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Forensic Accounting

In the liquidation of the failed Bank of Credit and Commerce International (BCCI), forensic accountants were called in to locate and verify the existence of assets as well as trace the movement of money all over the world. Forensic accountants were also employed in the investigation of the finances of Robert Maxwell's publishing empire to trace assets and identify movements of money. In the now famous Barings saga, the forensic accounting team was asked to reconstruct the facts and investigate the causes of the collapse. The case resulted in the jailing of Nick Leeson in Singapore.

Leading accounting firms are increasingly offering specialist services in what is often termed "litigation support" or "forensic accounting". These services call for, inter alia, a combination of audit, accounting, taxation, investigation and consulting skills. Forensic accounting is a separate discipline from that of auditors, tax accountants and liquidators. A forensic accountant typically combines a professional accounting background with an appreciation and understanding of the practicalities and intricacies involved in litigation.

In times of economic growth, business transactions become more complex and intricate. In times of an economic slowdown or crisis, the incidence of financial irregularities, fraud, disputes and loss of profits increases. In both cases, an environment is created where commercial crime or misappropriation increases in scope and complexity and the incidence of litigation increases as a result. With this comes the need for forensic accountants to unravel the complexities and present the cases in a manner that is understood by the courts and relevant parties.

Forensic accounting services can be broadly divided into the following areas:

The Provision Of Expert Opinions
A forensic accountant typically provides expert opinions on the quantification, evaluation and assessment of the loss of profits or earnings or damages arising from breach of contracts or matrimonial disputes. He may also be called upon to provide an independent and impartial opinion in disputes involving the interpretation of technical or commercial issues.

In litigation or arbitration where both sides often engage their own expert accountants to assist in their cases, the forensic accountant is often involved in forming strategies for the cases and suggesting lines of investigation for lawyers. He may also be called upon to critically analyse other expert reports and provide his opinion thereon.

Fraud Investigations And Prevention
Most fraud investigations are never the same, requiring the forensic accountant to have an investigative mentality, to be imaginative and to think laterally. In effect, he has to put himself in the mind of the person who has perpetrated the fraud. Besides, a significant amount of planning has to be done in order to identify important and significant areas for investigation. The discovery and analysis of financial and other information has to be systematic and properly managed as often, this involves a large volume of documents. Conclusions have to be based on sound reasoning derived from the evidence uncovered.

A forensic accountant sifts through, discovers, dissects and analyses financial and other information in order to uncover accounting tricks or financial irregularities to inflate or deflate results. He may also reconstruct financial statements and information where business records have been lost or destroyed either intentionally or accidentally.

As in the provision of expert opinions, the forensic accountant is often involved in formulating the strategies for such fraud investigations.

Forensic accountants may also be called upon to identify areas of risks in a business including an assessment of the existing controls and providing recommendations as to how improvements can be made. Such reviews are like health checks. Frauds are more likely to be committed where controls are weak rather than when absent.

Acting As Independent Valuers, Mediators Or Arbitrators
When there is a dispute in valuations, the area of dispute normally can be narrowed down to one or a few technical points. The expertise of a forensic accountant is often invaluable in the resolution of differences or in mediating between the disputing parties.

Some specific examples
Listed below are more examples of the kind of work undertaken by forensic accountants. These cases are culled from the files handled by Chio Lim & Associates.

Preparation of an expert report in respect of criminal charges brought upon an individual for criminal breach of trust. This report was used in the individual's defence.
Provision of opinions on general tax laws, auditing and accounting practices in relation to specific matters for use as expert evidence in a trial.
Investigation on the alleged misappropriation, irregularities and false accounting practices by a director of a company and the provision of an expert report in order to assist in the prosecution of this director
Review of the accounting records of a company to ascertain the reliability of the audited accounts and to determine the true financial results.
Valuation of shares in a company for the purposes of acquisition of the minority shareholdings following disputes amongst shareholders.
Review of the accounting records of a company and the preparation of an expert report for the purpose of quantification of a director's share of profits in the company.
Investigation into the accounting records of a company as a consequence of a dispute between directors and the provision of an expert report to comment on allegations made against the directors.
Investigation into the accounting records of a partnership to determine the validity of transactions that had an impact on a partner's share of equity in and partnership income of the partnership and a recomputation of these.
Investigation into the accounting records of a partnership as a result of alleged misappropriation and false accounting practices perpetrated by a manager in this partnership and the provision of an expert report in order to assist in the prosecution of this manager.
Critical analysis of another expert's report in respect of the computation of loss of profits and the provision of expert opinions on areas of differences.
Review of accounting records and analysis of information for the purpose of quantifying the damages payable arising from the infringement of copyrights/trade-marks.
Tracing of assets and acting as expert accountant in matrimonial disputes.

Year published : 2003


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