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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.
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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.
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Provision of opinions on general tax laws,
auditing and accounting practices in relation to specific matters
for use as expert evidence in a trial. |
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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 |
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Review of the accounting records of a company
to ascertain the reliability of the audited accounts and to
determine the true financial results. |
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Valuation of shares in a company for the
purposes of acquisition of the minority shareholdings following
disputes amongst shareholders. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Review of accounting records and analysis
of information for the purpose of quantifying the damages payable
arising from the infringement of copyrights/trade-marks. |
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Tracing of assets and acting as expert accountant
in matrimonial disputes. |
Year published : 2003
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