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01-Vol I - Forensic Accounting and Financial Statement Fraud PDF
01-Vol I - Forensic Accounting and Financial Statement Fraud PDF
REZAEE
THE BUSINESS
EXPERT PRESS Financial Statement Fraud, and Taxation Collection
DIGITAL LIBRARIES Volume I Mark S. Bettner, Michael P. Coyne, and Roby Sawyers, Editors
Forensic
BUSINESS STUDENTS
Curriculum-oriented, born- Zabihollah Rezaee
digital books for advanced The existence and persistence of high profile alleged financial
Accounting
business students, written statement fraud (FSF) have negatively affected the safety and
by academic thought soundness of financial markets and investors confident in public
leaders who translate real- financial information. Forensic accounting has advanced as an
and Financial
world business experience important and rewarding field of accounting to prevent, detect
into course readings and and correct FSF. There has been significant demand for and in-
Statement Fraud,
investigation and litigation services.
students expecting to tackle
The first volume addresses the relevance and importance of for-
management and leadership
ensic accounting and fraud examination as well as the framework
challenges during their
Volume I
and structure of forensic accounting practices. The author pres-
professional careers. ents an introduction to forensic accounting and financial state-
POLICIES BUILT ment fraud examination and their relevance and importance to
businesses, financial markets, economies and society. Also dis-
BY LIBRARIANS
• Unlimited simultaneous
usage
cussed is forensic accounting opportunities, skills, and services;
forensic accounting profession; and professional responsibilities
and codes of conduct for forensic accountants. Finally, forensic ac-
Fundamentals of
Forensic Accounting
• Unrestricted downloading counting best practices, education, and research are touched on.
and printing
• Perpetual access for a Dr. Zabihollah (Zabi) Rezaee, PhD, CPA, CMA, CIA, CFE, CGFM,
one-time fee CSOXP, CGOVP, CGRCP, CGMA and CRMA, is the Thompson-Hill
• No platform or Chair of Excellence, PhD coordinator and professor of accountan-
maintenance fees cy at the University of Memphis. He also served a two-year term
• Free MARC records on the Standing Advisory Group of the Public Company Account-
ing Oversight Board (PCAOB). He received his BS degree from the
• No license to execute
Iranian Institute of Advanced Accounting, his MBA from Tarleton
The Digital Libraries are a State University in Texas, and his PhD from the University of
comprehensive, cost-effective Mississippi. Dr. Rezaee holds ten certifications, including certi-
way to deliver practical fied public accountant (CPA) and certified fraud examiner (CFE).
treatments of important
business issues to every
He served as the 2012–2014 secretary of the Forensic Account-
ing Section of the American Accounting Association (AAA) and
Zabihollah Rezaee
is currently the editor of the Journal of Forensic Accounting Research
student and faculty member. (JFAR). Professor Rezaee has published over 220 articles and made
more than 240 presentations, written 11 books including the two
books on Corporate Governance and Audit Committees published
by the Business Expert Press. He has testified before the Federal
For further information, a Courts as the expert witness.
free trial, or to order, contact:
Financial Accounting, Auditing
and Taxation Collection
Mark S. Bettner, Michael P. Coyne, and Roby Sawyers, Editors
Forensic Accounting
and Financial Statement
Fraud, Volume I
Forensic Accounting
and Financial Statement
Fraud, Volume I
Fundamentals of Forensic
Accounting
Zabihollah Rezaee
Forensic Accounting and Financial Statement Fraud, Volume I: Fundamentals
of Forensic Accounting
Copyright © Business Expert Press, LLC, 2019.
10 9 8 7 6 5 4 3 2 1
Keywords
forensic accounting; financial statement fraud; fraud examination; expert
witnessing; litigation consulting; skill sets of forensic accountants; pro-
fessional standards; codes of professional conduct; fraud and non-fraud
forensic accounting services; forensic accounting research; forensic
accounting education
Contents
Preface...................................................................................................ix
Acknowledgments....................................................................................xi
Chapter 1 An Introduction to Forensic Accounting............................1
Chapter 2 Forensic Accounting Services and Skills............................25
Chapter 3 Forensic Accounting Profession........................................43
Chapter 4 Forensic Accounting Guidelines and Standards................65
Chapter 5 Forensic Accounting Practices, and Education and
Research...........................................................................91
About the Author.................................................................................127
Index..................................................................................................129
Preface
Financial statement fraud (hereafter, FSF) is a severe threat to investor
confidence in financial information and thus capital markets. Reported
financial scandals by high-profile companies (Enron, Global Crossing,
Qwest, WorldCom, Parmalat) and ethical debacles in corporations have
eroded investor confidence and public trust in corporate America, its cor-
porate governance, financial reporting, and audit functions. These scan-
dals and related FSF reinvigorated interest in education and practice of
forensic accounting and financial statement fraud examination. Forensic
accounting is gaining considerable attention because the American Ac-
counting Association (AAA) has added a new educational and research
section on “Forensic Accounting.” The Securities and Exchange Com-
mission (SEC) has strengthened its FSF divisions and trained its staff in
the area of forensic accounting and financial statement fraud, all inter-
national public accounting firms have established a forensic accounting
department, and forensic accounting and fraud examination is becoming
one of the fundamental components of business school’s curriculum in
recent years.
This book presents a comprehensive framework of the theory and
practice of forensic accounting investigation and FSF examination in two
volumes. The purpose of this book is to present a comprehensive primer
of forensic accounting in areas of fraud and nonfraud services. At present,
headlines have again been dominated by the investment Ponzi schemes
and credit crunch scandals. Banks have been hit by record levels of fraud
over the past several years, and the situation is likely to get worse as the
full impact of the credit crunch unfolds. In such increasingly unstable
economic and litigious environment, there has been significant growth in
the demand for and interest in forensic accounting services. During the
2007–2009 global financial crisis, the focus on financial statement fraud
prevention and detection become more important as regulators, inves-
tors, and companies seek better understanding of corporate malfeasance
and misconduct.
x PREFACE
Sincerely,
Zabi Rezaee
January 15, 2019
Acknowledgments
I acknowledge the Securities and Exchange Commission, the Public
Company Accounting Oversight Board, the American Institute of Certi-
fied Public Accountants, the Big Four Accounting Firms and Corporate
Governance Organizations, American Accounting Association, American
Certified Fraud Examiner, and other forensic accounting organizations
for permission to quote and reference their professional standards and
other publications.
The encouragement and support of my colleagues at the University of
Memphis are also acknowledged. Especially, three of my graduate assis-
tants, Mr. Charles Bell, Mr. Matthew Cantin, and Mr. Jon Paul Squitieri
for providing invaluable assistance. I thank the members of the Business
Expert Press team and S4Carlisle Publishing Services for their hard work
and dedication in editing the book, including, Scott Isenberg, Mark
Bettner, Michael Coyne, and Premkumar Narayanan.
My sincere thanks are due to my family, my wife Soheila, and my
children Rose and Nick. Without their love, enthusiasm, and support,
this book would not have come to fruition when it did.
An Introduction to Forensic
Accounting
Executive Summary
Business and accounting scandals (Madoff, Satyam, Stanford F inancial,
and subprime mortgage fraud) have dominated the business news in
the past several decades. Numerous cases of high-profile alleged FSF
(e.g., Enron, WorldCom, Parmalat, Satyam) as well as the investment
Ponzi schemes and credit crunch scandals have negatively affected the
financial markets and investors’ confidence in public financial informa-
tion. Forensic accounting has advanced as an important and rewarding
field of accounting to prevent, detect, and correct these financial scandals
and other types of fraud. In such an increasingly unstable economic and
litigious environment, there has been significant growth in the demand
for and interest in forensic accounting and investigative services. Forensic
accountants provide litigation consulting, expert witnessing, valuation,
and fraud investigation services. This chapter presents an introduction to
forensic and investigative accounting.
Introduction
Forensic accounting is a growing and ever-changing field of accounting
with tremendous opportunities for advancements. Forensic accounting
services of fraud investigations, litigation consulting, valuation, and ex-
pert witnessing are both rewarding and exiting. For example, tracking
down criminals by holding them accountable for committed illegal acts
can be a tedious task but rewarding in making our society safer and free
from material wrongdoings and frauds. The field of forensic accounting
2 FORENSIC ACCOUNTING AND FSF, VOLUME I
has grown significantly over the past decades and is expected to make
further progress as the demand for, and interest in, forensic accounting
services increases.
There is also a growing need for business schools and accounting pro-
grams to train and educate the most competent and ethical future foren-
sic and investigative accountants. This field is not specific to any country,
industry, or organization; as such, there are numerous employment op-
portunities available. Forensic and investigative accounting is viewed by
many as one of the most exciting, rewarding, and secured career tracks.1
However, there appears to be a gap between forensic and investigative ac-
counting practice and education, given that there is only a limited num-
ber of forensic accounting modules/courses offered within accounting and
business curricula in universities worldwide.2 A few existing textbooks in
this area all primarily focus on occupation fraud with a limited coverage
of Financial Statement Fraud (FSF). This chapter develops an awareness
and understanding of the main themes, perspectives, frameworks, and
issues pertaining to forensic and investigative accounting. This chapter
presents an introduction to forensic accounting with a keen focus on the
knowledge and the professional and personal skills needed to become suc-
cessful forensic and investigative accountants, such as adequate know-
ledge in accounting, law, criminology, psychology, auditing, and business
and (FSF) examination.
Exhibit 1.1
Existing Forensic Accounting Books
Author(s) Title Publisher Year Synopsis
Clayton, A Guide Wiley 2006 This book provides a guide
Golden, Pill, to Forensic for practicing forensic
Skalak Accounting accounting and fraud
Investigation investigation. It includes
the topics of deterrence,
detection, and investigation
and mentions tools that
can be used in practice to
combat fraudulent behavior.
Nigrini Forensic Wiley 2011 This book details techniques
Analytics: and tools that can be used
Methods and by practitioners to detect
Techniques fraud and mistakes. It
for Forensic explains the upsides and
Accounting downsides of each technique
Investigations and advises when to use a
technique.
Singleton Fraud Wiley 2006 This book covers fraud
and auditing elements and simple
Singleton and forensic concepts. Topics include red
accounting flags, fraud schemes, and risk
assessment.
Nigrini Benford’s Wiley 2012 This book covers the
Law: use of Benford’s Law in
Applications the forensic accounting
for Forensic profession. It covers topics
Accounting, ranging from the discovery
Auditing, of the law to application in
and Fraud Ponzi schemes.
Detection
Hopwood, Forensic McGraw-Hill 2012 This book is catered to
Leiner Accounting practitioners and includes
and Fraud topics ranging from business
Examination valuation to civil and
criminal litigation.
Karancher, Forensic Wiley 2010 This book provides
Riley, Wells Accounting newly developed tools for
and Fraud practitioners to tackle fraud
Examination in the civil and criminal
environment.
An Introduction to Forensic Accounting 5
decades with 347 incidents between 1998 and 2007 compared with 294
cases from 1987 to 1997; (2) the magnitude (mean per cases) of FSF during
1998 to 2007 was about $400 million compared with a mean of $25 million
per case between 1998 and 1997; (3) FSF cases were committed with some
level of involvement of senior executives (CEO, CFO) in 89 percent of stud-
ied cases in 1998 to 2007 and about 83 percent of cases in 1987 to 1997; (4)
almost 20 percent of alleged fraudulent executives were indicted from which
more than 60 percent were convicted; (5) the most common FSF schemes
continue to be improper revenue recognition followed by overstatement of
assets; (6) over one-fourth of fraud firms changed auditors either during the
fraud period or in the fiscal year preceding the fraud period; and (7) fraud
firms experienced negative consequences of fraud either in terms of decline in
stock prices, bankruptcy, or delisting from major stock exchanges.14 Exhibit
1.2 presents many career opportunities in forensic accounting.
Exhibit 1.2
Forensic Accounting Careers
Topic Summary
Careers and professional Forensic Auditor for FBI, Certified Internal Auditors
standards in forensic (CIA), Internal Revenue Service (IRS), Law firms,
accounting accounting firms, and corporate Enterprise Risk
Management (ERM)
Forensic Accounting does not have its own authoritative
guidance, instead it uses AICPA code of conduct and other
non-autoreactive standards to form a framework.
Promoting Antifraud The Association of Certified Fraud Examiners (ACFE)
education and practice created an antifraud program that has 12 resources.
Many schools across the United States have forensic
accounting courses, such as Iowa State and Bucknell
University.
Investigating Types Occupational fraud such as asset misappropriation and
of Fraud financial statement fraud (FSF), and employee fraud.
Expert testimony and Experts are called upon to testify in court proceedings.
witness and litigation Consultants aid in the trial process using certain
consultation techniques techniques.
Enforcing Principles of The ACFE, AICPA, and others provide a code of ethical
ethics, corporate code conduct. Laws often address how to deal with ethical
of conduct, and ethical misconduct.
misconduct
An Introduction to Forensic Accounting 7
Topic Summary
Engaging in fraud Fraud Triangle: Pressure to commit fraud, opportunity to
detection, deterrence commit fraud, and rationalization for actions taken.
program, and the Fraud Fraud detection:
Triangle Deterrence Program:
Internal control Internal control is tested for effectiveness and reports are
assessment and reporting issued regarding efficacy.
Resolutions of Once a decision is made, the allegations are resolved.
allegations of misconduct The resolution can be tried again later.
Identifying red flags Used to identify/warn of fraud within an organization.
Promoting corporate Corporate governance participants Consist of board of
governance and directors, audit committee, internal auditor, CEO and
compliance with laws CFO, external auditor, and regulators.
and regulations
Preventing earnings Legally making judgments on presentation and
management disclosure of financial statements.
Identifying cooking the Intentionally altering financial statements to meet
books and problems in targets.
accounting
(Continued )
9
10
Exhibit 1.3 (Continued)
Firm Forensic Accounting Services Roles/Responsibilities/Commitments Websites
Data analysis/Data mining:
• Detecting data anomalies;
• Reconstructing accounting records and transaction
tracking through coordination with forensic
accountants;
• Completing data set analysis using statistical
methodologies;
• Providing custom analysis database programming; and
• Delivering robust reporting with rich graphics and
written narrative.
eDiscovery:
• Working with counsel to extract pertinent data
from forensic images;
• Uploading and providing access to documents; and
• Performing OCR (optical character recognition)
scanning, deduplication, and indexing of documents.
• Forensic Technology
• Insolvency
Deloitte • Anticorruption and fraud We help our clients predict, detect, and respond to the risks https://www2
• Business intelligence services and vulnerabilities that come from global corruption, litigation, .deloitte.com/us/
• Cyber risk fraud, financial mismanagement, and other threats. Learn en/pages/advisory/
• Discovery how Deloitte’s Forensic Advisory professionals are helping solutions/forensics-
• Foreign Corrupt Practices Act (FCPA) organizations lead, navigate, and disrupt to turn complex issues and-investigations-
consultation into opportunities for resilience and long-term advantage. solutions.html
• Financial risk, transactions and restructuring
• Internal audit and assurance
• Investigations
• Investigations on the corporate level
• Litigation and dispute consulting
• Strategic and reputation risk management
EY • Antibribery/anticorruption analytics Our forensic accountants and technologists, certified fraud http://www.ey.com/
• Antifraud analytics examiners, and anticorruption and antimoney laundering us/en/services/
• Computer forensics, data mining, and analysis specialists work with our clients’ legal counsel and internal assurance/fraud-
• Cybercrime investigation audit and compliance departments investigating complex investigation---
• Cyber breach diagnostics issues and developing practical solutions that address dispute-services/
• Cybercrime forensics operational challenges. ey-how-we-can-
• Cyber analytics We apply the collective knowledge and insight gleaned help-2
• Dispute and damage analysis from working across industries and geographies to help our
• Early case assessment clients conduct fraud risk assessments, institute proactive
• eDiscovery anticorruption programs, and utilize forensic data analytics
• eDiscovery advisory services that enable corporations to manage risk and regulatory
• Forensic data analytics compliance.
• Incident preparedness and response services
• Information governance
• Insider threat analysis
• Investigation and Dispute Managed document review
• Predictive modeling
• Preservation and collection of ESI
• Risk assessment
11
• Technology-assisted review
(Continued )
Exhibit 1.3 (Continued)
12
Firm Forensic Accounting Services Roles/Responsibilities/Commitments Websites
Grant • Computer forensics Our forensic technology professionals utilize state-of-the- https://www
Thornton • eDiscovery art hardware and software—along with advanced discovery .grantthornton.com/
• Data analytics (i.e., predictive coding) processes, methodologies, and proprietary analytical routines— services/advisory/
• Records and risk management to identify, collect, recover, reconstruct, and preserve business-risk/forensic-
• Incident response and data breach investigations electronic evidence. This sophisticated protocol of testing advisory.aspx
• Analyzing suspicious transactions complete data populations allows our team to reach accurate
• Identifying hidden relationships and defensible conclusions, whether those conclusions
• Analyzing large volumes of transactions more efficiently represent simple control deficiencies or are indicators of
• Monitoring fraud threats and vulnerabilities potential corruption, waste, or abuse.
• Assessing effectiveness of internal controls
• Considering unique organizational and industry issues
• Cybersecurity
• Investigation
• Insurance
• Disputes
KPMG • eDiscovery KPMG Forensic works with organizations to help them in https://home.kpmg
• Forensic Data Analytics their efforts to achieve the highest level of integrity. We .com/us/en/home/
• Analyzing suspicious transactions assist businesses to effectively manage the costs and risks of services.html
• Identifying hidden relationships complying with new regulations and enforcement activity.
• Analyzing large volumes of transactions more efficiently We help assess, design, and implement internal controls and
• Monitoring fraud threats and vulnerabilities compliance programs to mitigate vulnerabilities to fraud
• Assessing effectiveness of internal controls and misconduct and assist in the prevention, detection, and
• Considering unique organizational and industry issues response to fraud, waste, abuse, and other forms of misconduct.
• Corporate Intelligence
• Digital Forensic
• Fraud Risk Management
Moss Does not have information concerning forensic Delivering a full spectrum of accounting, consulting, and Does not have
Adams accounting online wealth management services, we dive deep into each industry information
to bring greater contextual understanding to every engagement. concerning forensic
As a result, conversations are more illuminating and solutions accounting online
more precise.
PwC • Anticorruption services Our purpose is central to our business. https://www.pwc
• Antibribe and fraud For more than 160 years, the role we play has always .com/gx/en/services/
• Capital projects and infrastructure been underpinned by the need for trust and our ability to advisory/forensics
• Cybersecurity deliver solutions. Our purpose brings meaning to our daily .html
• Digital forensics work, guides our decision-making, and inspires action in a
• Dispute services dynamically changing environment. It demonstrates our
• Financial Fraud ongoing, clear commitment to working collaboratively and
• Fraud risk mitigation innovatively to deliver the highest-quality outcomes for our
• Global intelligence people, clients, and society.
• Government contractor services and export controls
• Insurance claims
• Investigation services
• Technology solutions
• A crimes unit
RSM US Corporate investigation services RSM’s forensic accounting and investigative professionals have http://rsmus.com/
• Asset tracing, misappropriation, waste and the skills and experience to resolve high-stakes issues from the what-we-do/services/
embezzlement board room to the courtroom. Our team provides analytical and financial-advisory/
• Construction-related investigative services to major law firms, insurance companies, forensic-accounting-
• Fidelity claims financial institutions, governmental entities, private equity and-fraud-
• Financial fraud, including misrepresentation and FSF firms, venture capital funds, and corporate counsel and executive investigations.html
13
• Regulatory-related investigations management. Team members include expert testifiers, witness
(Continued )
14
Exhibit 1.3 (Continued)
Firm Forensic Accounting Services Roles/Responsibilities/Commitments Websites
• Financial institution and health care fraud interviewers, data mining and computer forensic specialists, fraud
• Foreign Corrupt Practices and UK Bribery Acts examiners qualified as international investigators, and CPAs and
• USA PATRIOT Act DOJ, SEC, and State others you may need to document the facts of your situation.
Attorneys General inquiries and investigations
• Whistleblower investigations
• White-collar defense
Bankruptcy services
• Bankruptcy fraud
• Fraudulent conveyance actions
• Preferential payments
firms, has its own website. On the website, there is a page related to foren-
sic accounting services that the firm offers. For example, PwC offers digi-
tal forensics, fraud risk mitigation, a crime unit, investigation solutions,
and many others. The services offered by PwC, KPMG, Deloitte, and
Ernst & Young (EY) are similar but deviate highly from the smaller firms,
such as Moss Adams and Baker, Tilly, Virchow, and Krause. The existence
of this gap can be explained by firm size, technological capability, human
capital, and revenue available to spend on forensic services.
The Federal Bureau of Investigation (FBI)’s forensic accountants inves-
tigate terrorists, spies, and criminals who are involved in financial crime.
For the FBI, these accountants participate in court proceedings using
knowledge of legal procedure and policies, principles for evidence gather-
ing and presentation, and security protocols dictated by law. Prior to en-
gaging forensic accountants to practice, the FBI administers a live course
to understand the systems, skills, techniques, and expertise that the field
offices require.16 The responsibilities of FBI forensic accountants include
performing thorough forensic financial analyses of the records of those
suspected of illegal activity, gathering evidence, preparing search warrants/
affidavits, going with case agents on subject/key witness interviews, piecing
together funding sources and interrelated transactions, generating investi-
gative reports, meeting with prosecutors to strategize, offering support dur-
ing proceedings, and acting as expert witnesses. After the training session,
the FBI assigns accountants to various teams, including forensic account-
ing squads and the Forensic Accountant Support Team.17
Forensic accountants can be employed by public accounting firms, the
FBI, insurance firms, governmental agencies, law firms, and/or finance com-
panies.18 A prominent case in recent history is a $200 million Medicare fraud
in which two employees of American Therapeutic Corporation recruited
beneficiaries. Another case involved insider trading of hedge funds by Raj
Rajaratnam. More information on these cases is included in Exhibit 1.4.
On the cases, several techniques were used to help find the perpetrators
guilty. First, interviewing was used heavily in these cases. Interviewing is
often used to gather specific information to be used during trial. Second, the
verification of red flags is used. In the above-mentioned cases, kickbacks and
prior legal troubles are probable causes of wrongdoing as illustrated in Ex-
hibit 1.4. In the aftermath of financial scandals and the 2007 to 2009 global
16 FORENSIC ACCOUNTING AND FSF, VOLUME I
financial crisis, the focus on FSF prevention and detection has become more
important as regulators, investors, and companies seek better understand-
ing of corporate malfeasance and misconduct. However, nonfraud forensic
accounting services such as litigation consulting, valuation, and expert wit-
nessing are gaining considerable attention in recent years.
Exhibit 1.4
FBI Forensic Accounting Cases
Case Details
American Twenty persons were charged with participation in a health
Therapeutic care fraud scheme resulting in $200 million in damages. One
Corporation doctor was sentenced to 15 years in prison and the case has set
a precedent for the FBI, Department of Justice, and the Florida
government in dealings with health care fraud.
Raj Rajaratnam The founder of the Galleon Hedge Fund, with $7 billion in asset
worth, was found guilty of insider trading and sentenced to 11 years
in prison. Goldman Sachs, IBM, Intel, Polycom, and many others
were involved in this scheme. Galleon went defunct after this fraud,
and many other employees of various firms were sentenced.
Exhibit 1.5
Contrasting External Auditing, Internal Auditing,
and Fraud and Nonfraud Forensic
and Investigation Practices
External Auditing
Internal Auditing Planning
Advisory & Consulting Risk Assessment
Services to organizations
to improve the Internal Controls
efficiency, effectiveness, Audit Evidence
and economy of
performance. Reviewing
Reporting
Conclusion
Forensic accounting is a growing and changing field that is both chal-
lenging and rewarding. Forensic accountants are commonly hired to
uncover fraud, discover fraudsters, minimalize the effects of fraud, and
try to prevent fraud in the future. They can also be utilized in other
cases such as divorce, terrorist activities, business valuations and crimi-
nal investigations. Forensic accountants must be able to detect fraud,
trace illicit funds, implement activities to prevent future fraud, and
provide an adequate burden of proof. Forensic accountants need to pos-
sess different skill sets, from traditional accountants to investigators and
digital forensic practitioners. They need to be technical, analytical, de-
tail-oriented, good communicators and ethical. This specific set of skills
for forensic accountants helps plead the case for higher education insti-
tutions to provide courses that will train future forensic professionals.
The need for formal and consistent educational programs focusing on
22 FORENSIC ACCOUNTING AND FSF, VOLUME I
Action Items
1. Forensic accounting is a field of accounting with specific expertise,
knowledge, and skill sets.
2. Forensic accounting skill sets are in areas of technical skills (account-
ing, auditing, finance, law, psychology, and criminology), analytical
skills (data gathering and analyses), and soft skills (communication
and interviewing).
3. Forensic accounting is gaining considerable attention in the after-
math of the financial scandals at the turn of the twenty-first century
and the 2007 to 2009 global financial crisis.
4. Forensic accounting is a challenging, demanding, and rewarding
field of accounting.
Endnotes
1. Z. Rezaee, J. Wang, and B. Lam. January–June, 2018. “Toward the
Integration of Big Data into Forensic Accounting Education,” Journal
of Forensic & Investigative Accounting 10, no. 1.
2. Ibid.
3. Z. Rezaee, L. Crumbley, and R. Elmore. 2004. “Forensic Account-
ing Education: A Survey of Academics and Practitioners,” Advances
in Accounting Education Teaching and Curriculum Innovations 6,
pp. 193–232.
4. Ibid.
5. W.S. Hopwood, J.J. Leiner, and G.R. Young. 2008. Forensic Accounting
(1st ed., Boston, MA: McGraw-Hill Irwin).
6. L. Crumbley, L. Heitger, and S. Smith. 2015. Forensic and
Investigative Accounting (7th ed., Chicago, IL: Commerce Clearing
House).
An Introduction to Forensic Accounting 23
Forensic Accounting
Services and Skills
Executive Summary
Forensic accounting has advanced as an important and rewarding field
of accounting to prevent, detect, and correct financial scandals and other
types of fraud. In such an increasingly unstable economic and litigious
environment, there has been significant growth in the demand for and in-
terest in forensic accounting and investigative services. Forensic account-
ants provide litigation consulting, expert witnessing, valuation, and fraud
investigation services. This chapter presents forensic accounting fraud and
nonfraud services and skill sets required by forensic accountants to effect-
ively conduct their services.
Introduction
The existence and persistence of high-profile alleged FSF (e.g., Enron,
WorldCom, Parmalat, Satyam), as well as the investment Ponzi schemes
and credit crunch scandals have negatively affected the safety and sound-
ness of financial markets and investors’ confidence in public financial in-
formation. Forensic accountants perform a variety of fraud and nonfraud
services, including expert witnessing, valuation, and litigation consulting.
To effectively conduct their services, forensic accountants should have
knowledge, education, and expertise in accounting, marketing, finance,
management, psychology, criminology, and technology. This chapter pres-
ents fraud and nonfraud professional services commonly performed by for-
ensic accountants as well as technical, analytical, and soft skill sets required
for forensic accountants to effectively conduct their services.
26 FORENSIC ACCOUNTING AND FSF, VOLUME I
Exhibit 2.1
Forensic Accounting Practice
Forensic Accounting
Shareholders’ and
Financial Statement Fraud Financial Disputes
stakeholders’ disputes
Assistance Other
Consumer Fraud Divorce Disputes
Accountants (Accounting)
Cyberattacks
Fraud examination: a process of resolving fraud allegations, gathering and examining evidence,
writing reports, and testifying to findings so as to detect, prevent, and correct fraud
Litigation consulting: using skills in accounting, auditing, financing, law, and others to gather,
analyze, and evaluate evidence, as well as interpret and communicate findings
Expert witnessing: serving as a witness to educate jurors and interpret complex accounting
and financial issues
Forensic Accounting Services and Skills 27
Exhibit 2.2
AICPA Guidelines on Litigation Consulting
and The Kumho Tire Co. vs. Carmichael decision. Daubert vs. Merrell states
that courts must determine whether the logic and methods presented by
an expert are valid scientifically and if they can be applied to the case in
question. The Kumho Tire Co. vs. Carmichael case extended Daubert vs.
Merrell to all expert testimony. Testifying CPAs must detail their certifica-
tion, qualifications, reasoning, and methods. Experts must also qualify
their methodology’s reliability.4 Exhibit 2.3 presents two court cases rel-
evant to expert witnessing forensic accounting services.
Exhibit 2.3
Expert Witnessing Court Cases
Fraud Investigation
Business Valuation
and injury to reach quantitative results. The methods used to find results
include the benchmark approach, the contract method, and the profit
method. Each revolves around the examination of performance metrics
and correlate the results with the degree of harm. This allows forensic ac-
countants to show proof of wrongdoing during litigation. 8
Mergers and acquisitions (M&A) are common in the business world
and forensic accountants can be called upon to evaluate M&A trans-
actions. When mergers and acquisitions occur, practitioners often deter-
mine the effect of professional skill sets on the process. The professionals
involved in the transaction should be skilled in completeness of exhibits
and disclosure and accuracy of the entire business deal. To evaluate the
aforementioned correctly, forensic accountants are knowledgeable in vir-
tual data storage, visualization software and material, and the Confiden-
tial Information Memorandum (CIM), which is a marketing technique
used to attract buyers.9
Risk has different notions and is defined in different ways and contexts.
Global business is constantly changing and becoming more unpredict-
able, complex, and volatile. In this challenging business environment,
forensic accountants can be hired to identify risks, assess their determi-
nants and consequences, and minimize their detrimental effects. Organ-
izations incur different types of risks to attain their mission, including
capital structure risk, credit risk, liquidity risk, interest rate risk, strat-
egy risk, and financial and exchange risk. Forensic accountants are well
trained to assist organizations in assessing and managing risks and maxi-
mize their rewards and minimize their detrimental effects. Forensic ac-
countants can use the Enterprise Risk Management (ERM) in assessing
risks and in turning challenges into opportunities. ERM is a continuous
process of identifying, assessing, and disclosing risks that challenge the
company, their potential losses, and possible rewards. The Committee
of Sponsoring Organizations (COSO) in 2004 defined ERM as “. . . a
process, effected by an entity’s board of directors, management and other
personnel . . . designed to identify potential events that may affect the
entity, and manage risk to be within its risk appetite . . .”10
Forensic Accounting Services and Skills 33
Dispute Resolution
Exhibit 2.4
Contrasting Education Mission and Objectives
of Auditors, Forensic Accountants,
and Financial Accountants*
Financial
Auditing Forensic Accounting Accounting
Mission To foster “The mission of the The Financial
intellectual Forensic Accounting Accounting and
capabilities, Section (FAS) of the Reporting Section
resources, and American Accounting mission is to improve
institutional Association is to foster the effectiveness and
structures excellence in the teaching, efficiency of education,
to support research, practice, research, and
innovation, continual professional professional practice.
critical education (CPE)
analysis, and courses and curriculum
improvement development of forensic
of auditing accounting services by
and assurance creating opportunities.”
services
practice and
professional
standards.
Teaching To foster 1. Discover new ways 1. Disseminating and
and intellectual to educate forensic evaluating teaching
Education capabilities, accountants methods and
Objectives resources, and 2. Proper means to materials.
institutional exchange ideas 2. Creating
structures to for educational opportunities
support the improvement for interchange
development, 3. Aid forensic and cooperation
peer evaluation, accountants in proper between academics
and sharing of methodology and skill and practitioners.
educational sets
materials, 4. Question forensic
curricula, accounting practice
teaching 5. Cooperation with other
methods, and practitioners
professional 6. Recruitment for the
development forensic accounting
in auditing profession
and assurance 7. Unification of practice
services. and academic endeavors
8. CPE for members
Forensic Accounting Services and Skills 39
Financial
Auditing Forensic Accounting Accounting
Research To encourage 1. Strategic direction for 1. To encourage,
Objectives theoretically forensic accounting facilitate, and
based, yet research publicize research
practice- 2. Strengthen forensic in financial
relevant, accounting academia accounting and
research 3. Share forensic reporting
scholarship accounting research 2. To communicate
in the many findings outside interests,
aspects of academia intentions, and
external and 4. Create opportunities actual work-in-
internal auditing for individuals to process in the area
utilizing the strengthen research 3. To identify areas in
PCAOB’s skills need of research
standards- 4. To provide
setting agenda opportunities for
and Standing public exposure
Advisory Group of research results
meetings, and through American
the topics Accounting
covered therein Association
as substantive meetings (annual,
motivation for regional, and
creative and special meetings
innovative devoted solely to
research that financial accounting
seeks to make and reporting)
a practical and publications
difference to (including working
the regulation papers and a
and practice of separate journal for
auditing. financial accounting
and reporting, if
warranted)22
Conclusion
Forensic accounting is a rewarding, demanding, and challenging field
of accounting. Forensic accountants perform both fraud and nonfraud
services presented in this chapter. Fraud services consist of FSF examin-
ation, employee fraud, embezzlement, and theft and misappropriation
40 FORENSIC ACCOUNTING AND FSF, VOLUME I
Action Items
1. Forensic accounting is a rewarding and demanding career.
2. Forensic accounting services are fraud investigation, litigation consult-
ing, expert witnessing, valuations, risk assessment, economic damages
among others.
3. Forensic accounting is a process of gathering, analyzing, and evaluating
evidence, making decisions and conclusions, and effectively communi-
cating the results of forensic accounting services.
4. Forensic accountants should possess technical, analytical, and soft
skill sets to effectively perform their professional services.
Endnotes
1. Z. Rezaee, L. Crumbley, and R. Elmore. 2004. “Forensic Account-
ing Education: A Survey of Academics and Practitioners.” Advances
in Accounting Education Teaching and Curriculum Innovations 6,
pp. 193–232.
2. American Psychological Association. 2016. How Did You Get that Job?
http://www.apa.org/monitor/2016/06/job-studebaker.aspx, (accessed
February 8, 2018).
3. The AICPA. 2003. Statement of Standards for Consulting Services.
https://www.aicpa.org/interestareas/forensicandvaluation/resources/
standards/downloadabledocuments/sscs.pdf
4. D.L. Crumbley, and K.A. Russell. 2004. “So You Want to Be an Expert
Witness,” Journal of Accountancy. https://www.journalofaccountancy
.com/issues/2004/oct/soyouwanttobeanexpertwitness.html, (accessed:
February 16, 2018).
5. Investopedia. 2018. Business Valuation. https://www.investopedia
.com/terms/b/business-valuation.asp, (accessed February 23, 2018).
Forensic Accounting Services and Skills 41
19. Ernst and Young (EY). 2016. Global Forensic Data Analytics Survey 2016.
Shifting into Higher Gear: Mitigating Risks and Demonstrating Returns.
http://www.ey.com/gl/en/services/assurance/fraud-investigation---
dispute-services/ey-shifting-into-high-gear-mitigating-risks-and-
demonstrating-returns, (accessed January 4, 2017).
20. M.L. Murphy. December 3, 2014. “Top Soft Skills for Forensic
Accountants,” AICPA. https://www.aicpastore.com/Content/media/
PRODUCER_CONTENT/Newsletters/Articles_2014/FVSNews/
skillsforforensicaccountants.jsp, (accessed November 7, 2017).
21. AICPA. 2009. Characteristics and Skills.
22. FARS. Financial Accounting and Reporting Section. http://aaahq.org/
fars, (accessed June 25, 2018).
CHAPTER 3
Forensic Accounting
Profession
Executive Summary
Forensic accounting has advanced as a distinct profession with the account-
ing and business profession. Several professional organizations have devel-
oped certifications in forensic-related services, from fraud examination to
valuation investigation and determination. These certifications demon-
strate educational credentials, expertise, experience, and ethical consider-
ations of forensic accountants. This chapter presents several professional
certifications relevant to forensic accounting practices and services.
Introduction
The existence and persistence of financial scandals, financial crises, and re-
lated FSF reinvigorated interest in education and practice of forensic ac-
counting and FSF examination. Forensic accounting is gaining considerable
attention as the American Accounting Association (AAA) has added a new
educational and research section on “Forensic Accounting” and the SEC has
strengthened its FSF divisions and trained its staff in the area of forensic
accounting and FSF, all international public accounting firms have estab-
lished a forensic accounting department, and forensic accounting and fraud
examination is becoming one of the fundamental components of business
schoolscurriculum in recent years. Several professional organizations have
established certifications in forensic accounting practices. These forensic-
related certifications demonstrate forensic accountants’ commitments and
professionalism. These certifications require practicing forensic accountants
to obtain education, work experience, and continuing professional education
(CPE) as well as complying with codes of professional ethics. This chapter
presents certifications and professional ethics relevant to forensic accounting.
44 FORENSIC ACCOUNTING AND FSF, VOLUME I
Exhibit 3.1
Organizations that Currently Focus
on Providing Forensic accounting and Antifraud
Education and Training
Name Description Website
Association The ACFE is the world’s largest antifraud http://www.acfe
of Certified organization and premier provider of antifraud .com/
Fraud training and education. Together with nearly
Examiners 55,000 members, the ACFE is reducing
(ACFE) business fraud worldwide and inspiring public
confidence in the integrity and objectivity
within the profession.
(Continued )
46 FORENSIC ACCOUNTING AND FSF, VOLUME I
Education
49
4. Business management skills
(Continued )
50
Exhibit 3.2 (Continued)
Requirements Sponsoring Organization
Test Passing
Certifications Education Experience Exam Length Score Name Website
Certified Bachelor’s degree 2 years of 1. Governmental environment 3 parts. 500/700 Association www
Government with 24 credit professional- 2. Governmental accounting, 115 of .agacgfm.org
Financial hours of courses level experience financial reporting, and questions Government
Manager in financial in government budgeting 2 hours and Accountants
management or financial 3. Governmental financial 15 minutes
related topics management management and control
Certified No specific degree 5 years of 1. IS audit process 1 part, 75% Information www.isaca
Information requirement professional IS 2. IT governance (200 m/c Systems .org
System Auditor auditing, control, 3. Systems and infrastructure questions) Audit and
or security work lifecycle management 4 hours Control
experience for 4. IT service delivery and support Association
certification 5. Protection of information assets
6. Business continuity and
disaster recovery
Chartered Complete Pass a series of The Institute www.icaew
Accountant 450 days of examinations, of Chartered .com
(CA) England— training, work experience Accountants
Associate of 3 to 5 years. in England
Chartered and Wales
Accountant (ICAEW)
CA England— Complete Pass a series of The ICAEW www.icaew
Fellow Chartered 450 days of examinations, .com
Accountant training, work experience
of 3 to 5 years.
At least 10 years
of membership,
Complied with
continuing
professional
development.
Certified Forensic Bachelor’s Degree. 3 years of work No exam is mandatory; you None 30%–49% International http://
Investigation If you have a experience. must take a masterclass in gives you Institute of www.iicfip
Professional CPA, ACCA, or digital forensics or forensic partial Certified .org/index
CA and 8+ years investigation instead. exemption Forensic .php/2012-06-
of work history, from Investigation 09-14-
you do not have to requirements. Professionals 47-03/thecfip/9-
take the exam. 50% and uncate
above out gorised/
of 310 and 235-
complete a certified-
masterclass forensic-
to become investigation-
accredited. profes
sional-cfip
51
(Continued )
52
Exhibit 3.2 (Continued)
Requirements Sponsoring Organization
Test Passing
Certifications Education Experience Exam Length Score Name Website
Forensic CPA Must have a 20 hours 1. Criminal Interrogation and 5-part 70% Forensic https://www
CPA or a CA. continuing Confessions exam, 100 CPA Society .fcpas
If CPA also is a education each 2. Corporate Fraud Handbook multiple- .org/
CFF (Certified year. 3. Financial Investigation and choice
in Financial Fo- Forensic Accounting questions
rensics), they are 4. Forensic and Investigative per part
exempt from the Accounting
exam and auto- 5. Principles of Fraud
matically become Examination
a FCPA after filing
paperwork
Certified Must have a Pass qualification I. Governance 4-hour exam 100 out of Advanced http://www
Investment degree and take and certification II. Fundamentals with 100 150 Education for .imca.org/
Management course from exams and III. Portfolio Performance and multiple- Investment
Analyst a registered have 3 years’ Risk Measurements choice and Wealth
education provider minimum work IV. Traditional and Alternative questions Professionals
experience in Investments and 10
finance field V. Portfolio Theory and prochoice
Behavioral Finance questions.
VI. Investment Consulting
Process
Master Analyst 36 hours Pass one exam, 1-part, National http://www
in Financial with 20 matters multiple- Association .nacva.org/
Forensics or 2,500 hours of choice of Certified
experience questions, Valuators
5 hours and Analysts
CPA A university 1. 30 hours of 1. Finance Chartered www
degree with preapproved 2. Tax Professional .cpacanada.ca
specific business programs 3. Assurance Accountants
course credits 2. Flexible route 4. Performance Management Canada
demonstrating
competence
and having
relevant work
experience
Certified Forensic Bachelor’s degree, Must currently 1. Forensic Accounting 100 70% American www.abfa.us
Accountant 3 Professional hold the CPA 2. Fraud multiple- Board of
References, designation with 3. Litigation Services choices and Forensic
Forensic — State Board of 4. Cybersecurity Issues true or false Accounting
background Accountancy, 5. Valuations questions
current CPA 6. Open Book
(Continued )
53
54
Exhibit 3.2 (Continued)
Requirements Sponsoring Organization
Test Passing
Certifications Education Experience Exam Length Score Name Website
Certified Risk Candidates Work experience 1. Organizational governance 2 parts, 600+ Institute www.theiia
Management must hold an depends on related to risk management Part 1 of the of Internal .org
Assurance Associate’s the degree 2. Principles of risk management CIA exam. Auditors
(CRMA), degree or obtained. processes Separate
Institute higher to be Master’s: 3. Assurance role of the Internal CRMA
of Internal approved into 12 months Auditor exam of 100
Auditors one of the IIA’s Bachelor’s 4. Consulting role of the multiple-
certification 24 months Internal Auditor choice
programs. Associate’s: questions.
60 months
Chartered Global Must be a regular A minimum The unique format of the case 3 hours, I t is peer- American In- https://www
Management member of the of 3 years of study exam is set to mirror a three to reviewed and stitute of Cer- .cgma.org/
Accountant, AICPA. relevant, work- real business environment. It six tasks scored anony- tified Public
American based experience simulates what management related to a mously by Accountants
Institute of CPAs accountants do in the workplace hypothet- management
through the use of a fictionalized ical business accounting
organization based on a real case experts. A
business or industry. specific pass-
ing grade has
not yet been
established.
Core Forensic Need CFF candidates 1. Forensic Engagement The Core American https://www
Accounting 75 hours of forensic must have a Management 1 and 2 Forensic Institute of .aicpastore
Certificate accounting- minimum of 2. Evidence Identification and Knowledge Certified .com/Forensic
related continuing 1,000 hours Gathering and Specialized Public Valuation
professional of business 3. Discovery Forensic Accountants and
development experience 4. Effective Interviewing Knowledge Litigation
(CPD). All hours in forensic Techniques exams are Services/
must have been accounting 5. Forensic Accountants Role in online and Engage
obtained within within the 5-year Deposition and Testimony proctored ments/
the 5-year period period preceding 6. Forensic Engagement remotely via core-
preceding the the date of the Reporting Requirements and webcam and forensic-
date of the CFF CFF application. Preparing Sustainable Reports audio (either accounting-
application. Refer to the CFF laptop or USB certificate/
Application Kit external) PRDOVR~
for examples anytime PC-166500/
of business 7 days a week PC-166500
experience. throughout the .jsp?_ga=2
year. .64304047
.12580095
63.152070
795
(Continued )
55
56
Exhibit 3.2 (Continued)
Requirements Sponsoring Organization
Test Passing
Certifications Education Experience Exam Length Score Name Website
Specialized Need 75 hours of FF candidates must
C 1. Bankruptcy 1 and 2 he Core
T merican
A https://www.aicpastore
Forensic forensic have a minimum of 2. Electronic Data Analysis Forensic Institute .com/Forensic Valuation
Accounting accounting- 1,000 hours of busi- 3. Business Damages Concepts, Knowledge of Certi- andLitigationServices/
Certificate related CPD. All ness experience in and Calculations and Special- fied Public FVSPractice
hours must have forensic accounting 4. Individual Damages ized Forensic Accountants Management/
been obtained within the 5-year Concepts and Calculations Knowledge specialized-forensic-
within the period preceding the 1 and 2 exams accounting-certificate/
5-year period date of the CFF appli- 5. Intellectual Property are on- PRDOVR~PC-167000/
preceding the cation. Refer to the Damages Concepts, and line and PC-167000.jsp?_ga=2.4
date of the CFF CFF Application Kit Calculations 1 and 2 proctored 5103460 .13541582
application. for examples of busi- 6. Mergers and Acquisitions remotely 44.15207 08364-33
ness experience. 7. Family Law and Divorce via webcam 9126305.15 20708364
Engagements 1, 2, and 3 and audio
8. FSF, Corruption, and Asset (either lap-
Misappropriation 1 and 2 top or USB
9. Fraud Provisions and external)
Engagements 1 and 2 anytime 7
10. Valuation Practices in days a week
Forensic Engagements 1 throughout
and 2 the year.
eligible to take the CPA exam. This is typically 30 semester hours beyond
the bachelor’s degree in accounting. These additional 30 semester hours are
generally taken at the graduate level in the areas of accounting, auditing,
international business, information technology, communication, critical
thinking, and ethics. All professional certifications in accounting require
a bachelor’s degree in accounting or business with concentration in ac-
counting as part of their education requirements. Education requirements
are normally classified into (1) technical skills such as financial account-
ing, auditing, management accounting, taxes, and statistical courses and
(2) soft skills such as courses in critical thinking, corporate governance,
ethics, organization behavior, and communication. Almost all professional
accounting certifications presented in Exhibit 3.2 require CPE to maintain
the certification. CPE requirements are explained in the following section.
Examination
Exhibit 3.3
CPA Exam Sections
Sections Requirements
AUD 4 tested areas: Ethics and Must make a 75% Exam is 72 choice
principles, risk assessment to pass the section 4 hours problems and
and audit planning, further total 8 Task-Based
procedures and gathering Simulations
evidence, and making
conclusions
FAR 4 tested areas: Standards Must make a 75% Exam is 66 choice
and Frameworks, Financial to pass the section 4 hours problems and
accounts, Transactions, 8 Task-Based
and Governmental Simulations
REG 5 tested areas: Ethics and Must make a 75% Exam is 76 choice
procedures, law, individual to pass the section 4 hours problems and
taxation, partnership and 8 Task-Based
corporation taxation, and Simulations
property taxation
BEC 5 tested areas: CGOVP, Must make a 75% Exam is 62 choice
Economics, Finance, IT, to pass the section 4 hours problems. 4
and Supply Chain Task-Based
Simulations
and 3 written
essays
period, if all the remaining sections are not passed, the first passed section
expires and must be taken again. AUD and FAR have four tested areas
and REG and BEC have five tested areas, for total of 18 areas on the
examination.4
The Certified Fraud Examiner (CFE) certification requires a bach-
elor’s degree or its educational equivalent and 2 years of professional ex-
perience for certification. The total time of the exam is 10 hours and it
comes in four parts across the following subjects:
1. Fraudulent transaction
2. Legal elements of fraud
3. Fraud investigation
4. Criminology and ethics
Forensic Accounting Profession 59
Experience
Professional Ethics
Conclusion
Several global initiatives have been taken in recent decades to promote fo-
rensic accounting. Many professional organizations such as the AICPA,
the ACFE among others have developed professional certifications and
codes of professional ethics for practicing forensic accountants. These
certifications presented in this chapter demonstrate forensic accountants’
commitments and dedications to advance forensic accounting as a distinct
profession with demanding and rewarding career. Practicing forensic ac-
countants should obtain certifications relevant to their areas of practice,
maintain their CPE, and comply with all applicable rules, regulations, and
requirement of certifications as well as related codes of professional ethics
presented in this chapter.
Action Items
• Obtain certification relevant to your forensic accounting practice.
• Observe codes of professional ethics relevant to your forensic ac-
counting practice.
Forensic Accounting Profession 63
Endnotes
1. American Institute of Certified Public Accountants (AICPA). Statement
on Auditing Standards No. 82, Consideration of Fraud in a Financial
Statement Audit (New York, NY: AICPA).
2. AICPA. 2002. Consideration of Fraud in a Financial Statement Audit.
Statement on Auditing Standards No. 99 (New York, NY: AICP).
3. American Institute of Certified Public Accountants (AICPA). 2018.
Exposure Draft: Statement on Standards for Forensic Services
No. 1 (SSFS 1). Available at https://www.aicpa.org/interestareas/
forensicandvaluation/resources/standards/exposure-draft-statement-
on-standards-for-forensic-services.html
4. AICPA. September 30, 2016. Uniform CPA Examination BLUE-
PRINTS. https://www.aicpa.org/content/dam/aicpa/becomeacpa/
cpaexam/examinationcontent/downloadabledocuments/cpa-exam-
blueprints-effective-20180101.pdf, (accessed December 1, 2017.).
5. Crush the CPA Exam. 2019. CPA Requirements by State. https://crush
thecpaexam.com/cpa-license-requirements/, (accessed September 4,
2018).
6. ACFE. Association of Certified Fraud Examiners—Earning CPE: Types
of CPE Credit. https://www.acfe.com/maintaining-cpe-types.aspx,
(accessed April 20, 2018).
7. American Institute of Certified Public Accountants (AICPA).
2018. Code of Professional Conduct. https://www.aicpa.org/research/
standards/codeofconduct.html
CHAPTER 4
Forensic Accounting
Guidelines and Standards
Executive Summary
Forensic accountants in conducting their professional services should
comply with a set of applicable laws, rules, regulations, and professional
standards. Practicing forensic accountants are subject to several profes-
sional responsibility standards and ethical codes of conduct. Responsibil-
ities of forensic accountants are governed by authoritative guidelines of
several professional organizations and government agencies. This chap-
ter presents authoritative guidelines for professional responsibilities and
codes of conduct for forensic accountants.
Introduction
Forensic accountants should perform their professional services in com-
pliance with standards and codes of conduct established by authoritative
bodies relevant to their practices. Forensic accountants should observe
authoritative guidelines of professional organizations that they belong to
and government agencies and other authoritative bodies that license them
to practice. Forensic accountants should observe and comply with many
laws, rules, regulations, and standards applicable to their professional ser-
vices and practices. For example, CPAs who perform forensic accounting
services should observe the AICPA professional responsibilities and code
of conduct. Forensic accountants who perform valuation services should
follow the National Association of Certified Valuators and Analysts
(NACVA) professional standards. Many public and private organizations’
professional standards are applicable to forensic accountants and this
chapter discusses their relevance and importance to forensic accounting
66 FORENSIC ACCOUNTING AND FSF, VOLUME I
Court Systems
Professional Standards
Nonauthoritative Guidelines
1. Integrity/Objectivity/Impartiality
2. Competency/Training/Proper skills
3. Confidentiality/Public trust
4. Independence/Duty to the Public
5. Conflicts of Interest/self-dealings
6. Transparency/Fair presentation
7. Good faith/Due diligence
8. Authority/Proper conduct
9. Professional Judgment/ Skepticism
10. Fairness/Mutual respect
Exhibit 4.1
Codes of Conduct for Forensic Accountants
Association Ethics Code Website
of Conduct
Association of The ACFE demands that its • Integrity and http://www
Certified Fraud members follow the highest Objectivity .acfe.com/
Examiners moral code and ethical • Professional code-of-
(ACFE) procedures when conducting Competence ethics.aspx
business. • Due Professional
Examples of some rules Care
include • Understanding
• Committing to with Client or
professional conduct Employer
and being mindful of • Communication
professional duties and with Client or
responsibilities Employer
• Act without bias in court • Confidentiality
procedures and testimony
• Keep private information
secure
• Continually improve skills
and effectiveness to offer
the best possible service.
Forensic Accounting Guidelines and Standards 71
(Continued )
72 FORENSIC ACCOUNTING AND FSF, VOLUME I
The Foreign Corrupt Practices Act (FCPA) was released in 1977 in re-
sponse to several high-profile fraudulent schemes in the mid-1970s.8 The
FCPA itself pertains to disallowing upper management from engaging
in business activities with foreign agents that would aid in acquiring and
disposing of business through payment of illegal monies. To make the
FCPA as effective as possible, the Department of Justice (DoJ) requires
all U.S. upper management to abide by the rules contained within the
act. In 1998, another amendment was added to the FCPA that required
foreign companies that conducted business within the United States to be
subject to the same rules and regulations that U.S. firms had to follow. As
part of keeping track of all business processes, the DoJ also mandates that
74 FORENSIC ACCOUNTING AND FSF, VOLUME I
The following are some important provisions of the SOX that have rel-
evance to forensic accounting practices: The SOX (Sec. 301) explicitly re-
quires that every public company establish procedures for the confidential,
anonymous reporting by employees of concerns regarding questionable ac-
counting, internal control, or auditing matters. Yet, the act leaves great flex-
ibility to companies in their implementation of this requirement. Under the
SOX (Sec. 301), audit committees of public companies are responsible for
establishing and overseeing procedures for employees to confidentially and
anonymously report concerns regarding questionable accounting, internal
control, or auditing matters. This regulatory requirement is consistent with
the belief that the availability of an anonymous channel to report question-
able accounting matters can enhance an organization’s internal control by
fostering communication and bringing FSF to light as early as possible.
Anonymous reporting channels may be particularly useful in encourag-
ing the reporting of wrongdoing by organizational members because ano-
nymity should minimize personal “costs” of reporting, such as retaliation and
other potential penalties. A benefit of such channels is that employees often
discover FSF before other monitors (e.g., internal auditors, external audit-
ors, and/or regulators) and, consequently, often have the ability to inform
the organization earlier than others. In this regard, the 2018 Report to the
Nations issued by the Association of Certified Fraud Examiners (ACFE) re-
ports the results of a survey of their members indicating that “tips” including
unanimous information obtained from employees and nonemployees were
more effective in identifying and discovering fraud than any other methods
and mechanisms (40 percent).19 The other two main methods were internal
audit and management review, at 15 percent and 13 percent, respectively. As
a result of detection, corruption is the most prevalent scheme in every area
of the globe. In total, fraudulent behavior inflicted approximately $7 billion
in losses, with 22 percent of cases causing losses of more than $1 million.20
Many provisions of SOX pertaining to financial reporting, the audit process,
and corporate governance are relevant to forensic accounting practices as
discussed earlier and summarized in Exhibit 4.2.
78 FORENSIC ACCOUNTING AND FSF, VOLUME I
Exhibit 4.2
Important Provisions of the
Sarbanes-Oxley Act (SOX) 2002
Provisions Summary
Public Company An independent Not-for-Profit that sets rules regarding
Accounting Standards audit, quality control, independence, and ethical
Board (PCAOB) conduct. The PCAOB is subservient to Security and
Exchange Commission rulings and oversight.
Auditor Independence Cannot perform nonattest services with audit services
with partners required to do a 5-year rotation.
Corporate Members of audit committee are on the board, engage
Responsibility in counsel, and bear responsibility for oversight of public
accounting firms.
Enhanced Financial Executives, particularly CEOs and CFOs, must adhere to
Disclosure strict financial reporting guidelines and disclosure.
Trading, Disclosure, and Prohibits insider trading, requires disclosure of all
Conflicts of Interest transactions, and prevents conflicts of interest.
Corporate Misconduct Securities fraud is a crime with a 25-year, federally
and Crime appointed, sentence.
The existence and persistence of financial crisis in the United States and the
resulting global economic meltdown is commonly viewed as serious since
the Great Depression. The global competitiveness of U.S. capital markets
to a significant extent depends on the reliability of financial information in
assisting investors to make sound investment decisions, cost-effective regula-
tion in protecting investors, and efficiency in attracting global investors and
companies. The U.S. free enterprise system has transformed from a system
in which public companies including banks and other financial institutions
were traditionally owned and controlled by small groups of investors to a sys-
tem in which businesses are owned by global investors. The United States has
achieved this widespread participation by adopting sound regulations, main-
taining high-quality disclosure standards and enforcement procedures that
protect the interests of global investors. Recent financial regulatory reforms
including the SOX and the Dodd-Frank Wall Street Reform and Consumer
Forensic Accounting Guidelines and Standards 79
Protection Act of 2010 (DFA) are intended to protect global investors and
consumers.21 Dodd-Frank Act is named after Senate Banking Committee
Chairman Christopher Dodd (D-CT) and House Financial Services Com-
mittee Chairman Barney Frank (D-MA) and its provisions pertain to banks,
hedge funds, credit rating agencies, and the derivatives market.
Investor confidence in public financial information and the financial
markets is the key driver of global competition, financial stability, and
economic growth. Investors are confident when stock prices are on an
upward trend and the news about future stock performance is optimistic.
The Dodd Frank Act (DFA) is intended to restore investor confidence
in corporate America and its financial system and financial services pro-
vided through the banking system. Reliable and transparent financial in-
formation contributes to the efficient functioning of the capital markets
and the economy. In recent years, investment banks and the major bro-
kerage firms have grown rapidly and generated record revenue. Failures
of the five major financial institutions of Goldman Sachs Group Inc.,
Bear Stearns Co., Morgan Stanley, Lehman Brothers Holdings Inc., and
Merrill Lynch & Co and subsequent government costly bailout of these
firms raise serious concerns about the value-adding activities of financial
services firms, their ethics and governance as well as the professional ac-
countability of their board of directors, senior management, internal and
external auditors, and other corporate governance participants. The lack
of public trust and investor confidence in corporate America, the Wall
Street and its financial dealings and reports, has continued to adversely
affect the vibrancy of the capital market as bailout banks and subsequent
continuous excessive executive compensation have left us with a legacy of
mistrust. This challenged policy makers and regulators to establish and
enforce more effective and efficient regulatory reforms as well as business
leaders to change their culture, behavior, and attitudes to restore confi-
dence and trust in the Wall Street.
Provisions of the Dodd Frank Act (DFA) that are relevant to forensic
accounting practices are summarized as follows:
3,052 SEC AAERs (1,214 firm misstatement events) issued between May 17,
1982 and September 1, 2018. It contains 3941 firm misstatement events that
affect at least one of the firms’ quarterly or annual financial statements. The
dataset consists of three data files: The Details, Annual, and Quarterly files.
The Annual and Quarterly files are compiled from the Detail file and
are formatted by reporting period when the misstatement occurred.
Exhibit 4.3
Sample of the selected SEC Accounting and Auditing
Enforcement Releases (AAERs) 2000–2018
Date Event ID
June 14, 2018 RSM LLC, AAER 3943
June 6, 2016 Michael Mona, Jr., AAER 3942
Forensic Accounting Guidelines and Standards 83
Date Event ID
May 4, 2018 David Leboe, CPA AAER 3941
May 4, 2018 Kevin McAller, CPA AAER 3940
May 4, 2018 Winter, Kloman, Moter & Repp. AAER 3939
April 30, 2018 Panasonic Corporation AAER 3938
April 24, 2018 Altaba Inc. AAER 3937
April 23, 2018 The Dun & Bradstreet Corporation AAER 3936
March 13, 2018 KPMG AAER 3927
March 13, 2018 Deloitte & Touche AAER 3928
March 13, 2018 BDO LLP AAER 3926
July 27, 2017 Halliburton Company and Jeannot Lorenz AAER 3884
January 19, 2017 Homestreet Inc and Darrell Van Amen AAER 3852
January 18, 2017 General Motors Company AAER 3850
December 6, 2016 KPMG LLP AAER 3834
November 17, 2016 JP Morgan Chase & Co. AAER 3824
October 20, 2016 FMC Technologies, Jeffrey Favret, and Steven Croft AAER
3816
October 18, 2016 Ernst & Young LLP, Crag Fronckiewicz, and Sarah Adams
AAER 3814
September 30, 2016 GlaxoSmithKline plc AAER 3810
September 28, 2016 Anheuser-Busch AAER 3808
September 19, 2016 Ernst & Young AAER 3803 and 3802
March 1, 2016 Qualcomm Inc. AAER 3751
February 9, 2016 Monsanto AAER 3741
December 2, 2015 Grant Thornton AAER 3718
January 28, 2015 First National Community Bancorp Inc AAER 3622
December 8, 2014 BKD, LLP AAER 3603
September 29, 2014 Bank of America Corporation AAER 3588
September 25, 2014 Mayer Hoffman McCann P.C. AAER 3587
April 8, 2014 CVS Caremark Corp. AAER 3549
September 19, 2013 JP Morgan Chase AAER 3490
April 24. 2013 Capital One Financial Corporation, Peter Schnall, and David
LaGassa AAER 3456
August 8, 2012 Pfizer AAER 3399
February 6, 2012 Smith & Nephew PLC AAER 3363
April 8, 2011 Johnson & Johnson AAER 3261
(Continued )
84 FORENSIC ACCOUNTING AND FSF, VOLUME I
Date Event ID
May 5, 2004 Moore Stephens Chartered Accountants (United Kingdom)
and Peter D. Stewart, A Partner, Sanctioned by Institute of
Chartered Accountants in England and Wales for Failures in
Connection with Audits of Financial Statements Filed with
the SEC; AAER 2002
January 16, 2004 Corrpro Companies, Inc. AAER 1944
November 10, 2003 WorldCom Inc. AAER 1909
July 16, 2003 Xaibe, Inc. and Lowell Nicholas AAER 1814
April 1, 2003 Thomas & Betts Corporation, et al. AAER 1747
January 13, 2003 Anika Therapeutics, Inc., J. Melville Engle and Sean F.
Moran AAER 1699
September 19, 2002 Motorcar Parts and Accessories, Inc. and Peter Bromberg
AAER 1629
July 17, 2002 Avon Products, Inc. AAER 1595
June 21, 2002 Rite Aid Corporation AAER 1579
June 3, 2002 Microsoft Corporation AAER 1563
March 27, 2002 Kimberly-Clark Corporation and John W. Donehower
AAER 1533
January 15, 2002 BellSouth Corporation AAER 1495 and 1494
December 6, 2001 Pinnacle Holdings, Inc. AAER 1476
October 2, 2001 Millionaire.com and Robert L. White AAER 1462
June 19, 2001 Arthur Andersen LLP AAER 1405
February 5, 2001 Secure Sign, Inc. (formerly YourBankOnline.com)
AAER 1366
December 21, 2000 International Business Machines Corporation AAER 1356
September 19, 2000 Pier 1 Imports, Inc. AAER 1303
June 30. 2000 Allegheny Health, Education and Research Foundation
AAER 1283
January 5, 2000 Model Imperial, Inc. AAER 1214
Exhibit 4.4 shows that two events are associated with disclosure of al-
leged FSF. The first event is when the allegation of FSF was initially
publicly disclosed (public disclosure) and the second event is when
the SEC or the DoJ officially and publicly disclose their enforce-
ment against public companies for the allegation of FSF (enforcement
disclosure).
86
Exhibit 4.4
The Timeline for Financial Statement Fraud (FSF) and the SEC Actions
Public Disclosure
of SEC
First Public Disclosure
Investigation
of alleged FSF
Time
Revelation Period
Forensic Accounting Guidelines and Standards 87
Conclusion
Forensic accountants in practicing forensic accounting services must
comply with their professional standards and codes of conduct of sev-
eral authoritative bodies and governmental agencies. This chapter pre-
sented authoritative guidelines applicable to forensic accountants. Many
professional standards applicable to forensic accountants are integrity
and objectivity, skepticism, confidential information, competency, and
due professional care. Professional responsibility standards and codes of
conduct were discussed in this chapter. The demand for and interest in
forensic accounting education and research are expected to continue to
increase as more scholars conduct research in fraud and nonfraud-related
issues and universities offer courses and programs in forensic accounting.
Action Items
1. Comply with applicable professional responsibility standards.
2. Observe applicable codes of conduct and professional ethics.
3. Understand all rules and regulations relevant to practice of forensic
accounting.
4. Comply with all applicable laws, rules, regulations, standards, and
best practices.
Endnotes
1. AICPA. 2017. Forensic Accounting.https://www.aicpa.org/interestareas/
forensicandvaluation/resources/litigation.html
2. The United States Courts. 2018. http://www.uscourts.gov/
3. AICPA. August 31, 2017. AICPA Code of Professional Conduct. http://
pub.aicpa.org/codeofconduct/ethicsresources/et-cod.pdf, (accessed
December 5, 2017).
4. AICPA. 2007. Statements of Standards for Valuation Services. https://
www.aicpa.org/interestareas/forensicandvaluation/resources/standards/
downloadabledocuments/ssvs_full_version.pdf
5. Chartered Professional Accountants of Canada. n.d. Standard Practices.
https://www.cpastore.ca/Catalogue/ShowSampleToc.aspx?productID
=1&spID=8&expID=345608949~1
88 FORENSIC ACCOUNTING AND FSF, VOLUME I
21. Dodd–Frank Wall Street Reform and Consumer Protection Act (DOF).
H.R.4173. Available at https://www.congress.gov/bill/111th-congress/
house-bill/4173/text
22. Securities and Exchange Commissions (SEC). Accounting and Au-
diting Enforcement Releases (AAAERs). http://www.sec.gov/divisions/
enforce/friactions.shtml
23. Ibid.
CHAPTER 5
Forensic Accounting
Practices, and Education
and Research
Executive Summary
Forensic accounting has advanced from a narrow focus on fraud inves-
tigation to a profession with certification, education, and research in
performing a variety of fraud and nonfraud services. Forensic account-
ants should possess education, knowledge, experience, and expertise in
accounting, auditing, business, finance, law, psychology, and criminology.
This chapter presents the structure of the legal system relevant to forensic
accounting practice as well as forensic accounting education and research.
Introduction
Forensic accounting is considered as an important and rewarding field of
accounting to investigate fraud and nonfraud incidents. In such an increas-
ingly unstable economic and litigious environment, there has been significant
growth in the demand for and interest in forensic accounting and investigative
fraud and nonfraud services. To effectively perform litigation consulting, ex-
pert witnessing, valuation, and fraud investigation services, forensic account-
ants should understand the structure of the legal system as well as forensic
accounting best practices and education and research presented in this chapter.
the basics of civil and criminal laws, dispute resolution, and federal and
state rules of evidence and procedure applicable to forensic accounting
practices. It also provides a description of the federal and state courts and
an introduction to other applicable laws, rules, regulations, guidance, and
agencies relevant to forensic accounting practices.
The process for civil litigation and related lawsuits generally starts with dis-
agreements and disputes among parties including individuals, businesses,
or government and nongovernment entities. Civil lawsuits typically pro-
ceed through systematic steps: pleadings, discovery, trial, and appeal in the
absence of voluntarily settling at any time before reaching trial or the use
of arbitration.1 Civil litigation statistics show, on the federal level, that 409
civil filings occurred with a median case time of 10.1 months (measure of
filing to conclusion) during the first 3 months of 2018. The total number
of civil cases in 2018 amounted to 277,010. The most common type was
prisoner petitions, which contained 53,965 cases. The remaining top five
were personal injury/product liability, civil rights, other civil, and contracts
with 44,563, 40,371, 34,153, and 24,802 total cases, respectively.2
Pleadings
The civil litigation process begins here with the filing of papers by each
party involved in a lawsuit. In this portion, each side gets to explain its side
of the dispute. Pleadings are composed of two core components: the com-
plaint and the answer. The complaint describes what the defendant did or
failed to do that was the direct cause of harm and injury to the plaintiff
and the legal basis for holding the defendant responsible for that harm.3
The answer is a phase in which the defendant is given a specific
amount of time to file an answer to the complaint. During this period,
the defendant may reply by filing a counterclaim, which is when a de-
fendant claims that the plaintiff caused injury and must pay damages. In
some cases, a request for clarification, amendments to factual allegations
or legal theories, or dismissal can be achieved. After any replies are stated,
the court now has the parameters for which issues can be resolved.4
Forensic Accounting Practices, and Education and Research 93
Discovery
Discovery begins after a lawsuit is filed and stops shortly before the trial.
During this period, parties seek information, about facts and issues, from
one another as well as third parties. These requests are formally issued
and may be questions, document requests, admission (admitting or deny-
ing facts) requests. Because of discovery being an important part of legal
proceedings, there are various methodologies that can be applied. First,
a deposition is a statement made from court under oath. The purpose
of depositions is to give the opposing party and idea of the content of
the upcoming trial. It can be given orally, via tape, or in writing. Along
with the depositions, interrogatories may be conducted, which are writ-
ten questions for the other party to answer.5
Trial
Forensic accountants take part in civil trials. In a civil trial, there are many
phases, including pretrial, jury duties, examination of evidence, and mo-
tions. In the pretrial phase, the complainant files for the case to be heard
in court and the defendant is the firm being charged with the offense. The
defendant can admit guilt or deny the accusation. In the court, the jury is
selected before the proceedings begin by the judge. This process is called voir
dire, meaning to speak truthfully. This is done so that bias is not brought into
the court proceedings. If the juror does not meet this criterion, another juror
is selected. After selection of the jury, the trial commences. During the trial,
evidence is examined both directly and in parallel. Before the examination,
evidence must be determined to be either direct or circumstantial in nature.
Direct evidence is clear and usually involves the obvious including weap-
ons, admittance of guilt, and eyewitness accounts. Circumstantial evidence
is much more difficult to facilitate as it involves an inference of fact. This type
of evidence includes the crime scene and expert testimony.
The court uses various methods to question and verify evidence in
court proceedings. Direct examination involves both types of evidence
mentioned in the previous paragraph. The witnesses must keep opinions
out of the statements made to avoid a biased testimony. Cross-examination
is a by-product of direct examination and involves the defendant’s lawyer
94 FORENSIC ACCOUNTING AND FSF, VOLUME I
pondering evidence to test its credibility. At the end of the trial, a motion
is given. This motion determines whether the trial is over, and the jury
can examine all the evidence and make the verdict.6
Appeal
To begin the appeal process, a notice of appeal must be filed with the
court if it is allowed. Because of forensic accountants being involved in
civil cases, the appeal can be done by either party (defendant or plaintiff).
An appeal is usually done before trial proceedings commence, but it can
be done after the trial is over. The party appealing must write a brief,
which is a documented statement discussing why the party believes the
decision was factually incorrect. An oral rebuttal to the decision is accept-
able in some cases. After the case is appealed, judges may form a dissent-
ing opinion, which is a disagreement with the majority, or a concurring
opinion, which agrees with the majority. If the appeal is unsuccessful, it
can be appealed to a higher court. If it is not, the verdict stands. If the
appeal is successful, it will return to the lower courts to be retried. This
is allowed because the US Constitution protects against double jeopardy,
which means being tried repeatedly for the same crime.7
Alternatives to Litigation
Businesses may want to avoid normal court proceedings but still find a
resolution to the problem. The process to address this issue is called Al-
ternative Dispute Resolution (ADRs). There are many types of ADRs, in-
cluding mediation and arbitration. Mediation is peaceful and designed to
arrive at an agreement, as opposed to general litigation proceedings. This
bypasses a jury and other forms of legal proceedings and lawyers are not
required. An arbitration always involves lawyers with subpoena power;
each side can present a case.8
Alternatives to litigation are usually used when pursing a case through
normal court proceedings would be more costly than beneficial (cost–benefit
analysis). It is important to note that sometimes courts may require ADRs,
which is less common than individuals deciding to pursue this form of legal
reprieve. According to the United States Department of Justice, in 2017,
Forensic Accounting Practices, and Education and Research 95
Criminal Proceedings
The above-mentioned processes for civil trials are identical for criminal
proceedings except for the pretrial. In a criminal pretrial, the process
changes on the basis of how serious the offense is. For example, felonies
are more punishable by federal law, as opposed to misdemeanors, which
are generally locality-based offenses. Every other crime lower than the
preceding two, is usually punishable by fines.10According to the Depart-
ment of Justice, in 2016, there were 66,961 criminal cases at year end.
Of those cases resolved, 50,973 defendants were found guilty, 148 were
found not guilty, and 2,582 were dismissed. Broken down by crime type,
the top three crimes were drug offenses, violent crime, and white-collar
crime, each totaling at 11,731, 11,688, and 4,791, respectively. The De-
partment of Justice releases criminal court statistics every fiscal year.11
in Israeli bank accounts. He had an account in Bank Lumei and two other
banks, which he connected to his business, Apparel Limited, Inc. He hid
23.5 million in these banks to avoid paying tax to the IRS by not disclos-
ing his income on his 2006 to 2012 tax returns.18
The FBI, situated in the United States, places high value on investi-
gating and solving white-collar crime. In the 2016 Fiscal Year, the FBI,
in its report on Health Care Fraud and Abuse Control Program, high-
lighted several cases that it solved using its Strike Force team. The first
case, Regent Management Services L.P., a nursing company, was receiving
kickbacks from several companies regarding ambulatory transportation
services. These kickbacks were given in trade for very prominent Medi-
care and Medicaid transportation referrals. The Strike Force (SF) found
out about this and charged Regent Management Services a fine total-
ing $2.7 million in 2015. As a resolution to this case, Regent had to
enter into a Corporate Integrity Agreement, a contract established by the
HHS-OIG, for 5 years. This is the first case in U.S. history in which any
medical company was held responsible for the kickbacks. Another case
took place in June 2016, in which the FBI SF team found that Irving
Holdings, one of the biggest taxicab firms in the United States, gave the
State of Texas government a false affidavit pertaining to 10 North Texas
business’ and individuals. The total payout was $1.1 million.19
Exhibit 5.1 summarizes many high-profile and profound fraud cases that
have happened in the past 20 years. The most notable is the Enron scandal,
which is the largest accounting scandal to date, amounting to $74 billion over
4 years. As a result, Congress established the PCAOB which resulted from
the SOX. Now the SEC has established new regulations regarding securities
and FSF. There were several cases that happened in 2007, including Qwest,
UBS, and Mc’Afee. Collectively, the companies were fined $69 million and
many CEOs were let go. Most of the cases in Exhibit 5.1 pertain to financial
statement or securities fraud, and as a result, disclosure of the cases to the
public is mandated by law. The effectiveness of SOX can be questioned as
a result of several of these high-profile crimes. The passed legislation, which
promised to reduce fraud, has not held true. The overall fraud rate has not
had a significant change since 2002. This is made evident by Exhibit 5.1,
which displays many damaging cases after the SOX era.
Forensic Accounting Practices, and Education and Research 99
Exhibit 5.1
The Most Profound Fraud Cases
Fraud Description
Qwest • Insider Trading
communications • Year committed 2007
international • Sold more than $100 million in Qwest stock while in
possession of material nonpublic information regarding Qwest
financial health
• Ordered to pay fine $19 million, CEO was ordered to serve
6 years in prison
Adelphia • Accounting Financial Fraud
Communications • One of the most extensive frauds ever to take place in public
Corporation • Defrauded company’s shareholders and creditors out of
millions of dollars
• CEO and CFO were sentenced to 15 and 20 years in prison.
• Family of founder was forfeited in excess of $1.5 billion.
Enron • Largest accounting scandal in history.
• Many executives were charged with felonies and went to
prison.
• Counts included securities fraud, money laundering, making
false statements to banks, securities fraud, money laundering,
and so on.
• Shareholders lost $74 billion in the 4 years before the
company’s bankruptcy.
• Enron filed for bankruptcy on December 2, 2001 under
Chapter 11, with assets of $63.4 billion; it was the largest
corporate bankruptcy in U.S. history until WorldCom’s 2002
bankruptcy.
Reebok • Insider Trading
• Year committed 2006
• Massive insider trading scheme that resulted in more than
$6.7 million in illicit gains
• An associate at Goldman Sachs, an investment banking
analyst at Merrill Lynch and several other defendants were
convicted and pled guilty.
UBS • Insider Trading
• Year Committed 2007
• An executive director at UBS, a former in-house attorney at
Morgan Stanley devised and participated in a scheme that
provided them with $8 million of illegal profits.
• 8 of the 13 defendants have pled guilty.
(Continued )
100 FORENSIC ACCOUNTING AND FSF, VOLUME I
Fraud Description
Parmalat • Falsified accounting documents to show a bank account with
€3.95 billion to cover up losses and debts
• A fraud investigation was launched, and the company went
bankrupt.
• The CEO was charged with financial fraud and money
laundering and was sentenced to 10 years in prison.
Satyam • Made fake customer records in order to inflate revenue and
obtain fraudulent loans and advances
• Share prices plummeted, the chairman resigned, and the
company restated its financial records for the 2002–2008 period.
• The former chairman was charged with several offenses. The
SEC fined Satyam and its former auditor Price Waterhouse
Coopers’ Indian affiliates a total of $16 million after probing
the scandal.
Olympus • Inappropriately covered losses on its investment dating to the
1990s by using value-inflated acquisitions.
• Olympus’ share price fell by about 75% and investigations were
made into the company in the United States, Britain, and Japan.
• The company’s chairman and two former executives were
arrested in Tokyo and could serve jail term. Eight executives
will also take pay cuts of between 30% and 50%.
Iran’s largest case • This case resulted in the arrest of more than 50 suspects,
of bank fraud including some government officials.
• At least 39 defendants were charged with fraudulent criminal
activities, and four of them were sentenced to death.
105
(Continued )
106
Exhibit 5.2 (Continued)
Time Dependent Explanatory
Author(s) Data Source(s) Period Purpose Variables Variables Findings
Griffin, Grundfest Stanford Law and 2002 Insider trading’s effect on Insider Fraud Insider selling Insider trading,
Economics fraud once known, has a
significant effect on
investors.
Grove, Hugh Journal of Forensic 2014 Use fraud models to improve Forensic Fraud models, ratios, Models were effective
Clouse, Mac & Investigative forensic analysis across Analysis warning signs of fraud
Accounting continents
Ham, Lang, Journal of 1986–2015 Analyze CFO narcissism’s Financial CEO narcissism Through lab analysis,
Seybert, Wang Accounting effect on financial reporting Reporting narcissism is directly
Research Quality related to financial
misreporting.
Huber, Dennis Research in 2013 To determine whether Forensic Regulations State-level legislation
Accounting regulation of the forensic accounting is best for regulation of
Regulation accounting profession is profession forensic accounting.
necessary
Kanapickiene, Rasa Procedia and 2015 Using financial ratios to Fraudulent Ratios, financial Profitability, liquidity,
Grundiene, Zivilie Elsevier detect fraudulent behavior behavior statements activity, and structural
ratios are the best ratios
used to detect fraud.
Karpoff, Lou Journal of Finance 2010 Short seller’s ability to detect Short selling Data Short sellers can
firm fraud fraud misrepresentation, identify fraud quickly.
short interest
Markelevich Contemporary 2013 To examine if the fees Fraudulent Audit fees, audit Higher non-audit(NA)
Ariel Accounting auditors charge are linked to firms engagements fees indicate higher
Rosner Research financial reporting fraud degrees of fraudulent
Rebecca behavior.
Mulig, Liz Journal of Forensic 2017 Using internal controls to Fraud Red flags Internal controls are
Prachyl, Cheryl & Investigative detect red flags needed to detect red
Accounting flags.
Rezaee Critical Perspectives 2005 Using the term “crime” to Financial CRIME (Cookies, Fraudulent behavior
Zabihollah on Accounting identify FSF Recipes, Incentives, damages investor
Monitoring, End confidence and
results) decreases investments.
Rezaee Descriptive 2002– 2016 Present a synthesis of Business Economic, governance, The goal of firm
Journal of research in business sustainability social, ethical, and value creation can
Accounting sustainability in the past environmental be achieved when
Literature, 2016 decade management creates
a shared value for all
stakeholders.
Rezaee, Hogan, American 2008 Academic Research’s effect FSF Academic research, SAS 99 is warranted,
Riley Jr., Velury Accounting on FSF incentives, pressures use of fraud detection
Association, tools are mixed, and
Auditing: A journal further exploration
of practice and theory, of fraud indicators is
November 2008 needed.
107
(Continued )
108
Exhibit 5.2 (Continued)
Time Dependent Explanatory
Author(s) Data Source(s) Period Purpose Variables Variables Findings
Skousen, Smith, SSRN 1997–2008 Show how the fraud triangle FSF Fraud Triangle and The fraud triangle has
Wright and SAS no.99 impact FSF SAS 99 a direct correlation
with FSF.
Wang, Chen, Chin, Journal of 2017 Investigate connection Fraudulent Managerial ability, Better management
Zheng Accounting and between political, business, reporting politics leads to less reporting
Public Policy and social drivers and fraud.
financial reporting fraud
Wuerges, Artur Corporate Law: Law 2011 Using logit models to Accounting Pressure, opportunity, SEC not fit to handle
Borba, Jose & Finance e-journal estimate the detection of fraud rationalization (fraud fraud on broad scale,
fraud triangle) increasing assets leads
to less fraud.
Forensic Accounting Practices, and Education and Research 109
113
4. Role-playing
(Continued )
114
Exhibit 5.3 (Continued)
Course Course
Course Description Course Objective Requirements Prerequisites Text Book Assignments University
General survey reviewing Know the following Manning, 1. Text book reading Canyon
both the nature and scope of concepts: George A. (2000) 2. Research paper College
white-collar criminal activity The Economics of Financial
in the United States Crime Investigation
Financial Crime and Forensic
Expenditure Theory Accounting. Boca
Illicit Offshore Raton, Florida:
Activities CRC Press. ISBN
Net Worth Analysis #: 0849304350
Expenditure Theory
Organized Crime
Sources of
Information
Accounting and
Audit Techniques
Money Laundering
1. Increase fraud Robertson, J.C., 1. Reading of DePaul U
awareness. Fraud Examination textbook
2. Learn aspects of for Managers and 2. Discussion
fraud detection. Auditors (FEMA) 3. Paper
(Austin: Association
of Certified Fraud
Examiners)
3. Obtain insight on
fraud prevention
and identify
weaknesses in
internal control
systems.
Wells, Joseph T.,
Occupational Fraud
and Abuse (OFA)
(Austin: Obsidian
Publishing
Company)
1. Study and application 1. Understand the ACC 311 Occupational 1. Topic paper California
of the procedures and role of accountant Fraud and 2. Project State
techniques used in the in prevention, Abuse—Wells Polytechnic U
prevention, investigation, detection, and (1997)
and detection of fraud and investigation of Financial
white-collar crime. fraud. Shenanigans—
2. Study of social, ethical, legal, 2. The motivation Schilit (2002)
and political considerations for perpetrators of Selected Articles
that surround fraud fraud Provided by
3. The warning Instructor
signs of fraudulent
activity
115
116 FORENSIC ACCOUNTING AND FSF, VOLUME I
119
120 FORENSIC ACCOUNTING AND FSF, VOLUME I
123
124 FORENSIC ACCOUNTING AND FSF, VOLUME I
Conclusion
Forensic accountants should possess education, knowledge, experience,
and expertise in accounting, auditing, business, finance, law, psychology,
and criminology. This chapter presents the structure of the legal system
relevant to forensic accounting practice as well as forensic accounting ed-
ucation and research. Business colleges and accounting programs should
integrate forensic accounting education into the business and account-
ing curricula for preparing and training future generations of forensic
accountants who are competent and ethical in conducting fraud and
nonfraud examination. Future research should also explore new methods,
technology, and advances in forensic accounting practices.
Action Items
1. Understand the structure of the legal system.
2. Apply forensic accounting research and education in practicing for-
ensic accounting.
3. Participate in forensic accounting courses and programs to meet pro-
fessional continuing education requirements.
4. Conduct research on fraud and nonfraud forensic accounting issues
that provide policy, educational, and practical implications.
Endnotes
1. Stoel Rives LLP. 2012. How Does a Lawsuit Work? Basic Steps in the
Civil Litigation Process. https://www.stoel.com/how-does-a-lawsuit-
work-basic-steps-in, (accessed December 7, 2017).
2. UScourts. 2018. Federal Court Management Statistics. http://www
.uscourts.gov/statistics/table/na/federal-court-management-
statistics/2018/03/31-1
3. Ibid.
4. Ibid.
5. American Bar Association. 2017. Discovery. https://www.american-
bar.org/groups/public_education/resources/law_related_education_
network/how_courts_work/discovery.html
Forensic Accounting Practices, and Education and Research 125
19. HHS. January, 2016. Health Care Fraud and Abuse Control Program
Annual Report for Fiscal Year 2016. https://oig.hhs.gov/publications/
docs/hcfac/FY2016-hcfac.pdf, (accessed November 21, 2017).
20. Ernst and Young (EY). 2014. Global Forensic Data Analytics
Survey 2014. http://www.ey.com/GL/en/Services/Assurance/Fraud-
Investigation---Dispute-Services/EY-Global-Forensic-Data-Analyt-
ics-Survey-2014, (accessed March 14, 2018)
21. Ibid.
22. Z. Rezaee, D.L. Crumbley, and R.C. Elmore. 2004. “Forensic Ac-
counting Education: A Survey of Academicians and Practitioners,”
Advances in Accounting Education 6, pp. 193–231.
23. M. Seda, and B.K. Peterson Kramer. 2014. “An Examination of the
Availability and Composition of Forensic Accounting Education in
the United States and Other Countries,” Journal of Forensic & Inves-
tigative Accounting 6, no. 1, pp. 1–46.
24. Ibid.
25. Ibid.
26. S. Ramamoorti. 2008. “The Psychology and Sociology of Fraud:
Integrating the Behavioral Sciences Component into Fraud and
Forensic Accounting Curricula,” Issues in Accounting Education. http://
proquest.umi.com.proxy1.ncu.edu/pqdweb?did=1613190661&sid=6
&Fmt=4&clientId=52110&RQT=309&VName=PQD, (accessed
September 22, 2010).
27. Rezaee, Crumbley, and Elmore. 2004.
28. Ibid.
About the Author
Dr. Zabihollah (Zabi) Rezaee, PhD,
CPA, CMA, CIA, CFE, CGFM, CSOXP,
CGOVP, CGRCP, CGMA, and CRMA is
the Thompson-Hill Chair of Excellence,
PhD coordinator and professor of accoun-
tancy at the University of Memphis and
has served a two-year term on the Stand-
ing Advisory Group (SAG) of the Public
Company Accounting Oversight Board
(PCAOB). He received his BS degree from the Iranian Institute of Advanced
Accounting, his MBA from Tarleton State University in Texas, and his PhD
from the University of Mississippi. He holds 10 certifications, including
Certified Public Accountant (CPA), Certified Fraud Examiner (CFE), Cer-
tified Management Accountant (CMA), Certified Internal Auditor (CIA),
Certified Government Financial Manager (CGFM), Certified Sarbanes-
Oxley Professional (CSOXP), Certified Corporate Governance Professional
(CGOVP), Certified Governance Risk Compliance Professional (CGRCP),
Chartered Global Management Accountant (CGMA), and Certified Risk
Management Assurance (CRMA). He served as the 2012–2014 secretary of
the Forensic Accounting (FIA) Section of the American Accounting Asso-
ciation (AAA) and is currently serving on Auditing Standards Committee
of the Auditing Section of the AAA. He was one of the finalists for the pos-
ition of the Faculty Trustee at the University of Memphis in 2016 and the
Ombudsperson position in 2017. He is the incoming editor of the Journal
of Forensic Accounting Research of the AAA (2019–2020). He has served as
expert witness and testified in federal courts.
Rezaee has published over 220 articles, made more than 230 presenta-
tions, and has written 11 book chapters. He has also published 12 books:
Financial Institutions, Valuations, Mergers, and Acquisitions: The Fair Value
Approach; Financial Statement Fraud: Prevention and Detection; U.S. Mas-
ter Auditing Guide 3rd edition; Audit Committee Oversight Effectiveness
128 ABOUT THE AUTHOR
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Forensic Accounting and Financial Accounting, Auditing
REZAEE
THE BUSINESS
EXPERT PRESS Financial Statement Fraud, and Taxation Collection
DIGITAL LIBRARIES Volume I Mark S. Bettner, Michael P. Coyne, and Roby Sawyers, Editors
Forensic
BUSINESS STUDENTS
Curriculum-oriented, born- Zabihollah Rezaee
digital books for advanced The existence and persistence of high profile alleged financial
Accounting
business students, written statement fraud (FSF) have negatively affected the safety and
by academic thought soundness of financial markets and investors confident in public
leaders who translate real- financial information. Forensic accounting has advanced as an
and Financial
world business experience important and rewarding field of accounting to prevent, detect
into course readings and and correct FSF. There has been significant demand for and in-
Statement Fraud,
investigation and litigation services.
students expecting to tackle
The first volume addresses the relevance and importance of for-
management and leadership
ensic accounting and fraud examination as well as the framework
challenges during their
Volume I
and structure of forensic accounting practices. The author pres-
professional careers. ents an introduction to forensic accounting and financial state-
POLICIES BUILT ment fraud examination and their relevance and importance to
businesses, financial markets, economies and society. Also dis-
BY LIBRARIANS
• Unlimited simultaneous
usage
cussed is forensic accounting opportunities, skills, and services;
forensic accounting profession; and professional responsibilities
and codes of conduct for forensic accountants. Finally, forensic ac-
Fundamentals of
Forensic Accounting
• Unrestricted downloading counting best practices, education, and research are touched on.
and printing
• Perpetual access for a Dr. Zabihollah (Zabi) Rezaee, PhD, CPA, CMA, CIA, CFE, CGFM,
one-time fee CSOXP, CGOVP, CGRCP, CGMA and CRMA, is the Thompson-Hill
• No platform or Chair of Excellence, PhD coordinator and professor of accountan-
maintenance fees cy at the University of Memphis. He also served a two-year term
• Free MARC records on the Standing Advisory Group of the Public Company Account-
ing Oversight Board (PCAOB). He received his BS degree from the
• No license to execute
Iranian Institute of Advanced Accounting, his MBA from Tarleton
The Digital Libraries are a State University in Texas, and his PhD from the University of
comprehensive, cost-effective Mississippi. Dr. Rezaee holds ten certifications, including certi-
way to deliver practical fied public accountant (CPA) and certified fraud examiner (CFE).
treatments of important
business issues to every
He served as the 2012–2014 secretary of the Forensic Account-
ing Section of the American Accounting Association (AAA) and
Zabihollah Rezaee
is currently the editor of the Journal of Forensic Accounting Research
student and faculty member. (JFAR). Professor Rezaee has published over 220 articles and made
more than 240 presentations, written 11 books including the two
books on Corporate Governance and Audit Committees published
by the Business Expert Press. He has testified before the Federal
For further information, a Courts as the expert witness.
free trial, or to order, contact:
Financial Accounting, Auditing
and Taxation Collection
Mark S. Bettner, Michael P. Coyne, and Roby Sawyers, Editors