How is Fraud Defined?
Fraud is a deception perpetrated for
the intent of personal or financial gain: a lie told and acted upon for profit.
The law segregates fraud into four
sections:
1. Misstatements and Omissions: misrepresentation of a fact
2. Scienter: an awareness that the misrepresentation exists; deliberate and willful disregard of the truth.
3. Reliance: the person acting on the misrepresentation has relied on in.
4. Damages: the victim has suffered financial damage due to the above three.
1. Misstatements and Omissions: misrepresentation of a fact
2. Scienter: an awareness that the misrepresentation exists; deliberate and willful disregard of the truth.
3. Reliance: the person acting on the misrepresentation has relied on in.
4. Damages: the victim has suffered financial damage due to the above three.
There are two kinds of fraud:
· Retail Fraud: misappropriation of merchandise, assets or money
· Wholesale Fraud: fraud perpetrated through financial statements
To combat fraud, corporations and
government have put safeguards in place on broad and local levels:
Legal Safeguards
· Standards set for the corporation
· Regulations in the market
· Utilization of evolving technologies
Local and In-House Safeguards
· Corporate board of directors
· Outside Auditors
· Specialized Analytics
· Legal professionals
Among the local and in-house
safeguards, corporations employ the use of auditors and forensic investigators
who are tasked with finding any misrepresentations, should they exist. For
auditors, the task is more simple. They analyze data to ensure there are no
discrepancies. In the event of a discrepancy, they generally do not
investigate, but turn the information over to forensic accountants.
What is Forensic Accounting?
Forensic accounting, in its simplest
form, is the use of accounting to analyze financial records and information for
the investigation of possible embezzlement and fraud.
The Role of Forensic Accountants
Forensic accountant investigators
will investigate thoroughly, following only the factual information gleaned
from documentation and testimonies by all involved parties. It is the forensic
accountants that determine the extent, if any, of loss or damage and make
suggestions on avoidance and deterrence in the future. These suggestions can be
utilized as testimony before government agencies as well as in litigation.
It has been said that the roles of
auditors is like that of a policeman: someone that finds the problem and turns
it over to one with more authority. Forensic accountants have been likened to
detectives, the ones authorized to find the source of the fraud once a problem
has been found.
Forensic accountants can be called on
for use in multiple situations:
·
Economic losses within an organization
·
Fraud investigations into employee bases
·
Insurance claims and situations that interrupt the flow of
business
·
Professional negligence
·
Disputes between shareholders and partnerships
·
Mediation and/or arbitration
In these situations, forensic
accountants are called upon to examine and investigate. Upon concluding an investigation,
they will put their findings into exhibits, reports and/or a collection of
documents that display or illustrate the findings as proof of fraud. This is
helpful in exposing any form of criminal activity and outlining how the fraud
was perpetrated but it is also legal documentation that can be presented in
court.
Corporations have used the services
of forensic accountants to uncover criminal activities of embezzlement, fraud,
money laundering and the concealment of debt and assets.
Once fraud is found, forensic
accountants can be called upon as expert witnesses for testifying in court on
civil or criminal litigation. They can also be called upon to appear for
pretrial depositions, requiring a degree of education and knowledge of legal
procedures and concepts.
Educational Requirements of a Forensic Accounting Investigator
This type of investigator requires
having a master's degree in the business sciences or in accounting. They can
also have a background in CPA, certified public accounting. They may also be
required to have certification as a CFE, or certified fraud examiner.
Forensic accounting investigators can
also obtain certification in Certified Financial Forensics, a certification
that is recognized.
Meeting With a Forensic Accounting Investigator
For corporations that want or need
the benefit that forensic accountants provide, the services of an accounting
firm may be in order. An accounting firm can provide forensic accounting
services, among others, such as tax preparation and business valuations.
These services have been utilized in
saving corporations money, in the avoidance of fraud based activities within
the firm and in helping corporations comply with state and federal regulations.
Accounting firms have also been utilized in sparing corporations from legal
repercussions by providing the means to find and eradicate fraud from within.
At the initial meeting, forensic
accountants will interview clients:
·
To discern issues, problems and concerns
·
For separation of facts for investigative purposes
·
Identify involved parties and the issues that have arisen
·
Check for conflict and discrepancies among involved parties
·
Perform an initial investigation
·
Develop a plan of action.
The forensic accountants will uncover
evidence of wrong-doing, perform an in-depth analysis and prepare their
findings to report to the client. In some cases, investigations have led to
finding and recovering stolen money and assets. In addition, the presence of
forensic investigators has been known to deter further theft and fraud. In this
way, the work of forensic accounting investigators has helped save money and
assets that would have been unrecoverable otherwise.
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