the time the midweek weekend getaway with Mosher drew to a close, Don made clear to Adam the next step. Send me the cases you used to train your AI.

[Don Malarcic]

And he'd take notes, right? Oh, yeah, absolutely, Don. He would write down in his little notebook what he's going to get back to us. And then I would get back to my office and I would send him an email saying, hey, Adam, don't forget, I need the list of the 50 cases that you input into AI to show us how you came up with criminal indicators that only predict a guilty person. Absolutely, Don. You'll have it by Monday. And I knew damn well that we were never going to get that.

[Sam Mullins]

As Mosher disappeared back to Canada, while a part of Don still couldn't believe that he'd shown up, there was no spinning what this had been a big waste of time.

[Don Malarcic]

I absolutely 1000% believe when Adam got on the plane flying back to Canada and leaving Akron, Ohio, he thought, nailed it.

[Sam Mullins]

And so whether or not Mosher had created something useful to the world remained unclear. But one thing that was clear, he had created something useful to his world.

[Don Malarcic]

My impression was that he was just really desperate for validation. He absolutely needed for people here in Ohio to respect him, to appreciate him, and to validate him.

[Sam Mullins]

In Don's opinion, Moser was after something deeper.

[Don Malarcic]

This cyber check had become his thing, right? It was his crypto. It was his baby. And no matter how flawed it was, it was his and no one was ever going to take that away from him. And he just wanted people to realize the good that he was trying to do.

[Sam Mullins]

The follow up information Mosher promised Don never arrived. The hamster wheel kept going round and round with Mosher never seeming to be held accountable, the prosecutors defending cybercheck and the police continuing to use it. Don was running out of options. And there was one that he couldn't put off any longer.

[Don Malarcic]

We got to finish this dance, right?

[Sam Mullins]

It was time for Daubert. A Daubert hearing is the final boss in the game of keeping junk science and unqualified experts away from juries. The way that it works is the defense and prosecutors make their arguments, and the judge alone makes the ultimate call on whether the new science should be allowed in court or not. Like the first time DNA analysis was used on hairs found caught in a thief's ski mask, that had to go through a Daubert. Or when latent fingerprint identification was tested on a handwritten message, to catch a bank robber had to go through a Daubert. If a Daubert hearing ends with a ruling in your favor of your new technology, it sets a precedent for the science in very appealing way. But if the science doesn't pass in this case, cybercheck would go the way of brain fingerprinting or penile plethysmography. It would be thrown out as evidence and set a precedent for others.

[Don Malarcic]

We wanted a Daubert hearing. We did. The problem was we couldn't really prepare for a Daubert hearing without access to the software. I was being deprived of that, and I believed I was being deprived of it because that's the only way he could perpetrate the fraud.

[Sam Mullins]

It was risky business to stubbornly go forward with the hearing because Don didn't know if he had anything strong enough to sway a judge. As the Daubert approached, Don spent time looking back over everything he'd done to make sure there was nothing he'd missed or forgot to follow up on. And he was brought back to the question of CyberCheck's peer review, which was supposedly carried out by the University of Saskatchewan. Pursuant to the judge's order, Mosher had eventually sent over the 44 page study about his company. And Don's reaction to it was not unlike his reaction to every other document Mosier had sent him.

[Don Malarcic]

I'm looking at these attachments and I'm printing them and they don't make any fucking sense.

[Sam Mullins]

But one thing Don hadn't done was try to get in touch with the university itself to verify Mosher's claim. Sudan emails. The strange document that Adam sent him to the University of Saskatchewan and was like, what is this thing? When did you do a peer review study on Cybercheck? And a day later, they came right back. Dear Donald, the email begins, it is not correct to say it was peer reviewed. USASC was not involved in the creation of the document, nor did we create any content for the document, nor can we say conclusively what information the company used to create it.

[Don Malarcic]

I'm like, oh, my God, we got him. We have closed all the doors.

[Sam Mullins]

Don thought that this not only proved that Moshe was a fraud, but that he had perjured himself on the stand under oath. Don had been on a year long quest to find something about Cybercheck that people would care about. And he finally had it. Not only would this help him win the Daubert, he had something that would take Moser down.

[Don Malarcic]

There's nowhere for Adam Mosier to escape now. We had him.

[Sam Mullins]

Don frantically emailed his colleagues across the aisle, Adam Mosher lied under oath. If Cybercheck does what Mosher claims it does, why does he have to lie about it? With each typed word, he could see the finish line getting closer. He'd done it. He felt he'd won. And now this Daubert hearing couldn't happen soon enough.

[Don Malarcic]

Fuck this. We've been playing around for long enough. We've been doing this dance for 11 months. Let's go.

[Sam Mullins]

The prosecutors had parried everything Don had put to them. But this time would be different. Don was ready for any scenario for every possibility, except for the one that actually played out.

[Don Malarcic]

And I was like, oh, shit.

[Sam Mullins]

That's coming up on the Expert Witness.

[Marie]

And immediately it's like sirens going off. Alert, alert.

[Greg Kelly]

There's definitely some funny monkey business going on here.

[Marie]

There it is. Boat up.

[Sam Mullins]

You've been listening to the expert witness from CBC's uncover. The series is produced by RA for CBC. The show was written and hosted by me, Sam Mullins. Our producer is David Waters. The series was developed and reported by David Waters and Jessica Hatcher. Our editor is Veronica Simmons. Coordinating producer is Emily Kinnell. Mix by Garrett Tiedemann at raw. Deborah Dudgeon is the head of podcasts. The production executive is Leticia Kidza Souza. Special thanks to Emma Wood and Olivia Bouton. Additional audio from 19News 3News News 5, Cleveland, CBC News, WKYC, WSOCTV and WBRZ at CBC. The executive producers are Cecil Fernandez and Chris Oak. Tanya Springer is the senior manager and Arif Nurani is the director of CBC Podcasts. Tune in next week for an all new episode of the Expert Witness. Or you can listen ahead to the full series now by subscribing to CBC True Crime Premium on Apple Podcasts or by subscribing to the CBC True crime channel on YouTube. Links in the description. If you're looking for more investigations, check out CBC's the Con. Each season focuses on stories about scammers and con artists. It's a podcast all about exposing the art of deception. Find the Con wherever you get your podcasts. For more CBC Podcasts, go to CBC CA Podcasts.