INTRODUCTION Flashcards

1
Q

Fraud examination is

A

a methodology for resolving fraud allegations from inception to disposition

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2
Q

fraud examination involves

A

obtaining evidence and taking statements, writing reports, testifying to findings, and assisting in the detection and prevention of fraud

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3
Q

Forensic accounting is

A

the use of professional accounting skills in matters involving potential or actual civil or criminal litigation.

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4
Q

Axioms of Fraud Examination

A

Fraud is Hidden
Reverse Proof
Existence of Fraud

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5
Q

Assembling the Fraud Team

A
Certified Fraud Examiners 
Auditors 
Security
Human Resources Personnel 
Management Representative
Outside Consultant 
Legal Counsel
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6
Q

Predication

A

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

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7
Q

The fraud theory approach involves the

following steps, in the order of their occurrence:

A
  • Analyse available data
  • Create a hypothesis
  • Test the hypothesis
  • Refine and amend the hypothesis
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8
Q

The Fraud Examiner’s Tool Kit

A
Interviewing
Neutral Third-Party Witnesses 
Corroborative Witnesses 
Co-Conspirators
Subject
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9
Q

The purpose of the fraud examination is

A

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

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10
Q

While it is not possible or necessary to list every variation of white-collar crime and fraud, all have common elements, such as

A

• 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

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11
Q

Some of the more common ways to show

intent include proof that the accused

A
  • 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
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12
Q

Proof Stages in Fraud Cases

A

Stage One: Building the Circumstantial Case
Stage Two: Obtaining Direct Evidence
Stage Three: Sealing the Case through Examination of the Subject

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