Chapter 1Core Foundation Related to Fraud Examination and Financial Forensics*LO #1Forensic Accounting and Fraud Examinationby Mary-Jo Kranacher, Richard Riley, Joseph T. Wells

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What is Fraud?Fraud is an intentional deception, whether by omission or co-mission, that causes its victim to suffer an economic loss and/or the perpetrator to realize a gain.Simple Working Definition:Theft by deception.*LO #1

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Legal Elements of FraudA material false statement.Knowledge that the statement was false when it was spoken. Reliance on the false statement by the victim.Damages resulting from the victims reliance on the false statement.*LO #6

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Three Ways to Relieve a Victim of Money IllegallyForceTrickeryLarceny

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Legal Ramifications of TheftLarceny felonious stealing, taking and carrying, leading, riding, or driving away with anothers personal property, with the intent to convert it or to deprive the owner thereof.Must Prove:There was a taking or carrying away of the money or property of anotherwithout the consent of the owner andwith the intent to deprive the owner of its use or possession.*LO #1

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Legal Ramifications of TheftConversion an unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to another, to the alteration of their condition or the exclusion of the owners rights.*LO #1

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Legal Ramifications of TheftEmbezzle willfully to take, or convert to ones own use, another's money or property of which the key words in that definition are acquired possession lawfully*LO #1

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Fiduciary RelationshipFiduciary a person holding a character analogous to a trustee, in respect to the trust and confidence involved in it and the scrupulous good faith and candor which it requires.Simple working definitionSomeone who acts for the benefit of another.

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Violating Fiduciary RelationshipFiduciaries have a duty to act in the best interests of the person whom they represent. When they violate this duty, they can be liable under the tort of breach of fiduciary duty.Must prove:A fiduciary relationship existed between plaintiff and defendant.The defendant (fiduciary) breached his or her duty to the plaintiff.The breach resulted in either harm to the plaintiff or benefit to the fiduciary. *LO #1

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Major Categories of FraudAsset Misappropriation theft of misuse of an organization's assets.Corruption unlawful or wrongful misuse of influence in a business transaction to procure personal benefit, contrary to an individual's duty to his or her employer of the rights of another.LO #1*

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Major Categories of FraudFinancial Statement Fraud and other Fraudulent Statements involve intentional misrepresentation of financial or nonfinancial information to mislead others who are relying on it to make economic decision.

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Financial Statement FraudMajor areas of financial statement fraud:Fictitious revenue (related areas)Improper timing of revenue and expense recognitionConcealed liabilitiesInadequate and misleading disclosuresImproper asset valuationImproper and inappropriate capitalization of expenses.LO #1*

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Financial Statement FraudCharacteristics of financial statement fraud:The misstatement is material and intentionalUsers of the financial statements have been misled.LO #1*

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Common Fraud SchemesLO #7*

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Fraud vs. AbuseDefined very similarly:Abuse a deceitful act, deception; a corrupt practice or custom; improper use or treatment, misuse.Subjective interpretation by individual or company on difference.

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Financial ForensicsDefined: the application of financial principles and theories to facts or hypotheses at issue in a legal dispute and consists of two primary functions:Litigation advisory services, which recognizes the role of the financial forensic professional as an expert or consultant.Investigative services, which makes use of the financial forensic professionals skills and may or may not lead to courtroom testimony.LO #3*

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Role of Auditing, Fraud Examination and Financial Forensics Financial auditors ensure that financial statements are free from material misstatements.Fraud examiners assist in fraud prevention and deterrence efforts that ado not involve the audit of nonpublic companies or legal systems.Financial Forensic Professionals calculate economic damages, business or asset valuations, and provide litigation advisory services that may involve allegations of fraud.LO #4*

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LO #1*FIGURE 1-1 Auditing, Fraud Examination, and Financial ForensicsAuditingRisk AssessmentInternal ControlsFinancialForensicsLitigation Support -calculation of economicdamages, maritaldissolution, businessvaluation, etc.

Fraud ExaminationPlanningFS Fraud DetectionFraud Prevention &DeterrenceGathering EvidenceInterviewingWitnessesReportingSOCIALCULTURALPOLITICALLitigation Support related to fraud Fraud Detection Expert WitnessingInvestigation RemediatingDYNAMIC FORCES

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Fraud TrianglePerceivedOpportunityLO #5*Fraud TrianglePerceived PressureRationalization

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M.I.C.ETypical motivations of fraud perpetratorsMoneyIdeologyCoercionEgoLO #5*

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Non-Fraud Forensic and Litigation Advisory EngagementsTypical Services:LO #8*Damage claimsWorkplace issuesAsset and business valuationsCosts and lost profitsInsurance claimsDivorce and matrimonial issuesAnti-trust actionsIntellectual property infringementEnvironmental issuesTax disputes

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The InvestigationProfessional skepticism a mindset that recognizes the possibility that a material misstatement due to fraud could be present.Attributes Recognition that fraud may be present.Attitude that includes a questioning mind and a critical assessment of the evidence.Commitment to persuasive evidence.LO #9*

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The InvestigationRed flags a warning signal or something that demands attention or provokes an irritated reaction.LO #9*

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The InvestigationThree categories of fraud risk factors:Motivational: Is management focused on short-term results or personal gain?Situational: Is there ample opportunity for fraud?Behavioral: Is there a company culture for a high tolerance of risk?LO #9*

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The InvestigationSuccessful investigators base their conclusions and results on their investigations on evidence.Evidence anything perceived by the five senses and any proof such as testimony of witnesses, records, documents, facts, data, or tangible objects legally presented at trial to prove a contention and induce a belief in the minds of the jury.LO #9*

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The InvestigationElements of FraudLO #9*ElementsOf FraudActConcealmentConversion

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The InvestigationHypothesis-Evidence MatrixAnalyze available dataCreate hypothesesTest the hypothesesRefine and amend hypothesisDraw conclusionsLO #9*

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The InvestigationMethodologies Used in Fraud and Financial Forensic Engagements (3 tools):Examination of financial statements, books and records and supporting documentation.Interviews to obtain relevant informationObservation

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Fraud Examination MethodologyPredicationFraud prevention and deterrenceFraud detection and investigationRemediation: Criminal and Civil Litigation and Internal ControlsLO #10*

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