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A general approach to Forensic Accounting
and Forensic Audit
Compiled and Presented
By:
Godwin Emmanuel OYEDOKUN
(HND, BSc. Ed, MBA, MTP (SA), ACA, ACIB, FCTI, AMNIM, ACCA-CertIFR, CFA, CFE, CNA, FCFIP, FCE, CICA, ABR, CPFA)
godwinoye@yahoo.com +2348033737184, +2348055863944
Assistant Director (Head) Education, Research & Technical
The Chartered Institute of Taxation of Nigeria
And
Chief Technical Consultant
OGE Professorial Services Ltd
Being a lecture delivered at 2-Day Capacity Building Workshop for the Staff of
Internal Audit Department of Niger Delta Development Commission (NDDC)
Held at Limpopo Spring Hotel, Aba Road, Port-Harcourt, Rivers State
on March 6 - 7, 2015
Organized by Gexim Nigeria Limited
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The Facilitator- “Nemo Dat Quod Non Habet”
Godwin Emmanuel Oyedokun, HND, BSc.Ed, MBA, MSc., MTP (SA), ACA, FCTI, ACIB, AMNIM, CAN, FCFIP, CICA, CFA,CFE, CPFA, ABR,
CertIFR
Assistant Director (Head) – Education, Research & Technical Directorate of The Chartered Institute
of Taxation of Nigeria (CITN)
Godwin is an Experience Certified Fraud Examiner, Chartered Accountant, Chartered Tax Professional,
Certified Forensic Accountant, Chartered Banker, Chartered Manager, Insolvency Practitioner, and Financial
Analyst of good repute.
He also holds a Certificate in International Financial Reporting (CertIFR) of Association of Certified
Chartered Accountant (ACCA)
He is a seasoned professional who is currently serving as an Advisory Council Member of Association of
Fraud Examiner (ACFE), Austin, USA, and Vice President of Nigeria Chapter of same Association
Godwin is a leader in Forensic Accounting and Fraud Investigation, he is a sought after intellectual, who has
presented over 35 technical papers in various Training/Seminars on Forensic Accounting, Fraud
Investigation, Internal Audit & Control, Risk Management, IFRS, ICT, Strategic Management, Finance &
Accounting related subjects. He is also an Examiner to The Chartered Institute of Bankers of Nigeria (CIBN)
on “Introduction to Financial Accounting (FA)” and “Information Communication Technology (ICT)”
He has been trained on Forensic Accounting, Accountancy and Fraud Investigation and other Finance &
Accounting related courses, in Ghana, Senegal, Liberia, Cote d’Ivore, Canada- Toronto, at some States in
United State of American and in Nigeria including Lagos Business School of Pan Atlantic University.
He was the Assistant Director (Head) – Finance & ICT of The Chartered Institute of Taxation of Nigeria
(CITN).
He is the Chief Technical Consultant to OGE & CO Professional Services Ltd. (www.ogecops.com) and A &
D Forensic Consults Ltd. Nigeria (www.adforensicconsults.com).
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This presentation will cover the following major sub topics :
• Definition and Concept of Forensic and Forensic Accounting
• Definition and Concept of Forensic Audit
• Other Forensic Terminologies
• Distinction/Similarities between Statutory Audit and Forensic Audit.
• Approaches/Steps and Techniques to Forensic Audit engagement
• Functions of a Forensic Auditor
• Conclusion
Contents
Oyedokun Godwin Emmanuel
Saturday, March 7, 2015
6
“The hardest thing in the world to
understand is income tax”
Albert Einstein
Quotes
“The reasonable man adapts himself to the world; the
unreasonable man persists in trying to adapt the world to
himself. Therefore, all progress depends on the
unreasonable man.”
GEORGE BERNARD SHAW
You need not worry as I am not here today to discuss tax
Saturday, March 7, 2015
7
“The illiterate of the 21st century will not be those who cannot read or
write but those who cannot learn, unlearn and relearn.”
ALVIN TOFFLER
Quotes
“The incidence of fraud is now so common that its
occurrence is no longer remarkable, only its scale.”
The ACFE says.
“By failing to protect your organization, you can expect to become a
victim of fraud at some point in the future and become a statistic in
our next study.”
……………
Introduction
 Many cases of financial statement misrepresentation have been reported, and to that
extent, affected companies like Enron, WorldCom, Adelphia, Global Crossing, Xerox,
Qwest, and many others like Cendant, Lincoln Savings, ESM, Anicom, Waste Management,
and Sunbeam, (Albrecht, 2005), and their auditors have gone down.
 In effect, stakeholders, most especially the shareholders were greatly affected.
 There have also been instances where forensic accountants were called to determine the
cause(s) of the collapse of the companies, who are involved and what (monetary value) was
involved (Albrecht, 2005).
 The field of forensic accounting is not a new concept, though it has grown in popularity in
recent years as it is founded upon understanding the mind of the fraudster in order to
understand why frauds are committed (Hecht and Redmond 2010).
 This paper thus explore various definitions and concept of forensic accounting, forensic
audit, distinction between statutory audit and forensic audit, approaches and techniques to
forensic audit, steps in forensic audit engagement, functions of a forensic auditors and
relevant other forensic terminologies.
 Readers of this paper would fully understand the science and approaches to forensic
accounting and forensic auditing and also learn various techniques available to forensic
accountant/auditors could be applied in internal control functions of business
organizations (Oyedokun 2014).
9
Concept of Forensic and Forensic Accounting
 Forensic means, "belonging to, used in or suitable to courts of judicature or to
public discussion and debate" (Webster's Dictionary).
 Forensic Accounting, provides an accounting analysis that is suitable to the court
which will form the basis for discussion, debate and ultimately dispute resolution
(Zysman 2004).
 Forensic to the-free-dictionary.com means “relating to, used in, or appropriate for
courts of law or for public discussion or argumentation”.
 It’s also means “relating to, or used in debate or argument; rhetorical. It was also
further stated to mean; relating to the use of science or technology in the
investigation and establishment of facts or evidence in a court of law: e.g. a
forensic laboratory. (thefreedictionary.com)
 Forensics is pertaining to or used in courts of law or in public debate, adapted or
suited to argumentation; rhetorical.
 Forensics is the art or study of argumentation and formal debate
(dictionary.com).
 Forensic is used or applied in the investigation and establishment of facts or
evidence in a court of law; "forensic photograph"; "forensic ballistics"
Concept of Forensic and Forensic Accounting
 Forensic to dictionary.reference.com means:
 1. pertaining to, connected with, or used in courts of law or public discussion and debate.
 2. Adapted or suited to argumentation; rhetorical.
 Forensic accounting is a science dealing with the application of accounting facts and
concepts gathered through auditing methods, techniques and procedures to resolve legal
and related problems which requires the integration of investigative, accounting, and
auditing skills (Arokiasamy and Cristal, 2009, Dhar and Sarkar, 2010).
 Forensic accounting has existed for many years. With the growing complexity of the
business environment and the growing number of business related investigations, forensic
accounting professionals are increasingly asked to assist in the investigation of financial
and business related issues (Oyedokun, 2011, Zysman, 2004).
 Example of, Enron, Tyco, and WorldCom scandals resulted in the loss of public trust and
huge amounts of money.
 In order to avoid fraud and theft, and to restore the badly needed public confidence,
several companies took the step to improve the infrastructure of their internal control and
accounting systems drastically.
 It was this development which increased the importance of accountants who have chosen to
specialize in forensic accounting and who are consequently referred as forensic accountants
(Shanikat and Khan 2013).
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WHAT WILL YOU SAY ABOUT THESE?
13
Other Forensic Terminologies
 The Word ‘Forensic’
 The word forensic is derived from the Latin adjective “forensis”, meaning "of or before the
forum." In early Roman times, a criminal charge against a person meant presenting the case
before a group of public individuals in the forum.
 Forensic Accounting Investigation.
 Forensic accounting investigation is an aspect of forensic accounting that refers to the
practical steps Certified Fraud Examiners take in order to gather evidence relevant to
alleged fraudulent activities.
 Forensic Investigation
 The utilization of specialized investigative skills in carrying out an inquiry conducted in
such a manner that the outcome will have application to a court of law. A Forensic
Investigation may be grounded in accounting, medicine, engineering or some other
discipline.
 Forensic Audit
 An examination of evidence regarding an assertion to determine its correspondence to
established criteria carried out in a manner suitable to the court. An example would be a
Forensic Audit of sales records to determine the quantum of rent owing under a lease
agreement, which is the subject of litigation.
Other Forensic Terminologies
 Forensic Auditing
 Forensic auditing is an aspect of forensic accounting that applies auditing, accounting and
investigative skills to situations that have legal consequences
 Investigative Accounting
 "Investigative Accounting", is often associated with investigations of criminal matters. A
typical investigative accounting assignment would be an investigation of employee theft.
 Other examples include securities fraud, insurance fraud, kickbacks and proceeds of crime
investigations.
 Litigation Support
 "Litigation Support", provides assistance of an accounting nature in a matter involving
existing or pending litigation.
 It deals primarily with issues related to the quantification of economic damages. A typical
litigation support assignment would be calculating the economic loss resulting from a
breach of contract.
 Fraud Examination
 According to the Association of Certified Fraud examiners’ manual, “Fraud examination is
the methodology of resolving allegations from inception to disposition including obtaining
evidence, interviewing suspects, writing reports and assisting in detection and deterrence
of fraud”.
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Characteristics of Forensic accounting
 According to Zysman (2009) a capable Forensic Accountant
should have the following characteristics:
 curiosity;
 persistence;
 creativity;
 discretion;
 organization;
 confidence; and
 sound professional judgment.
Characteristics of Forensic accounting
 Forensic Accountant must be open to consider all alternatives, scrutinize the fine details
and at the same time see the big picture. In addition, a Forensic Accountant must be able to
listen effectively and communicate clearly and concisely.
 Forensic accounting activities include (According to Zysman (2001):
1. Criminal investigation, which are usually on behalf of the police with the aim of presenting
evidence in a professional and concise manner.
2. Shareholders and partnership dispute that involve analysis of numerous year financial
records for valuation and qualification of the issue in dispute;
3. Personal injury claim, where, for example, economic losses from a motor accident or
wrongful dismissal may need to be quantified.
4. Business interruption and other types of insurance claim. These assignments involve a
detailed review of the policy to investigate coverage issues and the appropriate methods of
calculating the loss.
5. Business/employee fraud investigations which can involve fraud tracing, asset
identification and recovery, forensic intelligence gathering and due diligence review.
6. Matrimonial dispute involving the tracing, locating and evaluation of assets.
7. Business economic losses, where a disputed contract, construction claims, expropriation,
product liability claims and trademarks are the issues.
8. Professional negligence ascertains the breach and quantifies the loss involved, and
mediation and arbitration, as a form of alternative dispute resolution.
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Forensic Accountants– What We Are Neglecting
Do You Really Know Your Business?
What risks currently impact your
ability to perform as a conventional
Accountant/Auditor?
How can Forensic Accounting
Certification, knowledge & skills
help deliver better shareholder
returns, draw more investors?
Accelerated Financial Close. How?
Strategy vs. Execution?
How does the organization govern
itself? Managing, Monitoring and
Analyzing Internal Controls. How?
Major milestones in forensic accounting
1942: Maurice E. Peloubet published “Forensic Accounting: It’s place in
today’s economy.”
1982: Francis C. Dykman wrote “Forensic Accounting: The Accountant as
an Expert Witness.”
1986: The AICPA issued Practice Aid #7, outlining six areas of litigation
services – damages, antitrust analysis, accounting, valuation, general
consulting and analyses.
1988: Association of Certified Fraud Examiners established
1988: A new genre of detective novels where the Certified Fraud
Examiner was the star.
1992: The American College of Forensic Examiners was founded.
1997: The American Board of Certified Fraud Examiners was founded
2000: The Journal of Forensic Accounting, Auditing, Fraud and Taxation
was founded.
2009: The Institute of Chartered Accountants of Nigeria (ICAN)
commenced certification programme in forensic accounting, leading to
the award of Certified Forensic Accountant(CFA) certificate. (298 CFAs as
of March 25, 2013 in 3 sets)
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Forensic Accounting….
21
Forensic Accounting…
22
Forensic
Accountants
Forensic Accounting
 Forensic accounting has been defined as "accounting analysis that can
uncover possible fraud that is suitable for presentation in court.
 Such analysis will form the basis for discussion, debate, and dispute
resolution."
 Forensic accounting, sometimes referred to as investigative accounting, is
a unique career field that combines accounting with information
technology.
 A Forensic Accountant uses his knowledge of accounting, law,
investigative auditing and criminology to uncover fraud, find
evidence and present such evidence in court if required to.
 According to Oyedokun (2013), Forensic Accounting is a Scientific
Accounting method of uncovering, resolving, analyzing and
presenting fraud matters in a manner that is acceptable in the
court of law
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Why is forensic accounting
 Because of the struggling stock market and lack of investor
confidence which has forced many organizations to take a long, hard
look at their financial statements.
 A sluggish economy with its attendant problems
 The increase in white collar crime and the difficulties faced by law
enforcement agencies in uncovering
 Many accounting firms believe that the market is sufficiently large to
support an independent unit devoted strictly to forensic accounting.
 The need to use investigative skills to seek out irregularities in
companies’ financial statements
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 A Forensic Accountant uses sophisticated computer programs to analyze financial
data and find evidence that would be legally valid during a court proceeding.
 A Forensic Accountant is a specialized Professional who performs investigative
accounting as well as litigation support.
 Those in the forensic accounting field generally use both accounting and
investigating skills to interpret financial evidence and are often called upon to
analyze and present this evidence to others in a clear manner.
 They may be called upon as expert witnesses in a court of law or to provide
documented proof of financial misdeeds.
 Forensic Accountant are often asked to review financial records for mergers and
acquisitions.
 They may also serve as advisers to a corporation’s audit committee or work to
resolve shareholder disputes within a company.
 In a civil case, a forensic accounting professional may be asked to calculate
economic damages that occurred as the result of a breach of contract or provide
insight into a case based on a claim of professional negligence.
 In a criminal case, a Forensic Accountant may be asked to present evidence of
insurance fraud, identity theft, money laundering, terrorist financing,
embezzlement, price fixing, stock market manipulation, or other related offences.
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Forensic Accountant
 To be successful as a forensic accounting/Anti-Fraud professional, you
must be:
 detail oriented,
 persistent,
 ambitious, and
 highly organized.
 Forensic accounting also requires a great deal of creativity, since you must
often explain complex financial concepts to an audience that lacks basic
accounting knowledge.
 Several well-known case investigations around the world have involved
forensic accounting.
 These accountants are often able to follow a criminal's money trail which
can help lead to a subsequent arrest.
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Forensic Accountant cont’
 Forensic Accountant help at a number of different levels in the
litigation process including:
 Assisting in initial discovery
 Applying our commercial knowledge and expertise
 Providing expert evidence both written and oral
 Independence
 Criminal Investigations
 Shareholders' and Partnership Disputes
 Personal Injury Claims / Motor Vehicle Accidents
 Business Interruption / Other Types of Insurance Claims
 Business/Employee Fraud Investigations
 Matrimonial Disputes
 Business Economic Losses
 Professional Negligence
 Mediation and Arbitration
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Role of Forensic Accountant
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Which of these can organization control and how?
Fraud Triangle
 Fraud Examiners relies on the Fraud Triangle to find weak points in
business processes and identify possible suspects in cases of fraud.
 It consists of three core concepts that together create a situation ripe for
fraud; incentive, opportunity and rationalization.
 People must have the incentive and opportunity to commit financial
fraud as well as the ability to justify it.
 Recent analysis has suggested adding a fourth concept to make a
diamond: capability.
 Just because someone has the opportunity or incentive to steal, it doesn't
mean that they have the capability to do so.
 For example, if someone doesn't understand how to do journal or ledger
entries, they wouldn't know how to manipulate the numbers no matter
what the incentive or opportunity.
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Saturday, March 7, 2015 30
Is your tool sophisticated enough to fight
fraudsters?
Qualities and Qualifications of Forensic Accountants
Characteristics
• Curiosity;
• Persistence;
• Creativity;
• Discretion;
• Organization;
• Confidence; and
• Sound professional judgment.
A capable Forensic Accountant should have the following
characteristics (Zysman, 2011):
• A Forensic Accountant must be open to consider all alternatives, scrutinize
the fine details and at the same time see the big picture. In addition, a
Certified Fraud Examiner must be able to listen effectively and communicate
clearly and concisely.
Forensic Accountant
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Qualities and Qualifications of Forensic Accountants
32
 According to Enyi (2012) in Dada (2013), in forensic
accounting, a man is expected to know the trick of the
monkey in order to catch it, but he should ensure that he
did not become the monkey in the process.
 Impeccable character must be weaved around ethical
considerations in forensic accounting for it to succeed.
 This implies that for effective investigation to be carried
out, the investigator must understand the tricks being
employed by the perpetrator, hence forensic accounting
skill is required.
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A Forensic Accounting must have skills in many areas However, all well-
trained Forensic Accounting should have at least a minimum level
knowledge and skills in the following areas:
Auditing skills
Investigative knowledge and skills
Criminology
Accounting knowledge
Legal knowledge
Information technology (IT) knowledge and skills
Communication skills
Report Writing Skill
Knowledge and Skill Set for Forensic Accountants
Professional Accountant’s Evidence on Cross-examination
In 1926, Albert S. Osborn described 14 possible attacks against an accountant’s evidence on
cross-examination (which were summarized by Max Lourie)
 Insufficient preparation and experience to qualify as an expert witness.
 Inadequate examination of the issues presented.
 Improper presentation of the issues to the witness.
 Suspicion upon the testimony, based upon the witness’s personal record and character.
 Use of misleading illustrations, selection of unfair examples, drawing of inferences not
justified by facts, and improper emphasis or exaggeration.
 Impossibility of reaching a conclusion meriting serious consideration on an issue not
permitting adequate inquiry.
 Expression of an opinion unjustified by the reasons given.
 Basing the opinion upon vague and trivial facts insufficient to sustain any opinion, and
arriving at a conclusion by guesswork.
 A biased and unfair attitude of the witness in the examination of the facts.
 The possibility that the problem is so difficult or unusual even a competent and careful
witness may be mistaken.
 Influence of other things rather than technical findings on the opinion of the witness and
basing conclusions on reasons other than those given.
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35
Definition of Fraud:
intentional
(deliberate) deception
resulting in injury to
another person
In a broad strokes definition,
fraud is a deliberate
misrepresentation which
causes another person to
suffer damages, usually
monetary losses.
Most people consider the
act of lying to be
fraudulent, but in a legal
sense, lying is only one
small element of actual
fraud.
Fraud usually involves
lying for a specific gain
that causes someone
loss while lying does not
always include hurt.
Fraud and lying
Saturday, March 7, 2015
36
Lie is to bridge a gap???????????.
Strangers lies 10 times in 10mins when
they first meet.
In fact, Men lie 8 times to boost self up.
Godwin: Please give practical examples in
class
Fraud and lying
Saturday, March 7, 2015
37
On Tuesday June 19, 2012, at ACFE 23rd Annual Conference in Orland FL, Pamela
Meyer, CFE, author of the best-selling book, "Liespotting: Proven Techniques to
Detect Deception," during her Tuesday working lunch keynote, pointed out the
followings for our education:
1. A lie has no power whatsoever by its mere utterance. Its power emerges when
someone else agrees to believe that lie.
2. "We would all live a life of horror and social decay if we insisted on absolute
honesty at the expense of social dignity.
3. Lying is "as old as breathing. It's part of our history and culture." She said we're
hard-wired to be deceptive from childhood, and by the time we're breadwinners
we've entered a world cluttered "with spam, fake digital friends, partisan media,
ingenious identity thieves, world-class Ponzi schemers — a post-truth society.“
4. Knowing all this, fraud examiners, she said, must further sharpen their interview
skills. "And though we will never become mind readers with 100 percent
accuracy, with the right training we can get a little closer to the truth."
Fraud and lying
Saturday, March 7, 2015
38
Pamela Meyer, CFE, gave several body language indicators:
•Lip smacking /biting.
•Grooming gestures.
•Hand wringing.
•Excessive sweating.
•Closed eyes.
•Slumped posture.
•Lowered voice.
After providing numerous other liespotting techniques, she said that "the truths
about lying are very hard truths. It's prevalent, it's dangerous.
We have mixed feelings about it. Without training we're not very good at detecting it.
"All you really need are your eyes, your ears, your absolute objectivity and sense of
fairness," Meyer said.
"That's enough. When you start to signal everyone around you … our world is going
to be one that's strengthened, and falsehood is identified and marginalized."
Fraud and lying
39
Forensic accountants are mix of accountants and private investigators. While auditing
knowledge and skills are extremely helpful to the forensic accountant, he also possesses the
ability to think “out of the box”. Audit of financial statements does not uncover frauds.
So what is the difference between financial statement auditors and forensic accountants
who investigate fraud?
Financial statement auditors (i.e., external auditors) determine whether the financial statements
present fairly, in all material respects, financial position, results of operations, and cash flows of
the entity being audited.
Forensic accountants who are performing a search for fraud concentrate their efforts in areas
most likely to contain the fraud and often examine the entire population rather than sample the
population in targeted areas.
These accountants are likely to follow leads suggested by immaterial items whereas financial
statement auditors often must restrict their efforts to searching for material misstatements.
In addition to these differences, the forensic accountant uses some investigative techniques
that differ from those used by auditors.
Also, forensic accountants who conduct fraud examinations do not give an opinion on whether
fraud was committed; this is the function of the court.
Differences Between Financial Auditors and Forensic Accountants
40
Forensic Accountants in Court
A key piece of evidence is the report of the Forensic Accountant.
The report should not be accusatory or conclusive as to guilt. It is
critical to ensure that the tone of the report is not inflammatory or
prejudicial.
•The fraud trial can be a civil or a criminal trial.
•In either case, the role of the Forensic Accountant is to study
relevant materials documents, and the authoritative literature
relating to the case on hand.
•Direct and cross examination questions will be asked, and the
Forensic Accountant has the responsibility to answer these
questions clearly and concisely.
41
Forensic Accountant in Court
In court, the Forensic Accountant can be:
• an expert witness,
•a consultant, or
•play other roles such as Trier of fact,
•special master,
•court-appointed expert,
•referee,
•arbitrator, or mediator
•Godwin, explain types of witness and their roles
Concept of Forensic Audit
 Forensic Audit is the examination of evidence regarding an assertion to
determine its correspondence to established criteria carried out in a
manner suitable to the court.
 An example would be a Forensic Audit of sales records to determine the
quantum of rent owing under a lease agreement, which is the subject of
litigation (ACFE 2014).
 Based on their financial-economical and audit backgrounds, forensic
auditors are involved in finding facts in order to resolving commercial or
legal disputes, often a suspicion of fraud.
 As legislation and culture varies per country there exists not one single
definition of forensic audit.
 In Belgium, forensic audit is defined as follows:
 “Forensic audit is the activity that consists of gathering, verifying,
processing, analysing of and reporting on data in order to obtain facts
and/or evidence - in a predefined context - in the area of legal/financial
disputes and or irregularities (including fraud) and giving preventative
advice”.
Distinction/Similarities between Statutory Audit and Forensic Audit
 Auditing to Messier (2000), is a systematic process of objectively obtaining and
evaluating evidence regarding assertions about economic actions and events to
ascertain the degree of correspondence between those assertions and established
criteria and communicating the result to interested users.
 Hayes, Dassen, Schilder, and Wallage (2005), stated that by the audit process, the
auditor enhances the usefulness and value of the financial statements as well as
increases the credibility of other non-audited information released by
management.
 An Audit is a systematic approach that follow a structured, documented plan. An
audit is an independent, objective and expert examination and evaluation of
evidence (Hayes, Dassen, Schilder and Wallage 2005, p.11).
 The objective of an audit of financial statements is to enable the auditor to express
an opinion whether the financial statements are prepared, in all material respects,
in accordance with an applicable financial report framework. The phrases used to
express an auditor’s opinion are ‘give a true and fair view’ or ‘present fairly in all
material respect which are equivalent terms.
 The ‘applicable financial reporting framework’ comprises those requirements of
accounting standards, law and regulations applicable to the entity determine the
form and content of its financial statements (Millichamp and Taylor 2008, p.4).
Distinction/Similarities between Statutory Audit and Forensic Audit
 Financial statement audit determines whether the overall financial statement present fairly in
accordance with specified criteria.
 This type of audit usually covers the basic set of financial statements (balance sheet, income
statement, statement of stockholders’ equity, and a statement of cash flows), and generally
accepted accounting principles (GAAP) services as the criteria.
 However, certain financial statement audit may entail the use of other criteria, such as cash
basis or income tax basis. For example, many real estate partnerships prepare financial
statement using an income tax basis (Messier 2000, p. 11)
 Audit of financial statements examine financial statement to determine if they give a true and
fair view or fairly present the financial statements in conformity with specified criteria.
 The criteria may be International Financial Reporting Standards (IFRS), generally accepted
accounting principles (GAAP), National company laws or tax laws (Hayes, Dassen, Schilder
and Wallage 2005, p.14).
 Statutory audit must now take the garb of forensic investigations.
 The problem with the present system of forensic investigation is that it is focused more on
financial transactions than on the totality of the entity's operations and often time neglects
areas where there have been constant leakages of other organizational resources that are of
financial consequences but which are not easily detected with a normal analysis of the
financial statement (Enyi, 2008).
Similarities between Audit and Forensic Accounting
 To Richter (2010), the most notable differences between financial statement audit
and forensic accounting are the objectives of the tasks performed.
 He noted that certain similarities may be present, but the differences create a wide
gap which justifies the need for specialization in forensic accounting.
 The users of financial audit and forensic examination reports are the key
differences between the objectives of a financial audit and forensic examination.
 According to Richter (2010), the financial audit report will aid management as a
tool for:
 Determining the efficiency of its marketing strategies.
 Evaluating the soundness of its internal control policies to safeguard the company’s
assets.
 Reviewing compliance with company policies as well as governmental rules and
regulations.
 Forensic accounting on the other hand is more concerned in:
 Establishing the existence of fraud.
 Determining the extent of damage or losses involved as a result of the fraud or crime.
 The gathering of sufficient evidence for use by the courts of law to come up with a fair and
judicial ruling for indemnification and/or prosecution.
Similarities between Audit and Forensic Accounting
 In the opinion of Butne, forensic accounting is one of the most in-demand
fields of accounting, especially following the losses suffered by victims of
fraudsters such as Bernie Madoff.
 Forensic accountants commonly specialize in uncovering fraud.
 He asserts that soft skills such as conducting effective interviews are vital to
any forensic accountant, and that the volume of data produced by modern
companies requires analytical tools to direct the forensic accountant’s
attention toward suspicious transactions or accounts.
 This then means that in forensic accounting engagement, the use of
modern analytical tools is key.
Similarities between Audit and Forensic Accounting
 Forensic accounting is then the application of investigative, auditing,
procedure and analytical skills for the purpose of resolving financial issues
scientifically and in a manner that meets standards required by courts of
law.
 Forensic accounting methods is not limited to the use of financial
investigations that result in legal prosecution; however, if this is the
purpose, the investigation and analysis must meet the standards required
in the court of law that has jurisdiction (Hopwood, Leiner and Young, 2012,
Oyedokun 2014).
Approaches/Steps and Techniques to Forensic Audit engagement
 Typical approach to a Forensic Accounting assignment
 Each forensic accounting assignment is unique. the actual approach adopted and the
procedures performed will be specific to it viz:
 1. Meet with the client
 2. Perform a conflict check
 3. Perform an initial investigation
 4. Develop an Action Plan
 5. Obtain the relevant evidence
 6. Perform the analysis
 7. Prepare the report
 The actual analysis performed will be dependent upon the nature of the assignment and may
involve:
1. calculating economic damages;
2. summarizing a large number of transactions;
3. performing a tracing of assets;
4. performing present value calculations utilizing appropriate discount rates;
5. performing a regression or sensitivity analysis;
6. utilizing a computerized application such as a spread sheet, data base or computer model;
and
7. utilizing charts and graphics to explain the analysis.
Approaches/Steps and Techniques to Forensic Audit engagement
 In other climes, it’s believed that each forensic audit assignment is unique,
so also approach to be adopted and the procedures performed will be
specific to such.
 In general the following steps are followed (cpajerseycitynj.com):
1. Meet with the Client
2. Engagement letter
3. Perform an initial investigation
4. Determine whether any allegation requires immediate remedial
action
5. Obtain the relevant evidence
6. Perform an analysis of the audit findings (cpajerseycitynj.com)
Phased Engagement Approach to Forensic Accounting
 Renick (2007) in his article “a Phased Engagement Approach to Forensic Accounting” opine
that there are several approaches to a forensic investigation. He recommended a phased
engagement approach in managing the investigation efficiently as its controls the engagement
with decision points throughout the process.
 A phased engagement is a step-by-step methodology that manages time and fees, and yields
conclusions based upon parameters defined by the client (often an attorney) and the forensic
accountant.
 Costs for each phase and, therefore, the cost of the entire engagement, can be controlled.
 A phased engagement also allows faster response and completion times because all time and
energy are devoted to the completion of each phase before the next phase is commenced.
 The phases are as listed below:
 Phase 1: Exploration and Evaluation
 Phase 2: Expansion of Scope
 Preparing the analysis
1. Reconstruction of books and records.
2. Third-party verification and confirmation
3. Conclusion of Phase 2.
Functions of Forensic Auditor
 A forensic accountant/auditor/investigator is often retained to analyze, interpret, summarize
and present complex financial and business related issues in a manner which is both
understandable and properly supported.
 Forensic accountant/auditor/investigator can be engaged in public practice or employed by
insurance companies, banks, police forces, and government agencies like EFCC, ICPC, NDLEA
and other organizations for any of the following functions:
 Investigating and analyzing financial evidence;
 Developing computerized applications to assist in the analysis and presentation of financial
evidence;
 Communicating their findings in the form of reports, exhibits and collections of documents;
and
 Assisting in legal proceedings, including testifying in court as an expert witness and preparing
visual aids to support trial evidence.
 In order to properly perform these services, a Forensic Accountant must be familiar with legal
concepts and procedures.
 In addition, a Forensic Accountant must be able to identify substance over form when dealing
with an issue.
Functions of Forensic Auditor
 A Forensic Accountant can also be of assistance in various ways, including:
 Investigative Accounting
 Review of the factual situation and provision of suggestions regarding possible courses of action.
 Assistance with the protection and recovery of assets.
 Co-ordination of other experts, including:
 Private investigators;
 Forensic document examiners;
 Consulting engineers.
 Assistance with the recovery of assets by way of civil action or criminal prosecution.
 Litigation Support
 Assistance in obtaining documentation necessary to support or refute a claim.
 Review of the relevant documentation to form an initial assessment of the case and identify areas of loss.
 Assistance with Examination for Discovery including the formulation of questions to be asked regarding
the financial evidence.
 Attendance at the Examination for Discovery to review the testimony, assist with understanding the
financial issues and to formulate additional questions to be asked.
 Review of the opposing expert's damages report and reporting on both the strengths and weaknesses of the
positions taken.
 Assistance with settlement discussions and negotiations.
 Attendance at trial to hear the testimony of the opposing expert and to provide assistance with cross-
examination.
Conclusion
 Although a forensic investigation can be approached in many ways, the
phased engagement permits a forensic accountant and client to divide the
investigation into distinct phases, allowing for the control of the
investigation and its costs (Renick, 2007).
 In practice, whereas the possible results of ordinary financial audit is pretty
much predictable (e.g. unqualified, qualified, disclaimer or adverse
opinion), the outcome of a forensic audit is far more unpredictable.
Saturday, March 7, 2015
54
"... the dilemma is that as professionals, we do something and
preach something else. But once punitive regime is effective,
everybody becomes perfect and we would operate an efficient
financial system...“ - Prof. Yemi Osinbajo (SAN)
"...we are not peculiarly corrupt, the problem is that we do not
have a system that is able to deal with offenders" Prof. Yemi
Osibanjo (SAN)
"... the reason why we are where we are now is break in
value...” - Prof. Yemi Osinbajo (SAN)
Conclusion - Quotes
Saturday, March 7, 2015
55
"... Value are essential ingredient in National
development..." Dr Ezekwesili (Madam Due Process)
“ILLEGALITY can never be a NORM. Even though it subsists it is
still illegal and one day the illegality will find out the perpetrators.
That is why the Bible says that we should not envy evildoers
because their end will come suddenly. That is what we are now
experiencing as a people. Hence we must repent and ask God for
mercy and forgiveness. (2Chro 7:14). He is just and merciful to
forgive us. God bless Nigeria.” …….Joel
Conclusion - Quotes
Thank you
 See the full paper for references
References & Further Reading
PRACTICAL PROBLEM
 Loan Fraud Exercise
You are performing an audit in your institution and
find the following situation. What red flags or factors
exist that may indicate a potential for fraud? Identify
the potential fraud(s) that may be occurring and
indicate how you would proceed to determine what, if
anything, actually occurred.
 Your financial institution hired bill, a new senior
lending officer, 18 months ago (your financial
institution does not have a practice of performing
criminal background checks on new employees). Bill
has brought a lot of growth to the financial institution
since he was hired. He specializes in unsecured loans to
individuals with high net worth. 58
 The growth in this type of loan has brought significant
profits to the financial institution, which had been
experiencing a lack of loan demand prior to hiring him.
 In addition to making loans (he has a lending limit of
$100,000 on unsecured loans), Bill’s responsibilities
include overseeing the loan operations areas, which
involves maintaining loan files, updating customer
computer information, and preparing reports for senior
management and the board on new or delinquent loans.
You hear from the loan operations manager, Al, that Bill
has made their lives pretty easy in loan operations. He
keeps track of loan files for his own customers, is very
diligent about calling customers whose payments are late,
and keeps customer computer records updated for address
changes and the like without Al or his staff having to
prompt him. 59
 Furthermore, Al says that Bill is a stickler for accuracy
and does not like to be questioned because he is busy
producing profits for the financial institution. Bill is also
in charge of the loan review function, where he reviews a
portion of loans granted by other officers.
 During a routine audit, you select a sample of new loans
to check for documentation adequacy. You select 50
loans, 10 of which were made by Bill. 8 of these 10 loan
files do not contain credit bureau reports. You bring this
to Bill’s attention and he says that he is familiar with all
of the customers from his previous employer. He says he
didn’t want to incur the expense of ordering credit
reports on someone he knows so well.
60

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General Overview of forensic accounting and forensic audit

  • 1. A general approach to Forensic Accounting and Forensic Audit Compiled and Presented By: Godwin Emmanuel OYEDOKUN (HND, BSc. Ed, MBA, MTP (SA), ACA, ACIB, FCTI, AMNIM, ACCA-CertIFR, CFA, CFE, CNA, FCFIP, FCE, CICA, ABR, CPFA) godwinoye@yahoo.com +2348033737184, +2348055863944 Assistant Director (Head) Education, Research & Technical The Chartered Institute of Taxation of Nigeria And Chief Technical Consultant OGE Professorial Services Ltd Being a lecture delivered at 2-Day Capacity Building Workshop for the Staff of Internal Audit Department of Niger Delta Development Commission (NDDC) Held at Limpopo Spring Hotel, Aba Road, Port-Harcourt, Rivers State on March 6 - 7, 2015 Organized by Gexim Nigeria Limited
  • 2. 2
  • 3. 3 The Facilitator- “Nemo Dat Quod Non Habet” Godwin Emmanuel Oyedokun, HND, BSc.Ed, MBA, MSc., MTP (SA), ACA, FCTI, ACIB, AMNIM, CAN, FCFIP, CICA, CFA,CFE, CPFA, ABR, CertIFR Assistant Director (Head) – Education, Research & Technical Directorate of The Chartered Institute of Taxation of Nigeria (CITN) Godwin is an Experience Certified Fraud Examiner, Chartered Accountant, Chartered Tax Professional, Certified Forensic Accountant, Chartered Banker, Chartered Manager, Insolvency Practitioner, and Financial Analyst of good repute. He also holds a Certificate in International Financial Reporting (CertIFR) of Association of Certified Chartered Accountant (ACCA) He is a seasoned professional who is currently serving as an Advisory Council Member of Association of Fraud Examiner (ACFE), Austin, USA, and Vice President of Nigeria Chapter of same Association Godwin is a leader in Forensic Accounting and Fraud Investigation, he is a sought after intellectual, who has presented over 35 technical papers in various Training/Seminars on Forensic Accounting, Fraud Investigation, Internal Audit & Control, Risk Management, IFRS, ICT, Strategic Management, Finance & Accounting related subjects. He is also an Examiner to The Chartered Institute of Bankers of Nigeria (CIBN) on “Introduction to Financial Accounting (FA)” and “Information Communication Technology (ICT)” He has been trained on Forensic Accounting, Accountancy and Fraud Investigation and other Finance & Accounting related courses, in Ghana, Senegal, Liberia, Cote d’Ivore, Canada- Toronto, at some States in United State of American and in Nigeria including Lagos Business School of Pan Atlantic University. He was the Assistant Director (Head) – Finance & ICT of The Chartered Institute of Taxation of Nigeria (CITN). He is the Chief Technical Consultant to OGE & CO Professional Services Ltd. (www.ogecops.com) and A & D Forensic Consults Ltd. Nigeria (www.adforensicconsults.com).
  • 4. 4
  • 5. This presentation will cover the following major sub topics : • Definition and Concept of Forensic and Forensic Accounting • Definition and Concept of Forensic Audit • Other Forensic Terminologies • Distinction/Similarities between Statutory Audit and Forensic Audit. • Approaches/Steps and Techniques to Forensic Audit engagement • Functions of a Forensic Auditor • Conclusion Contents Oyedokun Godwin Emmanuel
  • 6. Saturday, March 7, 2015 6 “The hardest thing in the world to understand is income tax” Albert Einstein Quotes “The reasonable man adapts himself to the world; the unreasonable man persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man.” GEORGE BERNARD SHAW You need not worry as I am not here today to discuss tax
  • 7. Saturday, March 7, 2015 7 “The illiterate of the 21st century will not be those who cannot read or write but those who cannot learn, unlearn and relearn.” ALVIN TOFFLER Quotes “The incidence of fraud is now so common that its occurrence is no longer remarkable, only its scale.” The ACFE says. “By failing to protect your organization, you can expect to become a victim of fraud at some point in the future and become a statistic in our next study.” ……………
  • 8. Introduction  Many cases of financial statement misrepresentation have been reported, and to that extent, affected companies like Enron, WorldCom, Adelphia, Global Crossing, Xerox, Qwest, and many others like Cendant, Lincoln Savings, ESM, Anicom, Waste Management, and Sunbeam, (Albrecht, 2005), and their auditors have gone down.  In effect, stakeholders, most especially the shareholders were greatly affected.  There have also been instances where forensic accountants were called to determine the cause(s) of the collapse of the companies, who are involved and what (monetary value) was involved (Albrecht, 2005).  The field of forensic accounting is not a new concept, though it has grown in popularity in recent years as it is founded upon understanding the mind of the fraudster in order to understand why frauds are committed (Hecht and Redmond 2010).  This paper thus explore various definitions and concept of forensic accounting, forensic audit, distinction between statutory audit and forensic audit, approaches and techniques to forensic audit, steps in forensic audit engagement, functions of a forensic auditors and relevant other forensic terminologies.  Readers of this paper would fully understand the science and approaches to forensic accounting and forensic auditing and also learn various techniques available to forensic accountant/auditors could be applied in internal control functions of business organizations (Oyedokun 2014).
  • 9. 9
  • 10. Concept of Forensic and Forensic Accounting  Forensic means, "belonging to, used in or suitable to courts of judicature or to public discussion and debate" (Webster's Dictionary).  Forensic Accounting, provides an accounting analysis that is suitable to the court which will form the basis for discussion, debate and ultimately dispute resolution (Zysman 2004).  Forensic to the-free-dictionary.com means “relating to, used in, or appropriate for courts of law or for public discussion or argumentation”.  It’s also means “relating to, or used in debate or argument; rhetorical. It was also further stated to mean; relating to the use of science or technology in the investigation and establishment of facts or evidence in a court of law: e.g. a forensic laboratory. (thefreedictionary.com)  Forensics is pertaining to or used in courts of law or in public debate, adapted or suited to argumentation; rhetorical.  Forensics is the art or study of argumentation and formal debate (dictionary.com).  Forensic is used or applied in the investigation and establishment of facts or evidence in a court of law; "forensic photograph"; "forensic ballistics"
  • 11. Concept of Forensic and Forensic Accounting  Forensic to dictionary.reference.com means:  1. pertaining to, connected with, or used in courts of law or public discussion and debate.  2. Adapted or suited to argumentation; rhetorical.  Forensic accounting is a science dealing with the application of accounting facts and concepts gathered through auditing methods, techniques and procedures to resolve legal and related problems which requires the integration of investigative, accounting, and auditing skills (Arokiasamy and Cristal, 2009, Dhar and Sarkar, 2010).  Forensic accounting has existed for many years. With the growing complexity of the business environment and the growing number of business related investigations, forensic accounting professionals are increasingly asked to assist in the investigation of financial and business related issues (Oyedokun, 2011, Zysman, 2004).  Example of, Enron, Tyco, and WorldCom scandals resulted in the loss of public trust and huge amounts of money.  In order to avoid fraud and theft, and to restore the badly needed public confidence, several companies took the step to improve the infrastructure of their internal control and accounting systems drastically.  It was this development which increased the importance of accountants who have chosen to specialize in forensic accounting and who are consequently referred as forensic accountants (Shanikat and Khan 2013).
  • 12. 12
  • 13. WHAT WILL YOU SAY ABOUT THESE? 13
  • 14. Other Forensic Terminologies  The Word ‘Forensic’  The word forensic is derived from the Latin adjective “forensis”, meaning "of or before the forum." In early Roman times, a criminal charge against a person meant presenting the case before a group of public individuals in the forum.  Forensic Accounting Investigation.  Forensic accounting investigation is an aspect of forensic accounting that refers to the practical steps Certified Fraud Examiners take in order to gather evidence relevant to alleged fraudulent activities.  Forensic Investigation  The utilization of specialized investigative skills in carrying out an inquiry conducted in such a manner that the outcome will have application to a court of law. A Forensic Investigation may be grounded in accounting, medicine, engineering or some other discipline.  Forensic Audit  An examination of evidence regarding an assertion to determine its correspondence to established criteria carried out in a manner suitable to the court. An example would be a Forensic Audit of sales records to determine the quantum of rent owing under a lease agreement, which is the subject of litigation.
  • 15. Other Forensic Terminologies  Forensic Auditing  Forensic auditing is an aspect of forensic accounting that applies auditing, accounting and investigative skills to situations that have legal consequences  Investigative Accounting  "Investigative Accounting", is often associated with investigations of criminal matters. A typical investigative accounting assignment would be an investigation of employee theft.  Other examples include securities fraud, insurance fraud, kickbacks and proceeds of crime investigations.  Litigation Support  "Litigation Support", provides assistance of an accounting nature in a matter involving existing or pending litigation.  It deals primarily with issues related to the quantification of economic damages. A typical litigation support assignment would be calculating the economic loss resulting from a breach of contract.  Fraud Examination  According to the Association of Certified Fraud examiners’ manual, “Fraud examination is the methodology of resolving allegations from inception to disposition including obtaining evidence, interviewing suspects, writing reports and assisting in detection and deterrence of fraud”.
  • 16. 16
  • 17. Characteristics of Forensic accounting  According to Zysman (2009) a capable Forensic Accountant should have the following characteristics:  curiosity;  persistence;  creativity;  discretion;  organization;  confidence; and  sound professional judgment.
  • 18. Characteristics of Forensic accounting  Forensic Accountant must be open to consider all alternatives, scrutinize the fine details and at the same time see the big picture. In addition, a Forensic Accountant must be able to listen effectively and communicate clearly and concisely.  Forensic accounting activities include (According to Zysman (2001): 1. Criminal investigation, which are usually on behalf of the police with the aim of presenting evidence in a professional and concise manner. 2. Shareholders and partnership dispute that involve analysis of numerous year financial records for valuation and qualification of the issue in dispute; 3. Personal injury claim, where, for example, economic losses from a motor accident or wrongful dismissal may need to be quantified. 4. Business interruption and other types of insurance claim. These assignments involve a detailed review of the policy to investigate coverage issues and the appropriate methods of calculating the loss. 5. Business/employee fraud investigations which can involve fraud tracing, asset identification and recovery, forensic intelligence gathering and due diligence review. 6. Matrimonial dispute involving the tracing, locating and evaluation of assets. 7. Business economic losses, where a disputed contract, construction claims, expropriation, product liability claims and trademarks are the issues. 8. Professional negligence ascertains the breach and quantifies the loss involved, and mediation and arbitration, as a form of alternative dispute resolution.
  • 19. 19 Forensic Accountants– What We Are Neglecting Do You Really Know Your Business? What risks currently impact your ability to perform as a conventional Accountant/Auditor? How can Forensic Accounting Certification, knowledge & skills help deliver better shareholder returns, draw more investors? Accelerated Financial Close. How? Strategy vs. Execution? How does the organization govern itself? Managing, Monitoring and Analyzing Internal Controls. How?
  • 20. Major milestones in forensic accounting 1942: Maurice E. Peloubet published “Forensic Accounting: It’s place in today’s economy.” 1982: Francis C. Dykman wrote “Forensic Accounting: The Accountant as an Expert Witness.” 1986: The AICPA issued Practice Aid #7, outlining six areas of litigation services – damages, antitrust analysis, accounting, valuation, general consulting and analyses. 1988: Association of Certified Fraud Examiners established 1988: A new genre of detective novels where the Certified Fraud Examiner was the star. 1992: The American College of Forensic Examiners was founded. 1997: The American Board of Certified Fraud Examiners was founded 2000: The Journal of Forensic Accounting, Auditing, Fraud and Taxation was founded. 2009: The Institute of Chartered Accountants of Nigeria (ICAN) commenced certification programme in forensic accounting, leading to the award of Certified Forensic Accountant(CFA) certificate. (298 CFAs as of March 25, 2013 in 3 sets) 20
  • 23. Forensic Accounting  Forensic accounting has been defined as "accounting analysis that can uncover possible fraud that is suitable for presentation in court.  Such analysis will form the basis for discussion, debate, and dispute resolution."  Forensic accounting, sometimes referred to as investigative accounting, is a unique career field that combines accounting with information technology.  A Forensic Accountant uses his knowledge of accounting, law, investigative auditing and criminology to uncover fraud, find evidence and present such evidence in court if required to.  According to Oyedokun (2013), Forensic Accounting is a Scientific Accounting method of uncovering, resolving, analyzing and presenting fraud matters in a manner that is acceptable in the court of law 23
  • 24. Why is forensic accounting  Because of the struggling stock market and lack of investor confidence which has forced many organizations to take a long, hard look at their financial statements.  A sluggish economy with its attendant problems  The increase in white collar crime and the difficulties faced by law enforcement agencies in uncovering  Many accounting firms believe that the market is sufficiently large to support an independent unit devoted strictly to forensic accounting.  The need to use investigative skills to seek out irregularities in companies’ financial statements 24
  • 25.  A Forensic Accountant uses sophisticated computer programs to analyze financial data and find evidence that would be legally valid during a court proceeding.  A Forensic Accountant is a specialized Professional who performs investigative accounting as well as litigation support.  Those in the forensic accounting field generally use both accounting and investigating skills to interpret financial evidence and are often called upon to analyze and present this evidence to others in a clear manner.  They may be called upon as expert witnesses in a court of law or to provide documented proof of financial misdeeds.  Forensic Accountant are often asked to review financial records for mergers and acquisitions.  They may also serve as advisers to a corporation’s audit committee or work to resolve shareholder disputes within a company.  In a civil case, a forensic accounting professional may be asked to calculate economic damages that occurred as the result of a breach of contract or provide insight into a case based on a claim of professional negligence.  In a criminal case, a Forensic Accountant may be asked to present evidence of insurance fraud, identity theft, money laundering, terrorist financing, embezzlement, price fixing, stock market manipulation, or other related offences. 25 Forensic Accountant
  • 26.  To be successful as a forensic accounting/Anti-Fraud professional, you must be:  detail oriented,  persistent,  ambitious, and  highly organized.  Forensic accounting also requires a great deal of creativity, since you must often explain complex financial concepts to an audience that lacks basic accounting knowledge.  Several well-known case investigations around the world have involved forensic accounting.  These accountants are often able to follow a criminal's money trail which can help lead to a subsequent arrest. 26 Forensic Accountant cont’
  • 27.  Forensic Accountant help at a number of different levels in the litigation process including:  Assisting in initial discovery  Applying our commercial knowledge and expertise  Providing expert evidence both written and oral  Independence  Criminal Investigations  Shareholders' and Partnership Disputes  Personal Injury Claims / Motor Vehicle Accidents  Business Interruption / Other Types of Insurance Claims  Business/Employee Fraud Investigations  Matrimonial Disputes  Business Economic Losses  Professional Negligence  Mediation and Arbitration 27 Role of Forensic Accountant
  • 28. 28 Which of these can organization control and how?
  • 29. Fraud Triangle  Fraud Examiners relies on the Fraud Triangle to find weak points in business processes and identify possible suspects in cases of fraud.  It consists of three core concepts that together create a situation ripe for fraud; incentive, opportunity and rationalization.  People must have the incentive and opportunity to commit financial fraud as well as the ability to justify it.  Recent analysis has suggested adding a fourth concept to make a diamond: capability.  Just because someone has the opportunity or incentive to steal, it doesn't mean that they have the capability to do so.  For example, if someone doesn't understand how to do journal or ledger entries, they wouldn't know how to manipulate the numbers no matter what the incentive or opportunity. 29
  • 30. Saturday, March 7, 2015 30 Is your tool sophisticated enough to fight fraudsters?
  • 31. Qualities and Qualifications of Forensic Accountants Characteristics • Curiosity; • Persistence; • Creativity; • Discretion; • Organization; • Confidence; and • Sound professional judgment. A capable Forensic Accountant should have the following characteristics (Zysman, 2011): • A Forensic Accountant must be open to consider all alternatives, scrutinize the fine details and at the same time see the big picture. In addition, a Certified Fraud Examiner must be able to listen effectively and communicate clearly and concisely. Forensic Accountant 31
  • 32. Qualities and Qualifications of Forensic Accountants 32  According to Enyi (2012) in Dada (2013), in forensic accounting, a man is expected to know the trick of the monkey in order to catch it, but he should ensure that he did not become the monkey in the process.  Impeccable character must be weaved around ethical considerations in forensic accounting for it to succeed.  This implies that for effective investigation to be carried out, the investigator must understand the tricks being employed by the perpetrator, hence forensic accounting skill is required.
  • 33. 33 A Forensic Accounting must have skills in many areas However, all well- trained Forensic Accounting should have at least a minimum level knowledge and skills in the following areas: Auditing skills Investigative knowledge and skills Criminology Accounting knowledge Legal knowledge Information technology (IT) knowledge and skills Communication skills Report Writing Skill Knowledge and Skill Set for Forensic Accountants
  • 34. Professional Accountant’s Evidence on Cross-examination In 1926, Albert S. Osborn described 14 possible attacks against an accountant’s evidence on cross-examination (which were summarized by Max Lourie)  Insufficient preparation and experience to qualify as an expert witness.  Inadequate examination of the issues presented.  Improper presentation of the issues to the witness.  Suspicion upon the testimony, based upon the witness’s personal record and character.  Use of misleading illustrations, selection of unfair examples, drawing of inferences not justified by facts, and improper emphasis or exaggeration.  Impossibility of reaching a conclusion meriting serious consideration on an issue not permitting adequate inquiry.  Expression of an opinion unjustified by the reasons given.  Basing the opinion upon vague and trivial facts insufficient to sustain any opinion, and arriving at a conclusion by guesswork.  A biased and unfair attitude of the witness in the examination of the facts.  The possibility that the problem is so difficult or unusual even a competent and careful witness may be mistaken.  Influence of other things rather than technical findings on the opinion of the witness and basing conclusions on reasons other than those given. 34
  • 35. 35 Definition of Fraud: intentional (deliberate) deception resulting in injury to another person In a broad strokes definition, fraud is a deliberate misrepresentation which causes another person to suffer damages, usually monetary losses. Most people consider the act of lying to be fraudulent, but in a legal sense, lying is only one small element of actual fraud. Fraud usually involves lying for a specific gain that causes someone loss while lying does not always include hurt. Fraud and lying
  • 36. Saturday, March 7, 2015 36 Lie is to bridge a gap???????????. Strangers lies 10 times in 10mins when they first meet. In fact, Men lie 8 times to boost self up. Godwin: Please give practical examples in class Fraud and lying
  • 37. Saturday, March 7, 2015 37 On Tuesday June 19, 2012, at ACFE 23rd Annual Conference in Orland FL, Pamela Meyer, CFE, author of the best-selling book, "Liespotting: Proven Techniques to Detect Deception," during her Tuesday working lunch keynote, pointed out the followings for our education: 1. A lie has no power whatsoever by its mere utterance. Its power emerges when someone else agrees to believe that lie. 2. "We would all live a life of horror and social decay if we insisted on absolute honesty at the expense of social dignity. 3. Lying is "as old as breathing. It's part of our history and culture." She said we're hard-wired to be deceptive from childhood, and by the time we're breadwinners we've entered a world cluttered "with spam, fake digital friends, partisan media, ingenious identity thieves, world-class Ponzi schemers — a post-truth society.“ 4. Knowing all this, fraud examiners, she said, must further sharpen their interview skills. "And though we will never become mind readers with 100 percent accuracy, with the right training we can get a little closer to the truth." Fraud and lying
  • 38. Saturday, March 7, 2015 38 Pamela Meyer, CFE, gave several body language indicators: •Lip smacking /biting. •Grooming gestures. •Hand wringing. •Excessive sweating. •Closed eyes. •Slumped posture. •Lowered voice. After providing numerous other liespotting techniques, she said that "the truths about lying are very hard truths. It's prevalent, it's dangerous. We have mixed feelings about it. Without training we're not very good at detecting it. "All you really need are your eyes, your ears, your absolute objectivity and sense of fairness," Meyer said. "That's enough. When you start to signal everyone around you … our world is going to be one that's strengthened, and falsehood is identified and marginalized." Fraud and lying
  • 39. 39 Forensic accountants are mix of accountants and private investigators. While auditing knowledge and skills are extremely helpful to the forensic accountant, he also possesses the ability to think “out of the box”. Audit of financial statements does not uncover frauds. So what is the difference between financial statement auditors and forensic accountants who investigate fraud? Financial statement auditors (i.e., external auditors) determine whether the financial statements present fairly, in all material respects, financial position, results of operations, and cash flows of the entity being audited. Forensic accountants who are performing a search for fraud concentrate their efforts in areas most likely to contain the fraud and often examine the entire population rather than sample the population in targeted areas. These accountants are likely to follow leads suggested by immaterial items whereas financial statement auditors often must restrict their efforts to searching for material misstatements. In addition to these differences, the forensic accountant uses some investigative techniques that differ from those used by auditors. Also, forensic accountants who conduct fraud examinations do not give an opinion on whether fraud was committed; this is the function of the court. Differences Between Financial Auditors and Forensic Accountants
  • 40. 40 Forensic Accountants in Court A key piece of evidence is the report of the Forensic Accountant. The report should not be accusatory or conclusive as to guilt. It is critical to ensure that the tone of the report is not inflammatory or prejudicial. •The fraud trial can be a civil or a criminal trial. •In either case, the role of the Forensic Accountant is to study relevant materials documents, and the authoritative literature relating to the case on hand. •Direct and cross examination questions will be asked, and the Forensic Accountant has the responsibility to answer these questions clearly and concisely.
  • 41. 41 Forensic Accountant in Court In court, the Forensic Accountant can be: • an expert witness, •a consultant, or •play other roles such as Trier of fact, •special master, •court-appointed expert, •referee, •arbitrator, or mediator •Godwin, explain types of witness and their roles
  • 42. Concept of Forensic Audit  Forensic Audit is the examination of evidence regarding an assertion to determine its correspondence to established criteria carried out in a manner suitable to the court.  An example would be a Forensic Audit of sales records to determine the quantum of rent owing under a lease agreement, which is the subject of litigation (ACFE 2014).  Based on their financial-economical and audit backgrounds, forensic auditors are involved in finding facts in order to resolving commercial or legal disputes, often a suspicion of fraud.  As legislation and culture varies per country there exists not one single definition of forensic audit.  In Belgium, forensic audit is defined as follows:  “Forensic audit is the activity that consists of gathering, verifying, processing, analysing of and reporting on data in order to obtain facts and/or evidence - in a predefined context - in the area of legal/financial disputes and or irregularities (including fraud) and giving preventative advice”.
  • 43. Distinction/Similarities between Statutory Audit and Forensic Audit  Auditing to Messier (2000), is a systematic process of objectively obtaining and evaluating evidence regarding assertions about economic actions and events to ascertain the degree of correspondence between those assertions and established criteria and communicating the result to interested users.  Hayes, Dassen, Schilder, and Wallage (2005), stated that by the audit process, the auditor enhances the usefulness and value of the financial statements as well as increases the credibility of other non-audited information released by management.  An Audit is a systematic approach that follow a structured, documented plan. An audit is an independent, objective and expert examination and evaluation of evidence (Hayes, Dassen, Schilder and Wallage 2005, p.11).  The objective of an audit of financial statements is to enable the auditor to express an opinion whether the financial statements are prepared, in all material respects, in accordance with an applicable financial report framework. The phrases used to express an auditor’s opinion are ‘give a true and fair view’ or ‘present fairly in all material respect which are equivalent terms.  The ‘applicable financial reporting framework’ comprises those requirements of accounting standards, law and regulations applicable to the entity determine the form and content of its financial statements (Millichamp and Taylor 2008, p.4).
  • 44. Distinction/Similarities between Statutory Audit and Forensic Audit  Financial statement audit determines whether the overall financial statement present fairly in accordance with specified criteria.  This type of audit usually covers the basic set of financial statements (balance sheet, income statement, statement of stockholders’ equity, and a statement of cash flows), and generally accepted accounting principles (GAAP) services as the criteria.  However, certain financial statement audit may entail the use of other criteria, such as cash basis or income tax basis. For example, many real estate partnerships prepare financial statement using an income tax basis (Messier 2000, p. 11)  Audit of financial statements examine financial statement to determine if they give a true and fair view or fairly present the financial statements in conformity with specified criteria.  The criteria may be International Financial Reporting Standards (IFRS), generally accepted accounting principles (GAAP), National company laws or tax laws (Hayes, Dassen, Schilder and Wallage 2005, p.14).  Statutory audit must now take the garb of forensic investigations.  The problem with the present system of forensic investigation is that it is focused more on financial transactions than on the totality of the entity's operations and often time neglects areas where there have been constant leakages of other organizational resources that are of financial consequences but which are not easily detected with a normal analysis of the financial statement (Enyi, 2008).
  • 45. Similarities between Audit and Forensic Accounting  To Richter (2010), the most notable differences between financial statement audit and forensic accounting are the objectives of the tasks performed.  He noted that certain similarities may be present, but the differences create a wide gap which justifies the need for specialization in forensic accounting.  The users of financial audit and forensic examination reports are the key differences between the objectives of a financial audit and forensic examination.  According to Richter (2010), the financial audit report will aid management as a tool for:  Determining the efficiency of its marketing strategies.  Evaluating the soundness of its internal control policies to safeguard the company’s assets.  Reviewing compliance with company policies as well as governmental rules and regulations.  Forensic accounting on the other hand is more concerned in:  Establishing the existence of fraud.  Determining the extent of damage or losses involved as a result of the fraud or crime.  The gathering of sufficient evidence for use by the courts of law to come up with a fair and judicial ruling for indemnification and/or prosecution.
  • 46. Similarities between Audit and Forensic Accounting  In the opinion of Butne, forensic accounting is one of the most in-demand fields of accounting, especially following the losses suffered by victims of fraudsters such as Bernie Madoff.  Forensic accountants commonly specialize in uncovering fraud.  He asserts that soft skills such as conducting effective interviews are vital to any forensic accountant, and that the volume of data produced by modern companies requires analytical tools to direct the forensic accountant’s attention toward suspicious transactions or accounts.  This then means that in forensic accounting engagement, the use of modern analytical tools is key.
  • 47. Similarities between Audit and Forensic Accounting  Forensic accounting is then the application of investigative, auditing, procedure and analytical skills for the purpose of resolving financial issues scientifically and in a manner that meets standards required by courts of law.  Forensic accounting methods is not limited to the use of financial investigations that result in legal prosecution; however, if this is the purpose, the investigation and analysis must meet the standards required in the court of law that has jurisdiction (Hopwood, Leiner and Young, 2012, Oyedokun 2014).
  • 48. Approaches/Steps and Techniques to Forensic Audit engagement  Typical approach to a Forensic Accounting assignment  Each forensic accounting assignment is unique. the actual approach adopted and the procedures performed will be specific to it viz:  1. Meet with the client  2. Perform a conflict check  3. Perform an initial investigation  4. Develop an Action Plan  5. Obtain the relevant evidence  6. Perform the analysis  7. Prepare the report  The actual analysis performed will be dependent upon the nature of the assignment and may involve: 1. calculating economic damages; 2. summarizing a large number of transactions; 3. performing a tracing of assets; 4. performing present value calculations utilizing appropriate discount rates; 5. performing a regression or sensitivity analysis; 6. utilizing a computerized application such as a spread sheet, data base or computer model; and 7. utilizing charts and graphics to explain the analysis.
  • 49. Approaches/Steps and Techniques to Forensic Audit engagement  In other climes, it’s believed that each forensic audit assignment is unique, so also approach to be adopted and the procedures performed will be specific to such.  In general the following steps are followed (cpajerseycitynj.com): 1. Meet with the Client 2. Engagement letter 3. Perform an initial investigation 4. Determine whether any allegation requires immediate remedial action 5. Obtain the relevant evidence 6. Perform an analysis of the audit findings (cpajerseycitynj.com)
  • 50. Phased Engagement Approach to Forensic Accounting  Renick (2007) in his article “a Phased Engagement Approach to Forensic Accounting” opine that there are several approaches to a forensic investigation. He recommended a phased engagement approach in managing the investigation efficiently as its controls the engagement with decision points throughout the process.  A phased engagement is a step-by-step methodology that manages time and fees, and yields conclusions based upon parameters defined by the client (often an attorney) and the forensic accountant.  Costs for each phase and, therefore, the cost of the entire engagement, can be controlled.  A phased engagement also allows faster response and completion times because all time and energy are devoted to the completion of each phase before the next phase is commenced.  The phases are as listed below:  Phase 1: Exploration and Evaluation  Phase 2: Expansion of Scope  Preparing the analysis 1. Reconstruction of books and records. 2. Third-party verification and confirmation 3. Conclusion of Phase 2.
  • 51. Functions of Forensic Auditor  A forensic accountant/auditor/investigator is often retained to analyze, interpret, summarize and present complex financial and business related issues in a manner which is both understandable and properly supported.  Forensic accountant/auditor/investigator can be engaged in public practice or employed by insurance companies, banks, police forces, and government agencies like EFCC, ICPC, NDLEA and other organizations for any of the following functions:  Investigating and analyzing financial evidence;  Developing computerized applications to assist in the analysis and presentation of financial evidence;  Communicating their findings in the form of reports, exhibits and collections of documents; and  Assisting in legal proceedings, including testifying in court as an expert witness and preparing visual aids to support trial evidence.  In order to properly perform these services, a Forensic Accountant must be familiar with legal concepts and procedures.  In addition, a Forensic Accountant must be able to identify substance over form when dealing with an issue.
  • 52. Functions of Forensic Auditor  A Forensic Accountant can also be of assistance in various ways, including:  Investigative Accounting  Review of the factual situation and provision of suggestions regarding possible courses of action.  Assistance with the protection and recovery of assets.  Co-ordination of other experts, including:  Private investigators;  Forensic document examiners;  Consulting engineers.  Assistance with the recovery of assets by way of civil action or criminal prosecution.  Litigation Support  Assistance in obtaining documentation necessary to support or refute a claim.  Review of the relevant documentation to form an initial assessment of the case and identify areas of loss.  Assistance with Examination for Discovery including the formulation of questions to be asked regarding the financial evidence.  Attendance at the Examination for Discovery to review the testimony, assist with understanding the financial issues and to formulate additional questions to be asked.  Review of the opposing expert's damages report and reporting on both the strengths and weaknesses of the positions taken.  Assistance with settlement discussions and negotiations.  Attendance at trial to hear the testimony of the opposing expert and to provide assistance with cross- examination.
  • 53. Conclusion  Although a forensic investigation can be approached in many ways, the phased engagement permits a forensic accountant and client to divide the investigation into distinct phases, allowing for the control of the investigation and its costs (Renick, 2007).  In practice, whereas the possible results of ordinary financial audit is pretty much predictable (e.g. unqualified, qualified, disclaimer or adverse opinion), the outcome of a forensic audit is far more unpredictable.
  • 54. Saturday, March 7, 2015 54 "... the dilemma is that as professionals, we do something and preach something else. But once punitive regime is effective, everybody becomes perfect and we would operate an efficient financial system...“ - Prof. Yemi Osinbajo (SAN) "...we are not peculiarly corrupt, the problem is that we do not have a system that is able to deal with offenders" Prof. Yemi Osibanjo (SAN) "... the reason why we are where we are now is break in value...” - Prof. Yemi Osinbajo (SAN) Conclusion - Quotes
  • 55. Saturday, March 7, 2015 55 "... Value are essential ingredient in National development..." Dr Ezekwesili (Madam Due Process) “ILLEGALITY can never be a NORM. Even though it subsists it is still illegal and one day the illegality will find out the perpetrators. That is why the Bible says that we should not envy evildoers because their end will come suddenly. That is what we are now experiencing as a people. Hence we must repent and ask God for mercy and forgiveness. (2Chro 7:14). He is just and merciful to forgive us. God bless Nigeria.” …….Joel Conclusion - Quotes
  • 57.  See the full paper for references References & Further Reading
  • 58. PRACTICAL PROBLEM  Loan Fraud Exercise You are performing an audit in your institution and find the following situation. What red flags or factors exist that may indicate a potential for fraud? Identify the potential fraud(s) that may be occurring and indicate how you would proceed to determine what, if anything, actually occurred.  Your financial institution hired bill, a new senior lending officer, 18 months ago (your financial institution does not have a practice of performing criminal background checks on new employees). Bill has brought a lot of growth to the financial institution since he was hired. He specializes in unsecured loans to individuals with high net worth. 58
  • 59.  The growth in this type of loan has brought significant profits to the financial institution, which had been experiencing a lack of loan demand prior to hiring him.  In addition to making loans (he has a lending limit of $100,000 on unsecured loans), Bill’s responsibilities include overseeing the loan operations areas, which involves maintaining loan files, updating customer computer information, and preparing reports for senior management and the board on new or delinquent loans. You hear from the loan operations manager, Al, that Bill has made their lives pretty easy in loan operations. He keeps track of loan files for his own customers, is very diligent about calling customers whose payments are late, and keeps customer computer records updated for address changes and the like without Al or his staff having to prompt him. 59
  • 60.  Furthermore, Al says that Bill is a stickler for accuracy and does not like to be questioned because he is busy producing profits for the financial institution. Bill is also in charge of the loan review function, where he reviews a portion of loans granted by other officers.  During a routine audit, you select a sample of new loans to check for documentation adequacy. You select 50 loans, 10 of which were made by Bill. 8 of these 10 loan files do not contain credit bureau reports. You bring this to Bill’s attention and he says that he is familiar with all of the customers from his previous employer. He says he didn’t want to incur the expense of ordering credit reports on someone he knows so well. 60