Forensic accounting, forensic accountancy or financial forensics is the specialty practice area of
accounting
Accounting, also known as accountancy, is the process of recording and processing information about economic entity, economic entities, such as businesses and corporations. Accounting measures the results of an organization's economic activit ...
that investigates whether firms engage in
financial reporting misconduct,
or financial misconduct within the workplace by employees, officers or directors of the organization.
Forensic accountants apply a range of skills and methods to determine whether there has been financial misconduct by the firm or its employees.
History
Forensic accounting was not formally defined until the 1940s. Originally
Frank Wilson is credited with the birth of forensic accounting in the 1930s.
When Wilson was working as a CPA for the US Internal Revenue Service, he was assigned to investigate the transactions of the infamous gangster
Al Capone. Capone was known for his involvement in illegal activities, including violent crimes. However it was Capone's federal income tax fraud that was discovered by forensic accountants. Wilson's diligent analysis of the financial records of Al Capone resulted in his indictment for federal income tax evasion. Capone owed the government $215,080.48 from illegal gambling profits and was found guilty of tax evasion for which he was sentenced to 10 years in federal prison. This case established the significance of forensic accounting.
Application area
Forensic accountants are necessary for a variety of reasons. They can be useful for criminal investigations, litigation support, insurance claims, and corporate investigations.
Financial forensic engagements may fall into several categories. For example:
*
Economic damages calculations, whether suffered through
tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
or
breach of contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other part ...
;
* Post-acquisition disputes such as
earnouts or breaches of
warranties;
*
Bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...
,
insolvency
In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
, and
reorganization
A corporate action is an event initiated by a public company that brings or could bring an actual change to the debt securities— equity or debt—issued by the company. Corporate actions are typically agreed upon by a company's board of dire ...
;
*
Divorce settlement
*
Securities fraud
Securities fraud, also known as stock fraud and investment fraud, is a deceptive practice in the stock or commodities markets that induces investors to make purchase or sale decisions on the basis of false information.[Tax fraud
Tax evasion or tax fraud is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trust (property), trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax au ...]
;
*
Money laundering
Money laundering is the process of illegally concealing the origin of money obtained from illicit activities (often known as dirty money) such as drug trafficking, sex work, terrorism, corruption, and embezzlement, and converting the funds i ...
;
*
Business valuation
Business valuation is a process and a set of procedures used to estimate the economic value of an owner's interest in a business. Here various valuation techniques are used by financial market participants to determine the price they are willing ...
;
*
Credit card fraud;
*
Skimming;
*
Computer forensics/
e-discovery; and
*
Fraud risk assessments under
SOX 404 or otherwise.
Forensic accountants
Forensic accountants, investigative accountants or expert accountants may be involved in recovering proceeds of serious crime, and provide evidence to confiscation proceedings concerning actual or assumed proceeds of crime or
money laundering
Money laundering is the process of illegally concealing the origin of money obtained from illicit activities (often known as dirty money) such as drug trafficking, sex work, terrorism, corruption, and embezzlement, and converting the funds i ...
. In the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, relevant legislation is contained in the
Proceeds of Crime Act 2002. Forensic accountants typically hold the following qualifications;
Certified Forensic Accounting Professional ertified Forensic Auditors(CFA - England & Wales) granted by the
Forensic Auditors Certification Board of England and Wales (FACB),
Certified Fraud Examiners (CFE - US / International),
Certificate Course on Forensic Accounting and Fraud Detection (FAFD) by
Institute of Chartered Accountants of India (ICAI),
Certified Public Accountant
Certified Public Accountant (CPA) is the title of qualified accountants in numerous countries in the English-speaking world. It is generally equivalent to the title of chartered accountant in other English-speaking countries. In the United Stat ...
s (CPA - US) with
AICPA
The American Institute of Certified Public Accountants (AICPA) is the national professional organization of Certified Public Accountants (CPAs) in the United States, with more than 428,000 members in 130 countries. Founded in 1887 as the Americ ...
's
ertified in Financial Forensics est. 2008(CFF) Credentials,
Chartered Accountants (CA - Canada),
Certified Management Accountant
Certified Management Accountant (CMA) is a professional certification credential in the management accounting and financial management fields. The certification signifies that the person possesses knowledge in the areas of financial planning, ana ...
s (CMA - Canada),
Chartered Professional Accountant
Chartered Professional Accountant (CPA; ) is the professional certification, professional designation which united the three Canadian accounting designations that previously existed:
:* Canadian Institute of Chartered Accountants, Chartered Acc ...
s (CPA - Canada),
Chartered Certified Accountants (CCA - UK), or
Certified Forensic Investigation Professionals (CFIP). In India there is a separate breed of forensic accountants called Certified Forensic Accounting Professionals.
The Certified Forensic Accountant (CRFAC) program from the American Board of Forensic Accounting assesses Certified Public Accountants (CPAs) knowledge and competence in professional forensic accounting services in a multitude of areas.
Forensic accountants may be involved in both litigation support (providing assistance on a given case, primarily related to the calculation or estimation of economic damages and related issues) and investigative accounting (looking into illegal activities). The American Board of Forensic Accounting was established in 1993.
Large accounting firms often have a forensic accounting department. All of the larger accounting firms, as well as many medium-sized and boutique firms and various police and government agencies have specialist forensic accounting departments. Within these groups, there may be further sub-specializations: some forensic accountants may, for example, specialize in
insurance
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect ...
claims,
personal injury claims,
fraud
In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
,
anti-money-laundering,
construction
Construction are processes involved in delivering buildings, infrastructure, industrial facilities, and associated activities through to the end of their life. It typically starts with planning, financing, and design that continues until the a ...
, or
royalty audit
An audit is an "independent examination of financial information of any entity, whether profit oriented or not, irrespective of its size or legal form when such an examination is conducted with a view to express an opinion thereon." Auditing al ...
s. Forensic accounting used in large companies is sometimes called financial forensics.
The role of the forensic accountants differ from what auditors do.
Forensic accountants are involved with investigating and analyzing the factual information brought about by the crime, whereas auditors handle the gross financial statements.
Auditors detect financial deficiencies that need to be corrected, and they give suggestions to investors, based on their professional opinion, on the reliance of financial statements.
Forensic accountants examine evidence of criminal offences and through this evidence, make efforts to improve the processes adopted by those affected.
Though audits and forensic accounting investigations have their differences, they share a couple similarities; both require knowledge of the practices and processes possessed by the business and the general accounting principles concerned with the particular situation, and they both require the ability to interpret financial documents and be objective and impartial.
Forensic accountants combine knowledge of the law with their accounting skills. They can assess companies, and help companies resolve issues. This can help companies prevent corruption, fraud, embezzlement, etc. As with all accounting professionals, forensic accountants performing an audit of a company should remain neutral. Large companies mainly use forensic accountants when performing audits; however, there are other uses for forensic accountants in companies. Forensic accountants often assist in professional
negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances.
Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a neg ...
claims where they are assessing and commenting on the work of other professionals. Forensic accountants are also engaged in
marital and family law, analyzing lifestyle for spousal support purposes, determining income available for child support, and equitable distribution of marital assets.
Forensic accounting and fraud investigation methodologies are different than internal auditing. Thus forensic accounting services and practice should be handled by forensic accounting experts, not b
internal auditingexperts. Forensic accountants may appear on the crime scene a little later than fraud auditors; their major contribution is in translating complex financial transactions and numerical data into terms that ordinary laypersons can understand, because if the fraud comes to trial, the jury will be made up of ordinary laypersons. On the other hand, internal auditors investigate using checklists and techniques that may not surface the types of evidence that the jury or regulatory bodies look for in proving fraud. Forensic investigation fieldwork may carry legal risks and consultant malpractice risks i
internal auditingchecklists are used, rather than the specialized skills of forensic accounting.
The fraud cycle describes the process which is taken by those in order to conduct a fraud.
It begins with planning the actions of the fraud, which is then followed by the actual commitment of the act, ending with the conversion of the assets to cash.
The main goal of Forensic accountants is to determine whether financial crime has been committed, and if so, to what extent. They are often used as expert witnesses to assist the judge or jury in forming the verdict.
It is important that forensic accountants possess skills such as microeconomics, cost-center accounting systems, coming up with conclusions with little data, report writing, research skills and interview skills.
This process can employ one or more of the following techniques: review of
Public records; background investigations; interviews of knowledgeable parties; analysis of
Real evidence to identify possible
Forgery
Forgery is a white-collar crime that generally consists of the false making or material alteration of a legal instrument with the specific mens rea, intent to wikt:defraud#English, defraud. Tampering with a certain legal instrument may be fo ...
and/or document alterations;
Surveillance
Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing, or directing. This can include observation from a distance by means of electronic equipment, such as ...
and inspection of business premises; analysis of individual
Financial transaction
A financial transaction is an Contract, agreement, or communication, between a buyer and seller to exchange goods, Service (economics), services, or assets for payment. Any transaction involves a change in the status of the finances of two or mo ...
s or statements; review of
Business record
A business record is a document (hard copy or digital) that records an "act, condition, or event" related to business. Business records include meeting minutes, memoranda, employment contracts, and accounting source documents.
It must be retrie ...
s to identify fictitious vendors, employees, and/or business activities, or interrogation of suspects, questioning of witnesses or victims.
Forensic accountants are also increasingly playing more proactive risk reduction roles by designing and performing extended procedures as part of the statutory audit, acting as advisers to audit committees,
fraud deterrence engagements, and assisting in investment analyst research.
Methods
Forensic accounting combines the work of an
auditor
An auditor is a person or a firm appointed by a company to execute an audit.Practical Auditing, Kul Narsingh Shrestha, 2012, Nabin Prakashan, Nepal To act as an auditor, a person should be certified by the regulatory authority of accounting an ...
and a public or private
investigator. Unlike auditors whose goal is focused on finding and preventing errors, the role of a forensic accountant is to detect instances of fraud, as well as identify the suspected perpetrator of the fraud.
Some of the most common types of fraud schemes include overstating revenues, understating liabilities, inventory manipulation, asset misappropriation, and bribery/corruption. To discover these, forensic accountants apply a variety of techniques.
Forensic accounting methods can be classified into quantitative and qualitative. The qualitative approach studies the personal characteristics of the individuals behind financial fraud schemes. A popular theory of fraud revolves around the fraud triangle, which classifies the three elements of fraud as perceived opportunity, perceived need (pressures), and rationalization. This theoretical construct was first articulated by behavioral scientist
Donald Cressey. More recently, forensic accountants have gone beyond incentive effects and focused on behavioral characteristics, a branch of accounting known as accounting, behavior and organizations, or
organizational behavior
Organizational behavior or organisational behaviour (see American and British English spelling differences, spelling differences) is the "study of human behavior in organizational settings, the interface between human behavior and the organiza ...
. Certain predictive factors, like being labeled as “narcissistic” or committing adultery, are common traits among fraud perpetrators.
These characteristics are often not conclusive enough on their own to identify the culprit, but can help forensic accountants to narrow down a suspect list, sometimes based on behavioral or demographic factors.
The quantitative approach focuses on financial data information and searches for abnormalities or patterns predictive of misconduct.
Today, forensic accountants work closely with data analytics to dig through complex financial records. Data collection is an important aspect of forensic accounting because proper analysis requires data that is sufficient and reliable. Once a forensic accountant has access to the relevant data, analytic techniques are applied. Predictive modeling can detect potentially fraudulent activities, entity resolution algorithms and social network analytics can identify hidden relationships, and
text mining allows forensic accountants to parse through large amounts of unstructured data quickly. Another common quantitative forensic accounting method is the application of
Benford's law. Benford's law predicts patterns in an observed set of accounting data, and the more the data deviates from the pattern, the more likely that the data has been manipulated and falsified.
Analytical techniques
Forensic accountants utilize an understanding of
economic theories
Economics () is a behavioral science that studies the production, distribution, and consumption of goods and services.
Economics focuses on the behaviour and interactions of economic agents and how economies work. Microeconomics analys ...
,
business information
Business intelligence (BI) consists of strategies, methodologies, and technologies used by enterprises for data analysis and management of business information. Common functions of BI technologies include reporting, online analytical processing, ...
,
financial reporting
Financial statements (or financial reports) are formal records of the financial activities and position of a business, person, or other entity.
Relevant financial information is presented in a structured manner and in a form which is easy to un ...
systems, accounting and auditing standards and procedures,
data management
Data management comprises all disciplines related to handling data as a valuable resource, it is the practice of managing an organization's data so it can be analyzed for decision making.
Concept
The concept of data management emerged alongsi ...
&
electronic discovery,
data analysis techniques for fraud detection,
evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
gathering and investigative techniques, and litigation processes and procedures to perform their work.
When detecting fraud in public organizations accountants will look in areas such as billing, corruption, cash and non-cash asset misappropriation, refunds and issues in the payroll department. To detect fraud, companies may undergo management reviews, audits (both internally and externally) and inspection of documents.
Forensic accountants will often try to prevent fraud before it happens but searching for errors and in-precise operations as well as poorly documented transactions.
The process begins with the forensic accountant gathering as much information as possible from clients, suppliers, stakeholders and anyone else involved in the company. Next, they will analyze financial statements in order to try and find errors or mistakes in the reporting of those financial statements as well as they will analyze any background information provided. The next step involves interviewing employees in order to try and find where the fraud may be occurring. Investigators will look at company values, performance reviews, management styles and the overall structure of the company. After this is complete the forensic accountant will try to draw conclusions from their findings.
See also
*
Benford's law
*
Certified Fraud Examiner
*
Association of Certified Fraud Examiners
References
External links
International Institute of Forensic Investigation Professionals IncAssociation of Certified Fraud ExaminersCertified in Financial ForensicsForensic Accountants, Forensic Accounting Certifications, and Due Diligence
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Accounting, also known as accountancy, is the process of recording and processing information about economic entity, economic entities, such as businesses and corporations. Accounting measures the results of an organization's economic activit ...
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