Since they relied on the Federal Criminal Code--charging crimes--in making their case, it is appropriate that they be held to the burden of proof of beyond a reasonable doubt--the standard used in criminal cases.

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Defense lawyer Luciano Ghirga reminded the jury repeatedly Monday morning that the prosecution needed to prove its case "beyond a reasonable doubt" -- a standard he made a point of saying was rooted in Italian law and was not imported from America, in a nod to the nationalistic tensions that have sometimes seemed to underpin this case.

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Whether criminal charges ultimately emerge is usually a function of intent to defraud and whether the charges can be proven to the far higher criminal standard of beyond a reasonable doubt.

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The standard of proof would be beyond a reasonable doubt.

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The mortgage approval vetting process, the redundant documentation and verification requirements, and the proof-beyond-a-reasonable-doubt underwriting environment that is now the standard playbook in the mortgage lending universe far exceeds any rules the government could ever throw down.

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And if a criminal standard is going to be used here, it must be proven beyond a reasonable doubt.

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Terry was found not guilty in July but the FA found him guilty on 27 September, using the "balance of probabilities" as its standard of proof as opposed to the "beyond reasonable doubt" ruling used in a criminal trial.

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