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Ever wonder what makes a white-collar criminal tick? Why does she or he do what they do? Fraud auditors look behind and beyond the transactions and audit trail to focus on the substance of the transactions instead. Another difference is the current status of technical guidance combined with research on frauds.
Frauds can be divided into three main categories: 1 financial frauds, 2 asset misappropriations, and 3 corruption ACFE fraud tree, discussed in Chapters 2 and 3. Financial frauds are typically perpetrated by executive management and average millions of dollars in losses.
Generally speaking, therefore, financial frauds are likely to be material, and thus financial audit procedures have the potential to detect them—because they would be a material misstatement, due to a material fraud. Cynthia Cooper argues that at WorldCom she was thwarted from doing her job as internal auditor, but she eventually did uncover the financial fraud being perpetrated there.
Because of the scope of fraud, the fact that fraud occurs in a lot of different arenas, there are a lot of different groups who could benefit from the services of a forensic accountant. The increased business complexities in a litigious environment have enhanced the need for the forensic accounting discipline. It is possible to summarize the range of application into the following general areas: n Corporate investigations. Companies react to concerns that arise through a number of sources that might suggest possible wrongdoing initiated from within and without the corporate environment.
From the anonymous phone call or e-mail from disgruntled employees and third parties, these problems must be addressed quickly and effectively to permit the company to continue to pursue its objectives. More specifically, the forensic accoun- tant assists in addressing allegations ranging from kickbacks and wrongful dismissals to internal situations involving allegations of management or employee wrongdoing.
At times, a forensic accountant can meet with those persons affected by the allegations, rumors, or inquiries; they may view the accountant as an independent and objective party, and thus be more willing to engage in discussion. Litigation support includes assisting counsel in investi- gating and assessing the integrity and amount relating to such areas as loss of profits, construction claims, product liability, shareholder disputes, bankruptcies, and breach of contract.
Obviously, litigation support is initiated by an attorney responding to some kind of legal action, whether criminal or civil. Efforts to prevent white-collar crime have consistently used accountants and auditors in attempts to sort out, assess, and report on financial transactions related to allegations against individuals and com- panies in a variety of situations such as arson, scams, fraud e. In criminal matters, accountants and audi- tors as expert witnesses are increasingly important in court cases.
Give your confidence a boost, master your resources, and raise your self-awareness with proven psychological strategies and expert advice. Why does she or he do what they do? Total holds: 0. A Practical Introduction to Taxation Law Try adding this search to your want list. Includes bibliographical references and index. Lessons Learned on the Audit Trail.
The preparation and assessment of insurance claims on behalf of the insured and insurers may require the assistance of a forensic accountant to assess both the integrity and the quantum of a claim. The more significant areas relate to the calculation of loss arising from business interruption, fidelity bond, and personal injury matters.
Whereas certain of these cases require financial projections, many need historical analysis and other accounting and auditing-oriented services. Forensic accountants can assist enti- ties to achieve regulatory and contractual compliance by ensuring that companies follow the appropriate legislation, law, or contract terms.
Grant and subsidy investigations and public inquiries form a part of this service to government. Forensic Accountant: Required Knowledge, Skills, and Abilities Many of the aspects of forensic accounting fall outside the traditional educa- tion, training, and experience of auditors and accountants. Many times, the fraud investigation begins with minimal knowledge of the specifics of a potential fraud.
The forensic accountant needs to be able to identify the possible scheme i. Throughout the course of seeking evidence and informa- tion, the forensic accountant becomes involved in interviewing. For the forensic accountant, this function is another art to master. There are many things about interviewing, including what is the best order in which to interview parties of interest, that the forensic accountant must know.
Most important, the forensic accountant must be prepared to handle a confession in such a way that the process ensures the evidence is admissible in a court of law.
One of the critical success factors of forensic accountants, and one of the hardest to define or measure, is mind-set. A successful forensic accountant has a certain mind-set that includes several abilities. He or she is able to think like a crook. This attribute is basically counter to the average auditor who has lived a life with integrity and believes strongly in honesty. This person has a healthy skepticism at all times, neither fully trusting people nor fully distrusting them. They also know, and have, the following mind-set factors: n Fraud can be detected as well as discovered by accident or tip.
It requires innovative and creative thinking as well as the rigors of science. It is imperative that a forensic accountant understand the rules of evidence in court and how to conduct the investigation from the beginning as if all evidence will make it to a court of law. If these rules are ignored, evidence could be compromised and found inadmissible if it does get to court.
The forensic accountant must have the ability to clearly communicate the findings resulting from the investigation in a fashion understandable to the layperson. The presentation can be oral or written and can include the appropriate demonstrative aids. The role of forensic accountants in the witness box is the final test of the findings in a public forum. By its nature, however, accounting and financial infor- mation is difficult for the average person to comprehend. Therefore, the forensic accountant as an expert witness must have above-average communication skills in distilling financial information in a manner that the average citizen can understand, comprehend, and assess to reach a sound conclusion.
When the issues have been identified, it is imperative that further information and documentation be acquired to obtain further evidence to assist in either supporting or refuting the allegation or claim. It is a question of knowing not only where the relevant financial documentation exists but also the intricacies of GAAP, financial statement disclosure, and systems of internal control, and being aware of the human element involved in frauds.
Forensic accountants usually apply investigative skills at the appropriate time during the course of their investigations. For example, in dealing with criminal matters, the primary concern is to develop evidence around motive, opportunity, and benefit. Of equal concern is that the benefit of doubt is given to the other side to ensure that proper interpretations are given to the transactions. Other concerns, such as the question of method of operation and the issue of economic risk, must also be addressed. Similarly, investigative skills are needed in litigation support.
The forensic accountant must ensure that: a proper foundation exists for the calculation of future lost profits; all assumptions incorporated into the work product are recognized and identified; he understands his limitations as an expert; and the issue of mitigation of damages is considered. Along with their accounting knowledge, forensic accountants develop an investigative mentality that allows them to go beyond the bounds set out in either GAAP or GAAS.
The following three tenets in forensic accounting are driven by the necessity to prove intent in court in order to prove there was a fraud. The investigative mentality develops in the search for best evidence, for competent and sufficient evidence, for forensic evidence.
For example: n Scope is not restricted as a result of materiality. The investigative mentality is best developed by continued experi- ence as a forensic witness. When forensic accountants are presented with a situation generated by a complaint, allegation, rumor, inquiry, or statement of claim, it is important that they clearly identify the financial issues significant to the matter quickly. They base their decisions on experience and knowledge, and any resulting recommendations must reflect both common sense and business reality. For example, if documents are needed from a foreign jurisdiction, although the most obvious recom- mendation would be to obtain these records, it is usually not practical to do so.
Other alternatives must be considered. It is unusual for a transaction or a series of events to have only one interpretation. The forensic accountant must be extremely conscious of a natural bias that can exist in the interpretation process.
It is important that transactions be viewed from all aspects to ensure that the ultimate interpretation of the available information fits with common sense and the test of business reality. A proper interpretation of information can be assured only when one has looked behind and beyond the transaction in question without any scope limitations. In particular, a forensic accountant who is called as an expert witness must be aware of alternative accounting or financial formulas, rules, and interpretations.
FRAUD AUDITORS Just as forensic accountant services are needed by a variety of groups, fraud audits also have a number of groups who could potentially benefit from their services, although it is somewhat less in scope than forensic accountants. The scope is less because fraud audits involve only a limited phase of the fraud cycle. Who Needs Fraud Auditors? The need for fraud-auditing talent is not related solely to compliance with new governmental regulations.
Police authorities on the state and local levels have few audit resources at their disposal; as a consequence, their ability to investigate certain white-collar crimes is limited. There is a need for fraud auditing in both public and private sectors of the economy. Public accounting firms and other organizations in the private sector are developing fraud audit expertise. Although relatively few public accountants and internal auditors are specifically trained and experienced in this discipline, their numbers are rapidly increasing.
Fraud Auditor: Required Knowledge, Skills, and Abilities More broadly, fraud auditing focuses on creating an environment that encour- ages the detection, prevention, and correction of intended or executed fraud. The main thrust of this book is to provide auditors, investigators, and other persons in the fraud environment with the ability to establish and influence forces that effectively counter attempts at fraud. Ability comes from insight, knowledge, and experience in viewing fraud as an economic, social, and organizational phenomenon.
Fraud auditors should know the aspects of the common body of knowledge regarding fraud. That knowledge includes: fraud schemes, red flags and the ones associated with specific frauds, the fraud triangle, fraud research, emerg- ing fraud issues, steps in a fraud investigation, legal aspects of fraud especially evidence , fraud professional organizations, fraud certifications, behavioral characteristics of white-collar criminals, and so on. The fraud auditor, of course, needs to be able to apply that knowledge in the fraud environment. The personal attributes of fraud auditors include self-confidence, persist- ence, commitment to honesty and fair play, creativity, curiosity, an instinct for what is out of place or what is out of balance, independence, objectivity, good posture and grooming for courtroom testimony , clear communication, sen- sitivity to human behavior, common sense, and an ability to fit pieces of a puzzle together without force or contrivance.
Inevitably, accounting and investigative legal skills cross over and are inextricably tied together in the context of a forensic audit. As for accounting skills, an effective fraud auditor should be able to do the following competently: n Establish accounting, audit, and internal control when, where, and how fraud is most likely to occur in books of account and in financial statements. A couple of notes with regard to these skills should be made. Transactions are suspect if they are too high, too low, too often, too rare, too close, at odd times, in odd places, and so forth.
Beyond these skills that also relate to investigation, fraud auditors should be reasonably able to: n Verify compliance with regulatory, legal, and evidential matters how to discern, detect, and document such frauds.