You are on page 1of 40

So What is Forensic

Accounting?
BST Valuation and Litigation Advisors, LLC
26 Computer Drive W.
Albany, NY 12205
(800) 724-6700
www.bstadvisors.com

BST Valuation & Litigation Advisors 1


This is Not Forensic Accounting

BST Valuation & Litigation Advisors 2


Nor is This

BST Valuation & Litigation Advisors 3


Forensic Accounting is not Internal
Controls

BST Valuation & Litigation Advisors 4


Caution: Controls Do Not
1. Guarantee fraud will not occur.
2. Guarantee errors will not occur.
3. Guarantee management will abide by controls.
4. Guarantee fraud will be detected.
5. Guarantee errors will be detected.
6. Guarantee collusion will not occur.
7. Guarantee staff will follow controls.
8. Internal controls are only responsible for detecting
20% of all known frauds.

CA
UT
ION

BST Valuation & Litigation Advisors 5


This is Forensic Accounting

Bad News: A married white male in his 50’s, with an


undergraduate degree is your worst nightmare.

BST Valuation & Litigation Advisors 6


Forensic Accounts Do not
Discriminate

BST Valuation & Litigation Advisors 7


Forensic Accounting is Examining
the Dark Side

BST Valuation & Litigation Advisors 8


Forensic Accounting is….
The special forces of
auditing, i.e., your worst
nightmare. In God we
trust, all others we audit!

BST Valuation & Litigation Advisors 9


Let’s Start With the Word “Forensic”

“Forensic”, by definition, means belonging


to or having application in courts of law.

This definition encompasses any legal


proceeding wherein judicial action is
pending or has been taken by a trier of fact.

BST Valuation & Litigation Advisors 10


Forensic Accounting:
as Defined by the AICPA!
“The applications of accounting principles,
theories, and discipline to facts or hypotheses at
issue in a legal dispute is called forensic accounting.
It includes every branch of accounting knowledge.”

BST Valuation & Litigation Advisors 11


Accounting + Auditing + Economics
Statistics + Investigative Skills
Forensic CPAs require accounting, auditing,
investigative skills and a working knowledge of
economics and statistics to conduct their work.
Of equal importance is their ability to react
quickly and to communicate financial
information in a clear and concise manner .

BST Valuation & Litigation Advisors 12


What’s Involved in Forensic Accounting?
Data - (Lots of it!) Identify, collect, analyze, and interpret
financial and non-financial data;

Spreadsheets – Develop computerized applications to assist in


the analysis & presentation of financial data;

BST Valuation & Litigation Advisors 13


What’s Involved in Forensic Accounting?
Reporting - Communicate findings in the form
of reports, schedules and pertinent documents;

Courtroom - Assist in legal proceedings,


including testifying in court as an expert
witness and preparing visual aids to support
findings and opinions.

BST Valuation & Litigation Advisors 14


A Typical Forensic Accounting Practice

Litigation Support

Business Valuations

Investigative Accounting

Insurance Loss Accounting

BST Valuation & Litigation Advisors 15


What is “Litigation Support”?
“Litigation Support”, includes providing accounting
and financial assistance in matters involving
litigation, oftentimes with issues related to the
quantification of economic damages.

BST Valuation & Litigation Advisors 16


Litigation Support: Engagements
Lost Earnings in Commercial Cases – breach of contract,
intellectual property, accountant’s liability, business
interruption claims.

Domestic Relations – enhanced earnings capacity, tracing &


apportionment of assets, hidden asset search, tax
considerations.

Lost Earnings for Individuals – personal injury, wrongful


termination, wrongful death, medical malpractice.

Pre-Trial Consulting – assistance with discovery and questions


for depositions, case strategy development, settlement
assistance.
BST Valuation & Litigation Advisors 17
The Forensic Accountants Role
Consultant – Advise the clients about the facts,
issues and strategy of a case. Since we won’t testify
as an expert our work will generally be protected
from discovery by the attorney work-product
privilege.

Expert – As experts we’ll provide an expert opinion


at trial. The forensic CPA’s opinion usually relates to
business issues with which the CPA is familiar
because of special education, training or work
experience.

BST Valuation & Litigation Advisors 18


Business Valuations
Involves valuations of closely held businesses,
professional practices and enhanced earnings relating
to matrimonial matters, estate and gift tax planning,
transactions and commercial damages.

BST Valuation & Litigation Advisors 19


How About “Investigative Accounting”?
“Investigative Accounting” is quite often associated
with criminal matters. Related investigations are
typically focused on uncovering and quantifying
misappropriated, misstated, diverted or concealed
income and assets.

BST Valuation & Litigation Advisors 20


10%
Fraud
BST Valuation & Litigation Advisors 21
Investigative Accounting: Engagements
Employee Theft or Embezzlement
Financial Motive in Arson Cases
Insurance Fraud
Bankruptcy Fraud
Financial Statement Fraud
Tax Fraud
Securities Fraud

BST Valuation & Litigation Advisors 22


Insurance Loss Accounting: Engagements
Loss of Business Income
Stock and Contents Losses
Employee Theft & Dishonesty
No-Fault Auto - Lost Wages
Worker’s Compensation

BST Valuation & Litigation Advisors 23


The Value of Nothing

P
BST Valuation & Litigation Advisors 24
Vendor File Does Not Contain an
Address

Check # Check Date Check Amount Vendor Name Addresss


1001 1/3/2004 $225.95 ABC Co. 6 Kitty Lane
1002 1/8/2004 $1,212.97 SCHINDLER ELEV
1003 1/13/2004 $4,999.50 YORK CORP Box 17
1004 1/18/2004 $339.13 US FOODSERVICE CUST 1288 5th Ave
1005 1/23/2004 $473.98 OK DEPT OF TAX 2A Oak Lane
1006 1/28/2004 $250.81 W W GRAINGER 74 Woodlawn
1007 2/2/2004 $504.00 LJC LIGHTING SUPPLY 2 Barber Dr
1008 2/7/2004 $171.70 CLERK, DC SUPERIOR CT 107 Duncan Fife
1009 2/12/2004 $225.15 ABC.Co 4 Saradale

BST Valuation & Litigation Advisors 25


2 3 8
1 51
8 3
3
5 5 7 3 3
6 61 7 7 8 3
1
19 68 9 5 3 4
8 8 25 1 8
2
5 75 9 8 2 5
9
3
8
3
4
9 8 2
5 8 9 3
5

Digital Analysis
3
9 8
9

79 1 9
8 4
8 56 7 4 9 4
2 7 3 5
5 95
9 2 1
5
9 7
2 8 6 1
1
5 6 1 9 2 6 3 3 7
9 8 4 3 2 47 2
1 4 9 6 4 4 5
3 8 1
13 3 5 1 6 88 1
3 1 8 2
9 8 1 2 4
8 5 7 8 3 7 7 4 9
1 9 46 3 2 8 9 5 3
BST Valuation & Litigation Advisors
3 2
6 26 14
Benford’s Law
Multi digit numbers beginning with 1, 2 or 3 appear
more frequently than multi digit numbers beginning
with 4, 5, 6, etc.
The frequency of which these digits appear in nature
was published in “The Law of Anomalous Numbers

BST Valuation & Litigation Advisors 27


Percentages
Percentages
Digit - Position in Number

1st digit
1. 30%
2. 18%
3. 12%
4. 10%
5. 8%
6 7%

BST Valuation & Litigation Advisors 28


How Does This Help Us?
Because human choices are not random, invented
numbers are unlikely to follow Benford’s Law, I.e.,
when people invent numbers, their digit patterns
(which have been artificially added to a list of true
numbers) will cause the data set to appear unnatural.

BST Valuation & Litigation Advisors 29


Actual First and Second Digit
Frequency
8%

7%

6%

5%

4%

3%

2%

1%

0%
10
15
20
25

35

45
50

60

70

80
85

95
30

40

55

65

75

90
BST Valuation & Litigation Advisors 30
Caution
Does not work with Lottery
May not work for certain types of expenses in which
documentation is not required for expenses under a
certain category.
Authorization Levels.

BST Valuation & Litigation Advisors 31


Two or More Vendors
With the Same Address
Check # Check Date Check Amount Vendor Name Addresss
1001 1/3/2004 $225.95 ABC Co. 6 Kitty Lane
1002 1/8/2004 $1,212.97 SCHINDLER ELEV 295 Lape Rd
1003 1/13/2004 $4,999.50 YORK CORP Box 17
1004 1/18/2004 $339.13 US FOODSERVICE CUST 1288 5th Ave
1005 1/23/2004 $473.98 OK DEPT OF TAX 2A Oak Lane
1006 1/28/2004 $250.81 W W GRAINGER 74 Woodlawn
1007 2/2/2004 $504.00 LJC LIGHTING SUPPLY 295 Lape Rd
1008 2/7/2004 $171.70 CLERK, DC SUPERIOR CT 107 Duncan Fife
1009 2/12/2004 $225.15 ABC CO. 4 Saradale

P
BST Valuation & Litigation Advisors 32
Vendors With The Same
Federal I.D. Number
Check # Check Date Vendor Name Federal I.D. # System Check Formula
1001 1/3/2004 ABC Co. 147769783 1 =IF(D4=D5,1,"")
1006 1/8/2004 W W GRAINGER 147769783
1005 1/13/2004 OK DEPT OF TAX 147769900
1007 1/18/2004 LJC LIGHTING SUPPLY 148102746
1002 1/23/2004 SCHINDLER ELEV 148199941
1008 1/28/2004 CLERK, DC SUPERIOR CT 148532904

Sort, then input formula

P
BST Valuation & Litigation Advisors 33
Employee Analysis

Vendor address = employee address


Tax ID # = employee social security
number
Employee telephone = Vendor telephone

BST Valuation & Litigation Advisors 34


Forensic Accounting also
Involves Identity Theft Issues

BST Valuation & Litigation Advisors 35


Who Hires Forensic Accountants?
Insurance Companies
District Attorneys
Government Agencies
Banks
Police Departments
Public and Private Businesses
Accounting Firms

BST Valuation & Litigation Advisors 36


Qualifying a Forensic CPA!
Degree in accounting or related area
Hands-on experience in the areas of accounting, auditing
and taxation
Has a working knowledge of statistics and economics
Has specialized training from a quality organization with
a focus on forensic accounting and fraud training
Lastly, has on-the-job training in forensic work

BST Valuation & Litigation Advisors 37


Specialized Training Opportunities

Association of Certified Fraud Examiners (ACFE)


NYS Society of CPAs
AICPA Conference on Fraud & Litigation Services
Property Loss Research Bureau (PLRB)
American College of Forensic Examiners
Utica College and other colleges

Roback, Ferraro & Pehl, CPAs LLP 38


THE END

BST Valuation & Litigation Advisors 39


? ? ?
? ??
? ?
?
? ? ? ? ?
? ?1 ? ? ? ?
?
? ??
? ? ?
?
? ? ? ?
? ?? ? ? ?
? ?
?
?
? ? ?
? ? ?
?
?
Questions? ? ?
? ? ?
?
? Chris Rosetti ? ?
? ?
? ? crosetti@bstadvisors.com
? ? ?
BST Valuation & Litigation Advisors, LLC
? ? ? ? 26 Computer Drive West ? ? ?
? Albany, New York 12205
? Tel: 518-459-6700 / 800-724-6700  Fax 518-459-8492? ? ?
?
? www.bstadvisors.com ? ?
? ? ? ? ? ?
? ? ? ?
? ? ? ? ? ? ? ?
?
? ? ? ?? ?
? ?
? ? ? ? ?
? ? ? ? ? ? ? ?
? ?
? ? ? ? ? ? ? ?
? ? ?
?
? ? ?
BST Valuation?
? ? ? ?
& Litigation Advisors
? ?
? 40 ?
?

You might also like