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TheRoleofForensicAccountinginFraudInvestigationandLitigationSupport PDF
TheRoleofForensicAccountinginFraudInvestigationandLitigationSupport PDF
... IJ Rtl ..
",V
A Multidisciplinary Journal
EDITORS
Dr. R. O. Seweje
University of Ado-Ekiti, Ado-Ekiti
Dr. E. N. Mordi
,.Delta State University, Abraka
CONSULTING EDITORS
Prof. F.C. Okafor (UNIBEN)
, Prof. M.A. Mkpa (ABSU) .
Prof. G.C. Nzelibe (DELSU)
Prof. C.C. Okam (UNIJOS)
Abstract
Forensic accounting is the speciality practice area of accounting that
describes engagements that result from actual or anticipated dispute or
litigation. It provides an accounting analysis that is sustainable to the court
which will form the basis for discussion, debate and ultimately dispute
resolution. While certainly ideal for court testimony, in broad terms,
'forensic', is about fact finding and interpretation. The increase in number of
fraud and fraudulent activities in Nigeria and around the world has
emphasized the need for forensic accounting. Engagements of forensic
accountants on criminal matters typically arise as the aftermath of fraud.
Fraud examination in forensic accounting is di fferent from that of
'traditional accounting' because the forensic accountant has the intuitive
ability to analyze fraud. The aim or this paper is to identify the role of
forensic accounting in fraud investigations and litigation support and proffer
suggestions that will, hopefully, bring to public awareness the importance of
this area of accounting.
Introduction
Forensic accounting is the tripartite practice of utilizing accounting, auditing and investigative
skills to assist in legal matters. It is the speciality practice area of accounting that describes
engagements that result from actual or anticipated disputes or litigation. Forensic accounting is the
science that ideals with the relation and application of financial, accounting, tax and auditing
knowledge to analyze, investigate, inquire, test and examine matters in civic law, criminal law and
jurisprudence (http://www.pueleibowtz-andchickllc.col11/1 itigation .shtml). Forensic accounting can,
therefore, be seen as an aspect of accounting that is suitable for legal review, offering the highest level
of assurance and including the generally accounted connotation of having been arrived at in a
scientific fashion. (htt://www.edwardspub.com/journals/JFAlstudents.html.
Forensic accounting 'is the fastest growing area of accounting today. Despite the recent
spotlight, forensic accounting is not new. Its roots have been traced as far back as the early 1800's to
Glasgow, Scotland that, notwithstanding forensic accounting as a profession remained relatively
unknown until the plethora of high-profile corporate scandals and stricter reporting and internal
control regulations which brought to light its importance to the business world
(htt://www.norcrossgroup.com/forensicacct.html). Wallace (1991), opined that forensic accounting,
until recently, was usually hidden away in the investigation department, but in recent years, it has
emerged from the closet and become a recognized and growing source of income. Forensic
accounting is more than accounting ..... more than detective work ..... it's a combination that will be in
demand for as long as human nature exists (htt://www.forensic-accounting-infon11ation.com/).
The primary orientation of Forensic accounting is explanatory analysis (cause and effect) of
phenomena-including the discovery of deception (if any), and its effects - introduced into an
accounting system domain. The primary methodology employed by forensic accountants is objective
verification. Forensic accounting is focused, therefore, upon both the evidence of economic
transaction and reporting as contained within an accounting system and the legal framework which
allows such evidence to be suitable for the purpose(s) of establishing accounting and or valuation.
Accountability, in this context implies, application of strong financial and operational controls,
respect for the rule of law and application of high ethical standards.
The increase in the number of fraud and fraudulent activities in Nigeria and around the world
has been on alarming increase, emphasizing the visibility of forensic accounting services. Frauds are
acts of dishonest, deceit, falsifications and manipulations perpetrated to gain under monetary and or
non-monetary benefits. Ojaide (2000), stated that fraudulent practices include frauds and all other
illegal means of acquiring and possessing an asset to the disadvantages of another person. In
The Nigerian Academic Forum Volume J 7 No J November, 2009 39
Dr. Emma I. Okove and Akamobi, Ndidika L.
accounting, fraudulent activities are illegal acuvrties involving misappropriation of assets (cash,
stocks, bookdebts, fixed assets), and manipulation and falsification of accounting books and records,
etc. forensic accountants utilize an understanding of business information and financial reporting
systems, accounting and auditing standard and procedures, 'evidence gathering and investigative
techniques and litigation processes to perform their work. Some of their work include: investigating
and analyzing financial evidence, developing computerized application to assist in the analysis and
presentation of financial evidence, communicating their findings in the form of reports, exhibits, and
collection of documents, and assisting in legal proceedings, including testifying in court as an expert
witness and preparing visual aids to support trial evidence.
42
The Role of Forensic AccouIlti1lg in Fraud Illvestigation and Litigatioll Support
damages sustained by parties involved in legal disputes and can assist in resolving dispute even before
they reach the court room. Not every forensic accounting process ends up in the court of law.
However, if a dispute reaches the court room, the forensic accountant may testify as an expect
witness. Omoniyi (2004), stated that the function of an expert witness is to assist the court reach a
conclusion on matters on which the court itsel F may not have the necessary knowledge to decide.
What a forensic accountant can contribute to litigation will depend substantially on the circumstances
and the nature of each case.
Litigation consultants are usually engaged in legal action where financial information requires
critical analysis. It typically involves the forensic accountant being engaged by a lawyer to make an
assessment of financial losses involved. Engagements relating to civil disputes may fall into several
categories. Calculating and quantifying losses and economic damages, whether suffered through tort
or breach of contact, disagreement relating to company acquisitions-perhaps earn-outs or breach of
warranties and business valuation. Forensic accountants often assist in professional negligence claims
where they are assessing and commenting on the work of other professionals
(http://en.wikipedia.org/wiki/Forensic-accounting). Messier, Jr(1997), observed that there has been an
increase in litigation against auditors ill recent years. One reason lor such lawsuit is that auditors are
perceived as having 'deep pockets' and injured parties hope to recover some or all of their auditors.
In auditor malpractice suits a forensic accountant would be used to explain what audit procedures or
lack thereof, may have contributed to the company's misstatement
(http://www.norcrossgroup.colll/[orensciaccl.ltllll )
In summary, a forensic accountant can be of assistance in litigation support in the following
ways:
Assistance in obtaining the key document which should be made available as evidence. This
is very necessary in order to support or refute a claim
Review of the relevant documents in the initial assessment of the case III order to identify
possible and probable areas of loss.
Briefing council on the financial and accounting aspects of the case during pre-trial
preparation'
Advising lawyers during trials, particularly in relation to cross examination of the opposing
~pert. ,
Review of the opposing expert's damages report and reporting on both the strengths and
weakness of the position taken
Assistance in settlement discussions and negotiations.
Giving oral evidence at trial if the case must be settled in the court of law.
Recommendations
The following recommendations are made:
• There is need for the inclusion of forensic accounting in the syllabus of all the tertiary
institutional offering accountancy in Nigeria. Professional accountancy bodies should as well
include the course in their syllabus. This will help to create awareness of its importance
• Professional accountants, both in practice, private or public sectors should be trained and
retrained on the relevance of forensic accounting in Nigeria. They must be aware that they
might be summoned by court one day to defend any opinion given in their reports.
Forensic accountants should be trained as early as possible in order to obtain maximum
benefits. They can be retrained by the following groups. Lawyers, police force, insurance
companies, government regulatory bodies and Agencies, Banks, courts and business
community. Their assistance can, if trained early in the process, be significant in reducing the
overall cost and maximization of benefits.
Lastly, there is dearth of literature and texts on forensic accounting in igeria. This may be as
result of the fact that it is new area of study. All hands must be on deck to promote this area of
accounting profession which the use world report called one of the "20 hot job tracks of the future"
(11 Up:/ I finace. monster.co m/arti c Ies/f orens icacco LI n ti ng)
43
Dr. Emilia J. Okove ami Akamobi, Ndidika L.
Conclusion ••
Forensic accounting is the practice of utilizing accounting, auditing and investigative skills to
assist in legal matters. It is a specially practice area of accounting that describes engagements that
result from actual or anticipated disputes or litigation. It comprises litigation support, investigation
and dispute resolution. The increase in number of fraud and fraudulent activities in Nigeria and
around the world has emphasized the need for forensic accountants. The practice\al and in-depth
analysis a forensic accountant will bring to a case helps uncover trends that bring to light the relevant
issues. To this end therefore,
References
http://www:edwordpub.com/journals/JFA/students.htm I
http://www.forensic-accounting-informatioll.com/
http://www.sequence-inc.com/accounting/frauduidex.htm I
Messier, Jr, W.F (1997). Auditing: a systematic approach New York. Mcgraw- Hill publishers
Ojaide, F. (2000). Frauds detection and prevention: the case of pension accounts ICAN NEWS
January/March. P8
Omoniyi, S.O (2004). The emerging role of forensic accounting. The Nigerian accountant April/June
pp43-44
Wallace, P (1991). The role of the forensic accountant. Accountancy. November pIO
44