There has been at least one case in the past where a CFI was riding in
the back seat and was still held to be liable due to having the highest
rating...
The FAA and NTSB is not above lieing and cheating and using someone for
a scapegoat if it suits their interest... Just look at the Moussai
trial where an FAA attorney has just now tainted witnesses by briefing
them on prior testimony that they were not entitled to know... Typical
of the FAA/NTSB

denny