The Expert Witness

How did sports betting go from being illegal to being EVERYWHERE? The answer lies in the convergence of daily fantasy sports apps, a bombshell New York Times op-ed, and the potential of a multi-billion dollar payout. This episode of Understood: The Big Bet tells the story of how a pivotal Supreme Court ruling set the stage for one of the biggest scandals in sports history — one involving a Toronto Raptors bench player named Jontay Porter. 

Understood takes you deep inside the seismic shifts reshaping our world right now. From online porn and crypto chaos to the rise of tech oligarchs, deepfake AI, and the broken promises of the internet — we explore the stories that define our digital age with hosts and characters embedded in the heart of the action.

More episodes of The Big Bet are available wherever you get your podcasts, and here: https://link.mgln.ai/TBBxEW

The small city of Akron, Ohio was drowning in unsolved murders. Until one day something happened. 

And suddenly those cold cases? Started to get closed. A ground breaking Canadian AI technology was coming to the rescue. Tracking criminal behaviour to bring justice where humans had failed. But as the cases stack up, and charges are laid, two lawyers grow skeptical. Human cracks appear in the mysterious new tech. Can the doubters open up this black box and reveal its true workings, before it takes hold across the world? Hosted by Sam Mullins. From CBC's Uncover.

Sam Mullins looks into Cybercheck’s claimed “success stories” and finds they offer little proof of the tool’s reliability. One defense attorney benefited from a Cybercheck report that actually pointed to an alternative suspect, helping reduce charges against her client, while a prosecutor and paid Cybercheck consultant praised the technology despite never using it in court. Journalists’ extensive public records requests and outreach to law enforcement revealed widespread skepticism, failed tests, and unverifiable claims, with no confirmed example of Cybercheck solving a case. The episode also highlights the conviction of Salah Maddi, where Cybercheck testimony appeared to influence the jury despite weak corroborating evidence, raising concerns that unproven AI may have contributed to wrongful convictions. Ultimately, the investigation concludes that Cybercheck has consumed investigators’ time, influenced prosecutions, and spread widely—despite a lack of transparency or clear evidence that it reliably delivers justice.

Mosher explains that his Cybercheck technology was built to analyze open-source internet data using AI to generate investigative “intelligence,” not courtroom evidence. Mosher admits the company failed early on to clearly communicate those limits, allowing prosecutors to use Cybercheck as evidence, and he acknowledges the risks of relying on AI without independent verification. However, he defends the system’s value, denies wrongdoing, and attributes criticism to misunderstandings and aggressive defense attorneys. Despite mounting doubts—including inconsistencies in his claims, refusal to share source code, and questions about peer review—Mosher insists Cybercheck remains useful to law enforcement, while the interview leaves unresolved concerns about its reliability, transparency, and continued use. Mosher tells Sam he needs to speak to the people behind the curtain who are having success with it.

In Midland, Texas, prosecutor Lisa Borden took a different approach with Cybercheck. After closely questioning Adam Mosher and finding Cybercheck lacked peer review and proper authentication, she refused to use it in court, concluding the technology was not scientifically reliable. Sam Mullins’ gets to sit down with Cybercheck creator Adam Moser. Mosher tells him his backstory as a movie buff. He explains that the technology was inspired by crime TV and movies and built with the help of government grants and technology students. And then just as COVID hit, Moser says, Cybercheck started reaching out to its first potential clients. But he wasn’t prepared for what happened next.

Cybercheck has spread across the U.S. through aggressive cold-email marketing, word of mouth, and partnerships with law enforcement agencies eager to solve cold cases. Journalist Todd Feathers uncovers questionable claims in Cybercheck reports, including supposed access to dark web accounts and the ability to retroactively place phones at crime scenes decades earlier. Despite producing few verifiable results, respected agencies like Ohio’s Bureau of Criminal Investigation still promoted the tool to other departments, helping expand its reach. Is there anyone willing to put this tech under the necessary scrutiny? Maybe in West Texas. 

Prosecutors privately begin questioning Adam Mosher’s false peer review claims, while defense attorney Don Malarcik uncovers evidence that Cybercheck reports were manually edited—contradicting claims that the system was fully automated. As the critical Daubert hearing approaches, prosecutors abruptly withdraw Cybercheck as evidence rather than defend it in court, effectively ending its use in Summit County without admitting wrongdoing. National reporting and expert analysis further undermine the technology’s credibility, comparing it to unsupported pseudoscience. But despite Cybercheck being abandoned locally and Mosher facing investigation, Don realizes the tool has silently continued to spread across the country and raises troubling questions about how easily unproven technology can influence the justice system.

Don Malarcik might finally uncover how Cybercheck works, as its creator Adam Mosher travels to Ohio to demonstrate the software to Don’s legal team and independent experts. While parts of the program appear functional, its core AI remains hidden, and Mosher refuses to provide full access or explain how it reaches conclusions that place suspects at crime scenes. His answers raise concerns about bias, and when he claims Cybercheck was peer-reviewed by a Canadian university, Don discovers the university denies any involvement. Believing this proves Mosher misled the court, Don prepares for a decisive hearing that could determine whether Cybercheck is legitimate evidence—or junk science.

As Don connects with Colorado defense attorney Eric Zale, they compare notes and troubling inconsistencies emerge—Adam Mosher’s claims about his experience, expertise, and courtroom testimony don’t hold up under scrutiny. Investigators discover that key cases Mosher cited either never went to trial or never involved him at all, leading prosecutors in Colorado to drop charges rather than rely on his evidence. But in Akron, Cybercheck remains in use, and Mosher continues testifying under oath despite mounting doubts. Determined to stop what he believes is a dangerous and unverified system, Don launches a broader effort, reaching out to other defense attorneys and building a coalition to expose the truth—knowing the outcome could affect not just his clients, but the future of criminal justice itself.

In the ‘parallel universe’ of Boulder Colorado, defense attorney Eric Zale is working on a very similar case. A report claims to link a suspect to incriminating online activity, but offers no clear explanation of how it works or how its conclusions were reached. Unaware of Zale or any other Cybercheck cases outside of Akron, Don Malarcik continues to dig deeper. Don hires experts and investigators, but no one can verify Cybercheck’s methods or it’s creator Adam Mosher’s credentials. Meanwhile, prosecutors continue relying on the technology, presenting it as powerful, cutting-edge evidence. As Don prepares to challenge Mosher in court, he realizes he’s not just defending one client—he’s confronting a black-box system that could quietly reshape how guilt is determined, without transparency or accountability.