In an all too simplistic description, the forensic
accountant is an experienced auditor, accountant and investigator of legal and
financial documents. In cases when a client has been charged with a fraud
against the government, public, or private business, or a fraud involving
insurance claims, real estate, investments and financial instruments, the
forensic accountant has the ability to analyze information and help establish a
solid defense. For those of you who prefer a formal definition, you may
unfortunately be out of luck, as no industry-wide denotation yet exists.
However, The Accountant's Handbook of Fraud & Commercial Crime, offers a
definition, which has been informally accepted by many forensic accounting
experts. It states:
"Forensic and investigative accounting is the
application of financial skills and an investigative mentality to unresolved
issues, conducted within the context of the rules of evidence. As a discipline,
it encompasses financial expertise, fraud knowledge, and a strong knowledge and
understanding of business reality and the working of the legal system. Its
development has been primarily achieved through on-the-job training, as well as
experience with investigating officers and legal counsel."
Because the field has just recently blossomed attorneys
who should be using the services of a forensic accountant are unaware of the
advantages, and those attorneys who have heard of forensic accountants may not
be sure of how the services might benefit them.
The skills of forensic accountants and their "expert
testimony" can be called upon in a variety of assignments. Providing
litigation support is an accurate but extremely broad description of the
possible services they provide. Expert witness testimony, discovery assistance,
validation of business facts, computation of damages, and determination of
compliance are some of the more specific services which are performed by the
forensic accountant.
However, one should not underestimate the scope or type of
case in which a forensic accountant may become engaged in. This work, like
everything in legal areas, tends to have subjective underpinnings. In many legal
disputes , forensic accountants may work for either the defending or prosecuting
attorneys. Although the very same information is examined by the forensic
accountant hired by the prosecutor, he or she will invariably produce numbers
starkly different from thus compiled by a forensic accountant retained by the
defense. These differing interpretations of financial data as expressed by the
"experts" run along the same parallel lines as two forensic professionalism
the medical field detailing their differing opinions of a scientific diagnosis.
So why else would an attorney utilize a forensic accountant? The forensic
audit/investigation can be used to unravel the hidden information that might
ultimately provide the financial support desired by the defense agreement. The
forensic accountant is consistently thinking in terms of how and why a fraud
might have been perpetrated and audit accordingly. If expenses in a certain cost
center seem high or revenue seem low, the forensic accountant does not just
attempt to determine reasonableness. In a phrase I coined which has been quoted
on many occasions, "While accountants look at the number, forensic
accountants look behind the numbers."
The process of criminal defense demands commanding
expertise, which a skilled forensic specialist can offer. Forensic accountants
are gaining more and more acceptance by the legal profession, thus we are witnessing the
inevitable growth in demand for its services. This growth makes it imperative
that the attorney knows where to find a qualified and experienced forensic
accountant. It should be understood that providing litigation support is not the
exclusive area of practice of CPAs. In many CPA firms, the accountants have
little or no experience in fraud auditing and even less experience in presenting
a defense for an individual accused of fraud. Statistics indicate that a CPA
with 20 years experience has probably never worked on a case involving fraud and
in all likelihood never testified in court. Therefore a logical source in
locating an expert forensic accountant, who is certified as a fraud examiner by
the Association of Certified Fraud Examiners, is by contacting an investigative
consulting firm. In recent years, formidable teams consisting of licensed
private investigators, forensic accountants, and other skilled professionals
have been established and have become extremely instrumental in providing
invaluable investigative and accounting service to the legal profession. This
"team approach" of an investigative consulting firm guarantees
attorney and their clients, the authoritative forensic accounting and litigation
support needed to come out on top.