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Investigation Process
Planning and
Conducting a Fraud
Examination
Investigation
1
Fraud Examination
• Fraud examination refers to a process of resolving allegations
of fraud from inception to disposition. Tasks include:
 Planning
 Obtaining evidence INCULPATORY exculpatory
 Reporting
 Testifying to findings
 Assisting in fraud detection and prevention
• Forensic accounting is the use of professional accounting skills
in matters involving potential or actual civil or criminal
litigation.
Investigation
Page 2
Fraud Examination Methodology
• Assume Litigation Will Follow
 Begin with the proposition that the case will end in litigation
• Act on Predication
 Should not conduct or continue fraud examinations without proper
predication
• Move from General to Specific
 Informational witnesses first, then subject
Investigation
Page 3
Definition of Predication
Predication definition is the totality of circumstances that would lead a
reasonable, professionally trained, and prudent individual to believe a
fraud has occurred, is occurring, and/or will occur.
Fraud examiners should not conduct or continue fraud
examinations without proper predication definition; Data analytics is
instrumental in helping a fraud examiner define predication.
Define predication is the basis upon which a fraud investigation begins.
Investigation
Page 4
Fraud Theory Approach
• Analyzing available data
• Creating a hypothesis
• Testing the hypothesis
• Refining and amending the hypothesis
Investigation
Page 5
Develop a Fraud Response Plan/Policy
• A fraud response policy/plan outlines the actions that
members of an organization will take when suspicions of fraud
have arisen.
• Because every fraud is different, the response plan should not
outline how a fraud examination should be conducted.
• Instead, response plans should help organizations manage their
responses and create environments to minimize risk and
maximize the potential for success.
Investigation
Page 6
Initial Response
• Activate the response team.
• Engage legal counsel, if necessary.
• Consider contacting the insurance providers.
• Address immediate concerns.
• Conduct an initial assessment.
• Document the initial response.
Investigation
Page 7
Assemble the Fraud Team
• Certified Fraud Examiners
(CFEs)
• Legal counsel
• Accountants or auditors
(internal or external)
• Forensic accounting
investigators
• Audit committee members
• Security personnel
• Human resources (HR)
personnel
• A management representative
• Information technology (IT)
Personnel
• Computer forensic experts
• Data analytics specialists
• External consultants
• Industry specialists
Investigation
Page 8
Dos and Don’ts
• Consider size.
• Check for conflicts.
• Check for reporting issues.
• Select team members to fit the demands and objectives.
• Recognize unique skills.
• Recruit members with the skills needed.
• Select people who work well together.
• Don’t select members who lack restraint or a sense of
discretion.
Investigation
Page 9
Developing an Investigation Plan
• Review and gain a basic understanding of key issues.
• Define the goals of the investigation.
• Identify whom to keep informed.
• Determine the scope of the investigation.
• Establish the investigation’s timeframe.
• Address the need for law enforcement assistance.
• Define members’ roles and assign tasks.
• Address operational/logical issues.
• Outline the course of action.
• Obtain the necessary resources.
• Prepare the organization.
Investigation
Page 10
Prepare the Organization
• Whether or not a violation of the law occurred is not the
primary focus – finding the facts is.
• Prepare the managers of the employees involved.
• Notify key decision makers.
• Notify the organization’s in-house or outside counsel when
investigation is about to begin.
Investigation
Page 11
Preserving Confidentiality
• Avoid Alerting the Suspect
 Important to have information about the person who is being
investigated and what he can access.
 Limit the extent of any discussions.
 Only inform those who need to know.
 Inform employees of the consequences of a confidentiality
breach.
 Work discreetly without disrupting the office’s normal course
of business.
 Work fast.
 Investigate during off hours.
Investigation
Page 12
Preserving Confidentiality
• Request Participant’s Confidentiality
 Remind participants to refrain from discussion.
• Guard Case Information
 Store confidential documents in locked file cabinets or rooms.
 Avoid talking in public places.
 Avoid using email or other electronic means (e.g., text messages or
instant messages) to transmit confidential case information.
• Consider Implementing Any Applicable
 Evidentiary Privileges
E.g., legal professionals
Investigation
Page 13
Investigation
Digital Forensics
Creating A Chain of Custody
• The chain of custody has the purpose of establishing from the time the evidence is
collected to the time of its presentation to a court or perhaps to a regulatory body that
it has been properly preserved from alteration or damage and thus retains its probative
value.
• Before gathering any evidence, the forensic accounting investigator should consider with
counsel and the client the level of detailed record keeping necessary to establish the
chain of custody over the evidence.
• For the most part, establishing the chain of custody is merely a record-keeping
procedure not very different from physical inventory procedures with which many
accountants are familiar.
• The procedure is used for establishing where the evidence came from and that it has
been properly secured, principally against alteration, since it was acquired.
Planning Considerations
• Depending on the issue under investigation, it is often necessary to meet with the client
to discuss the types of evidence you may require and to locate that evidence for the
time periods under review.
• Review of client’s record retention policies and whether there is compliance
• Storage locations for paper records, both on- and offsite
• Imaging technology used for transaction documents, such as customer invoices, vendor
invoices, and contracts
• Existence and storage of employee files
• Existence of files at employees’ homes, including home computers
• File retention practices at different corporate locations, which may vary substantially
Planning Considerations
• Organizational chart and reporting hierarchy
• Storage medium for computerized records, both on- and offsite
• Backup procedures used for employee computers and e-mail, including when backups
occur and what information is lost or retained and what is contained on servers versus
individual hard drives
• Retention of records kept by or about former employees of the company
• System changes in relation to corporate accounting systems or e-mail systems
• Existence of documents related to outsourced corporate functions such as payroll and
internal audit
• Creation of a written plan for the collection of documents is frequently an excellent
tool for focusing the efforts of the investigation team on material most likely to be
relevant.
Digital Evidence
Investigation
Page 18
Digital Forensics
• Deleted files and other data that has not been overwritten
• Temporary auto-save files
• Print-spool files
• Websites visited, even where the browser history and cache
have been deleted
• Communications sent via chat or IM
• Documents, letters, and images created, modified, or accessed
on the computer
• The time and date information about files
Investigation
Page 19
Digital Forensics
• Digital evidence is more volatile than paper information;
therefore, it can be easily altered or destroyed.
• Integrity must be preserved.
• If files are destroyed, it can give rise to a claim of spoliation of
evidence.
• If authenticity is not supported or proven, evidence will be
inadmissible.
• Rules are the same.
Investigation
Page 20
Locating Evidence
• User-Created Files
• User-Protected Files
 Camouflaged files
 Steganography
 Encryption
• Detection Methods
 Visual anomalies in jpeg, bmp, gif files
 Audible anomalies in wav, mp3, mpeg files
 Statistical properties of files deviate from norm Structural
oddities suggest manipulation (e.g., size, date, time
differences)
Investigation
Page 21
Locating Evidence
• Printers
 Internal hard drives
• Copiers and Scanners
 Internal storage
• Fax machines
• Backup storage devices
• Removable storage
• Smartphones
• Cloud environments
Investigation
Page 22
Privacy Issues
• Search policy should include personal electronic devices:
 Smartphones
 USB flash drives
 MP3 players
 Laptops
• Written privacy policy
Investigation
Page 23
Computer Investigation and Digital Forensics
• Digital forensics typically involve these phases:
 Seizing
 Imaging
 Analyzing
 Reporting and testifying
Investigation
Page 24
Collecting Volatile Data
• If the computer is off, leave it off.
• Collect volatile data “live” if required.
• Some data may be lost if the machine is shut down.
• Data can be collected while the machine is still on.
Investigation
Page 25
Secure the Evidence
• Don’t shut down the system using normal shutdown routines.
• The primary rule is: “If the computer is off, don’t turn it on.”
Investigation
Page 26
Considerations When Seizing Evidence
• Be certain to document the scene with photographs or a
diagram, depending on the complexity of the setup. Remember
that it might be a year or longer before testimony about what
the office looked like on the day of the seizure will be asked
for in a legal proceeding.
Investigation
Page 27
Identifying Digital Evidence
• View of server’s wires
• Another reason to photograph
the scene
Investigation
Page 28
Considerations When Seizing Evidence
• Many people write down or record their passwords near their
computers. Fraud examiners should look around for notes
that may appear to be passwords. This practice may aid in
the discovery of passwords needed to access encrypted data
in the event that the subject of the investigation is being
uncooperative.
Investigation
Page 29
Imaging
• Image acquisition involves using a standalone hard drive
duplicator or similar device to duplicate a computer’s entire
drive without altering it.
• This process is known as imaging because it takes a hard
drive and images it to another hard disk drive or other
media.
Investigation
Page 30
Analyzing
• Best to use a combination of various forensic tools during the
analysis phase.
• Fraud examiners should look for inculpatory evidence (i.e.,
evidence that serves to incriminate the subject of the
investigation) and exculpatory evidence (i.e., evidence that
serves to disprove the subject’s involvement in the
misconduct).
• Primary concern is to maintain the integrity of the data at all
times.
Investigation
Page 31
Investigation
Report Writing
Report Structure
• Generally, the following sections should be included in fraud
examination reports:
 Background
 Executive summary
 Scope
 Approach
 Findings
 Summary
 Impact
Investigation
Page 33
Characteristics of a Good Report
• A well-written report contains the following four
characteristics:
 Accuracy
 Use memorandum that documents the details of the
interview.
 Clarity
 Avoid using jargon and technical terms; explain terms
if used.
 Impartiality / Relevance
 Report all facts without bias; include relevant info.
 Timeliness
Investigation
Page 34
Reporting Mistakes
• Conclusions—based upon observations of the evidence
• Opinions—interpretation of facts
• Be cautious about drawing conclusions
• Conclusions should be self-evident and not necessarily
pointed out in the report
 If not obvious, clarify report
Investigation
Page 35
Opinions
• Do not express an opinion on legal guilt or innocence.
• No opinion about integrity or veracity of witness in report.
• Opinions on technical matters permitted if fraud examiner is
an expert in the matter.
Examples:
 Permissible expert opinion might be in regard to the
relative adequacy of an entity’s internal controls.
 Another might discuss whether financial transactions
conform to generally accepted accounting principles.
Investigation
Page 36

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Conducting a fraud audit

  • 1. Investigation Process Planning and Conducting a Fraud Examination Investigation 1
  • 2. Fraud Examination • Fraud examination refers to a process of resolving allegations of fraud from inception to disposition. Tasks include:  Planning  Obtaining evidence INCULPATORY exculpatory  Reporting  Testifying to findings  Assisting in fraud detection and prevention • Forensic accounting is the use of professional accounting skills in matters involving potential or actual civil or criminal litigation. Investigation Page 2
  • 3. Fraud Examination Methodology • Assume Litigation Will Follow  Begin with the proposition that the case will end in litigation • Act on Predication  Should not conduct or continue fraud examinations without proper predication • Move from General to Specific  Informational witnesses first, then subject Investigation Page 3
  • 4. Definition of Predication Predication definition is the totality of circumstances that would lead a reasonable, professionally trained, and prudent individual to believe a fraud has occurred, is occurring, and/or will occur. Fraud examiners should not conduct or continue fraud examinations without proper predication definition; Data analytics is instrumental in helping a fraud examiner define predication. Define predication is the basis upon which a fraud investigation begins. Investigation Page 4
  • 5. Fraud Theory Approach • Analyzing available data • Creating a hypothesis • Testing the hypothesis • Refining and amending the hypothesis Investigation Page 5
  • 6. Develop a Fraud Response Plan/Policy • A fraud response policy/plan outlines the actions that members of an organization will take when suspicions of fraud have arisen. • Because every fraud is different, the response plan should not outline how a fraud examination should be conducted. • Instead, response plans should help organizations manage their responses and create environments to minimize risk and maximize the potential for success. Investigation Page 6
  • 7. Initial Response • Activate the response team. • Engage legal counsel, if necessary. • Consider contacting the insurance providers. • Address immediate concerns. • Conduct an initial assessment. • Document the initial response. Investigation Page 7
  • 8. Assemble the Fraud Team • Certified Fraud Examiners (CFEs) • Legal counsel • Accountants or auditors (internal or external) • Forensic accounting investigators • Audit committee members • Security personnel • Human resources (HR) personnel • A management representative • Information technology (IT) Personnel • Computer forensic experts • Data analytics specialists • External consultants • Industry specialists Investigation Page 8
  • 9. Dos and Don’ts • Consider size. • Check for conflicts. • Check for reporting issues. • Select team members to fit the demands and objectives. • Recognize unique skills. • Recruit members with the skills needed. • Select people who work well together. • Don’t select members who lack restraint or a sense of discretion. Investigation Page 9
  • 10. Developing an Investigation Plan • Review and gain a basic understanding of key issues. • Define the goals of the investigation. • Identify whom to keep informed. • Determine the scope of the investigation. • Establish the investigation’s timeframe. • Address the need for law enforcement assistance. • Define members’ roles and assign tasks. • Address operational/logical issues. • Outline the course of action. • Obtain the necessary resources. • Prepare the organization. Investigation Page 10
  • 11. Prepare the Organization • Whether or not a violation of the law occurred is not the primary focus – finding the facts is. • Prepare the managers of the employees involved. • Notify key decision makers. • Notify the organization’s in-house or outside counsel when investigation is about to begin. Investigation Page 11
  • 12. Preserving Confidentiality • Avoid Alerting the Suspect  Important to have information about the person who is being investigated and what he can access.  Limit the extent of any discussions.  Only inform those who need to know.  Inform employees of the consequences of a confidentiality breach.  Work discreetly without disrupting the office’s normal course of business.  Work fast.  Investigate during off hours. Investigation Page 12
  • 13. Preserving Confidentiality • Request Participant’s Confidentiality  Remind participants to refrain from discussion. • Guard Case Information  Store confidential documents in locked file cabinets or rooms.  Avoid talking in public places.  Avoid using email or other electronic means (e.g., text messages or instant messages) to transmit confidential case information. • Consider Implementing Any Applicable  Evidentiary Privileges E.g., legal professionals Investigation Page 13
  • 15. Creating A Chain of Custody • The chain of custody has the purpose of establishing from the time the evidence is collected to the time of its presentation to a court or perhaps to a regulatory body that it has been properly preserved from alteration or damage and thus retains its probative value. • Before gathering any evidence, the forensic accounting investigator should consider with counsel and the client the level of detailed record keeping necessary to establish the chain of custody over the evidence. • For the most part, establishing the chain of custody is merely a record-keeping procedure not very different from physical inventory procedures with which many accountants are familiar. • The procedure is used for establishing where the evidence came from and that it has been properly secured, principally against alteration, since it was acquired.
  • 16. Planning Considerations • Depending on the issue under investigation, it is often necessary to meet with the client to discuss the types of evidence you may require and to locate that evidence for the time periods under review. • Review of client’s record retention policies and whether there is compliance • Storage locations for paper records, both on- and offsite • Imaging technology used for transaction documents, such as customer invoices, vendor invoices, and contracts • Existence and storage of employee files • Existence of files at employees’ homes, including home computers • File retention practices at different corporate locations, which may vary substantially
  • 17. Planning Considerations • Organizational chart and reporting hierarchy • Storage medium for computerized records, both on- and offsite • Backup procedures used for employee computers and e-mail, including when backups occur and what information is lost or retained and what is contained on servers versus individual hard drives • Retention of records kept by or about former employees of the company • System changes in relation to corporate accounting systems or e-mail systems • Existence of documents related to outsourced corporate functions such as payroll and internal audit • Creation of a written plan for the collection of documents is frequently an excellent tool for focusing the efforts of the investigation team on material most likely to be relevant.
  • 19. Digital Forensics • Deleted files and other data that has not been overwritten • Temporary auto-save files • Print-spool files • Websites visited, even where the browser history and cache have been deleted • Communications sent via chat or IM • Documents, letters, and images created, modified, or accessed on the computer • The time and date information about files Investigation Page 19
  • 20. Digital Forensics • Digital evidence is more volatile than paper information; therefore, it can be easily altered or destroyed. • Integrity must be preserved. • If files are destroyed, it can give rise to a claim of spoliation of evidence. • If authenticity is not supported or proven, evidence will be inadmissible. • Rules are the same. Investigation Page 20
  • 21. Locating Evidence • User-Created Files • User-Protected Files  Camouflaged files  Steganography  Encryption • Detection Methods  Visual anomalies in jpeg, bmp, gif files  Audible anomalies in wav, mp3, mpeg files  Statistical properties of files deviate from norm Structural oddities suggest manipulation (e.g., size, date, time differences) Investigation Page 21
  • 22. Locating Evidence • Printers  Internal hard drives • Copiers and Scanners  Internal storage • Fax machines • Backup storage devices • Removable storage • Smartphones • Cloud environments Investigation Page 22
  • 23. Privacy Issues • Search policy should include personal electronic devices:  Smartphones  USB flash drives  MP3 players  Laptops • Written privacy policy Investigation Page 23
  • 24. Computer Investigation and Digital Forensics • Digital forensics typically involve these phases:  Seizing  Imaging  Analyzing  Reporting and testifying Investigation Page 24
  • 25. Collecting Volatile Data • If the computer is off, leave it off. • Collect volatile data “live” if required. • Some data may be lost if the machine is shut down. • Data can be collected while the machine is still on. Investigation Page 25
  • 26. Secure the Evidence • Don’t shut down the system using normal shutdown routines. • The primary rule is: “If the computer is off, don’t turn it on.” Investigation Page 26
  • 27. Considerations When Seizing Evidence • Be certain to document the scene with photographs or a diagram, depending on the complexity of the setup. Remember that it might be a year or longer before testimony about what the office looked like on the day of the seizure will be asked for in a legal proceeding. Investigation Page 27
  • 28. Identifying Digital Evidence • View of server’s wires • Another reason to photograph the scene Investigation Page 28
  • 29. Considerations When Seizing Evidence • Many people write down or record their passwords near their computers. Fraud examiners should look around for notes that may appear to be passwords. This practice may aid in the discovery of passwords needed to access encrypted data in the event that the subject of the investigation is being uncooperative. Investigation Page 29
  • 30. Imaging • Image acquisition involves using a standalone hard drive duplicator or similar device to duplicate a computer’s entire drive without altering it. • This process is known as imaging because it takes a hard drive and images it to another hard disk drive or other media. Investigation Page 30
  • 31. Analyzing • Best to use a combination of various forensic tools during the analysis phase. • Fraud examiners should look for inculpatory evidence (i.e., evidence that serves to incriminate the subject of the investigation) and exculpatory evidence (i.e., evidence that serves to disprove the subject’s involvement in the misconduct). • Primary concern is to maintain the integrity of the data at all times. Investigation Page 31
  • 33. Report Structure • Generally, the following sections should be included in fraud examination reports:  Background  Executive summary  Scope  Approach  Findings  Summary  Impact Investigation Page 33
  • 34. Characteristics of a Good Report • A well-written report contains the following four characteristics:  Accuracy  Use memorandum that documents the details of the interview.  Clarity  Avoid using jargon and technical terms; explain terms if used.  Impartiality / Relevance  Report all facts without bias; include relevant info.  Timeliness Investigation Page 34
  • 35. Reporting Mistakes • Conclusions—based upon observations of the evidence • Opinions—interpretation of facts • Be cautious about drawing conclusions • Conclusions should be self-evident and not necessarily pointed out in the report  If not obvious, clarify report Investigation Page 35
  • 36. Opinions • Do not express an opinion on legal guilt or innocence. • No opinion about integrity or veracity of witness in report. • Opinions on technical matters permitted if fraud examiner is an expert in the matter. Examples:  Permissible expert opinion might be in regard to the relative adequacy of an entity’s internal controls.  Another might discuss whether financial transactions conform to generally accepted accounting principles. Investigation Page 36