INTRODUCTION Flashcards
Fraud examination is
a methodology for resolving fraud allegations from inception to disposition
fraud examination involves
obtaining evidence and taking statements, writing reports, testifying to findings, and assisting in the detection and prevention of fraud
Forensic accounting is
the use of professional accounting skills in matters involving potential or actual civil or criminal litigation.
Axioms of Fraud Examination
Fraud is Hidden
Reverse Proof
Existence of Fraud
Assembling the Fraud Team
Certified Fraud Examiners Auditors Security Human Resources Personnel Management Representative Outside Consultant Legal Counsel
Predication
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
The fraud theory approach involves the
following steps, in the order of their occurrence:
- Analyse available data
- Create a hypothesis
- Test the hypothesis
- Refine and amend the hypothesis
The Fraud Examiner’s Tool Kit
Interviewing Neutral Third-Party Witnesses Corroborative Witnesses Co-Conspirators Subject
The purpose of the fraud examination is
to prove or disprove the legal elements of the
offence. Each and every element must be proven (1) beyond a reasonable doubt in criminal cases, and (2) by a preponderance of the evidence in civil cases
While it is not possible or necessary to list every variation of white-collar crime and fraud, all have common elements, such as
• Intent—knowingly to commit a wrongful act or to achieve a purpose inconsistent with law or public policy
• Disguise of purpose—falsities and misrepresentations employed to accomplish the
scheme
• Reliance—by the offender on the ignorance or carelessness of the victim
• Voluntary victim action—to assist the offender
• Concealment—of the offence
Some of the more common ways to show
intent include proof that the accused
- Had no legitimate motive for the activities
- Repeatedly engaged in the same or similar activity of an apparent wrongful nature
- Made conflicting statements
- Made admissions
- Acted to impede the investigation of the offence
- Made statements the offender clearly knew to be false
Proof Stages in Fraud Cases
Stage One: Building the Circumstantial Case
Stage Two: Obtaining Direct Evidence
Stage Three: Sealing the Case through Examination of the Subject