FORENSIC ACC Details 1
FORENSIC ACC Details 1
FORENSIC ACC Details 1
Introductory Analysis
1.1 Statement of the Study
Accounting has been assisting every commercial activity ever since the beginning of
trade, as simplified as it was at that time. Due to the need to efficiently and accurately
translate the economic reality into figures, accounting has been continuously
improving. “What the use of finger prints was to the 19th century and DNA analysis
was to the 20th, forensic accounting will be to the 21st century,” said Gordon Brown,
former Chancellor of the Exchequer. The number of fraudulent activities and dubious
financial activities has been increasing all over the world. Consequently, businesses
are exposed to new risks of fraudulent activities. In such a context, the market for
forensic accounting continues to grow especially in the backdrop of the recent rash of
corporate scandals, corporate collapses, and business failures. In fact these have
prompted business houses to hire forensic accountants to discover through
investigation, various types of wrongdoing in one hand and prevent such occurrence
on the other. Forensic accounting has established itself as dynamic and strategic tool
in combating corruption, crime and frauds through investigations and resolving
allegations of frauds and embezzlements. It is fact that recently corporate world is
taking more measures to combat fraud and launching new antifraud initiatives and
programs by appointing forensic accountant in response to the Sarbanes – Oxley Act
of 2002 than to prior years specially because of the occurrence of strong shocking
corporate scandals such as Enron (2001), Sunbeams (2001), Dynegy (2002),
WorldCom (2002), Adelphia (2002), etc. My approach is specifically centered on the
forensic accounting implications. So to know deeply about the concept forensic
accounting I have chosen the topic “The Effect of Forensic Accounting as a Tool
for Fraud Detection and Prevention” as my project report.
1.2 Significance of the Study
The report is built upon a theoretical approach and presents the state of the art for the
forensic accounting paradigm. Therefore, this study is mostly based on the knowledge
derived from how forensic accounting is supporting the accounting profession. Based
upon the most recent studies and practitioners’ technical reports, this report will
reveal the current scenario of forensic accounting in Bangladesh and how much it is
being introduced and recognized to the professional accountants, Multinational
Corporation as well as local organizations and used as a fraud detection tool.
The main thrust of this study has concentrated on the issues relevant to the current
status of the application of forensic accounting in Bangladesh and how efficiently
it works as a fraud detection tool.
While the duties of a forensic accountant mainly leads them to investigating and
analysing, they are also commonly called on as an expert witness during a trial, due to
the combination of experience and knowledge required to enter the field.
There are also instances in which the skills forensic accountants employ are used in
more personal matters. The dissolution of a marriage, for instance, is an event during
which a forensic accountant will review the financial situation of both parties as well
as their spending to further the settlement process or to assist attorneys with accurate
information to use in court. Forensic attorneys are able to trace assets through the
various investments and accounts as well as identify any hidden income or assets.
Crumbley (2001) noted that the professional history of forensic accounting may be
traced back to 1992 when the American College of Forensic Examiners was
established with the American Board of Forensic Accounts starting in 1997. The
Journal of Forensic Accounting, Auditing, Fraud and Taxation began publication in
2000. In 2002 the Sarbanes-Oxley Act established the Public Companies Accounting
Oversight Board (PCAOB), which was charged with developing auditing standards,
conducting investigations and ensuring corporate compliance. As a result of the
Sarbanes-Oxley Act, there has been continuing emphasis on forensic accounting.
Forensic accounting is the new branch in accounting which has the sole aim of
unearthing fraudulent activities within and outside an organization so far as the third
party’s action is in any way reflective on the activities of that organization (Crumbley,
2003). As a discipline, it encompasses financial expertise, fraud knowledge, and a
sound knowledge and understanding of business reality and the working of the legal
system. Zysman (2004) points out that the development of forensic accounting has
been primarily achieved through on-the-job training as well as experience with
investigating officers and legal counsel.
The discipline is beginning to see many avenues for additional proficiencies that go
beyond accounting and finances. The need for skill sets more accustomed with the
legal process and computer technology are highly sought after and play a crucial role
in determining the outcome of courtroom events. Forensic accounting is in its current
state due to a few factors — one of them being the rise of a new generation of hopeful
entrepreneurs and business professionals. Every year, about 500,000 new businesses
start up, many of which have partial or major online components.
With the newborn reliance on technology, the role of the forensic accountant has
expanded into the digital world. Information stored online, regardless of the strength
of passwords and other security features, is always at some level of risk and the
modern forensic accountant has evolved their skills to include various methods of
investigation that apply to the ever-changing digital world.
They can be commonly seen sifting through enormous email accounts and other
digital services for the hint of fraudulent activity, just as easily as they are found
sorting boxes of files, folders, and forms.
Grippo and Ibex (2003) Mazni and Mohd (2008); and Carey (2008) revealed that
forensic accounting is different from auditing and is as presented in the table below:
Corporate crime is difficult to be detected and identified and is not as evident as the
conventional crime (Enofe et al., 2015). It is of essence therefore for legal action and
other administrative measures to be taken to prevent, defeat and reduce the occurrence
and the impact of this crime (Sudti-autasilp, 2008). This kind of crime involves a
complex web of deception and conspiracy that most times mask the actual cause of
the fraud (Enofe et al., 2015). Forensic accounting tools, accounting and computer
forensic are the investigators best weapon in detecting and mitigating corporate crime
(Hansen, 2009).
Detection and therefore mitigation of corporate crime or white-collar crime are made
possible by the application of investigative tools by the forensic accountant (Baird &
Zelin, 2009). Examples of types of corporate crimes committed by corporate
individuals and institutional management include but not limited to; securities-related
crimes, consumer fraud, tax fraud, insider trading, insurance fraud, bribery,
corruption, political fraud, bankruptcy etc. (Enofe et al., 2015).
In addition, Koh, Arokiasamy, and Suat (2009), in their study, examined forensic
accounting in the aspect of public acceptance towards fraud detection and they
accentuated that the important subject was that forensic accounting is conducted to
improve the understanding in detecting and reducing accounting crimes. They thought
that audit firm as one of the tools to investigate a company “s financial statements for
fraudulent activities as requested by certain parties has practiced it They emphasized
that the forensic accounting activities such as investigative accounting and litigation
support would enrich the managerial performance. Stoel, Havelka, and Merhout
(2012), in their study, emphasized the increasing importance of information
technologies in accounting, auditing and also dealt with the data mining technique
that the forensic accountant can benefit from when faced with the corporate crimes.
This is because technology is being used for vicious purposes and struggle with this
kind of crimes. Singleton and Aaron (2010), in their study, highlighted forensic
accounting and fraud auditing, and they concentrated on topics such as responsibility
of the auditors, red tags, and fraud detection, protection from fraud and control,
forensic accounting with the dimension of expert testimony in protection from
corporate crimes.
With the drastic increase in public demand for honesty, fairness, and transparency,
there has recently been an increased need for forensic accountants (Ramaswamy,
2011). The author emphasized the difference between forensic accountants skill set
with that of auditors or financial accountants. It was also pointed out that there is a
need for universities to prepare education programs in order to train qualified forensic
accountants to meet the potential future needs. From these studies, it can be deduced
that there is a dire need to embrace forensic accounting to aid in detecting and
therefore mitigating corporate crimes that are increasing by the day in financial
institutes.
2.9 Common Accounting Fraud Areas
Usually in any typical fraud investigation, the forensic accountant and his team would
encounter similar factual scenarios or frauds, which are not peculiar to any
organisation. The more common types are illustrated in the following table:
Inventory a) Over-valuation
b) Non-existent inventory
Degboro and Olofinsola (2007) noted that an important challenge to the application of
forensic accounting in financial fraud control in developing countries is that the law is
not always up to date with the latest advancements in technology. Also, forensic
accounting is, seen as an expensive service that only big companies can afford it to
detect any irregularities or fraud in their companies. Besides, it will be quite costly if
the issues were brought to court and where it involves expert witnessing. Thus, most
companies prefer to settle the issue outside the court to avoid the expensive cost and
the risk of bad publicity on their corporate image. In addition, forensic accounting is a
new trend particularly in developing economies. Hence, accountants with adequate
technical know-how on forensic issues are hardly available.
Accounting and a. To check proper evidences and documents to find out fraud
Finance and theft.
b. Economic loss calculation
c. Business and asset valuation
d. Application of Accounting standards, principles, guidelines
e. Application of Auditing standards, techniques
Law a. For providing litigation support to the clients, forensic
accountants need to have knowledge of different laws such
as company law, civil law, criminal law, cyber law etc.
b. Should know the right court for proper judgments.
Investigative skill a. To understand the psychology of criminals
b. To explore the types of frauds and theft
Communication a. To know different local and international languages for
skill interrogation purposes
b. To prepare investigation report
c. To file case in a formal court
2.13 Typical approach to a Forensic Accounting Assignment
The task of each forensic accounting is unique and different from each other
according to nature and status. Accordingly, the actual approach adopted and the
procedures performed will be specific to it. However, many Forensic Accounting
assignments will include the following steps in general:
Meet with the client: The first step in this typical approach to go through an
assignment is to meet with the relevant objects. It is helpful to meet with the
client to obtain an understanding of the important facts, players and issues at
hand.
Perform a conflict check: Now in this step the concerned forensic accountant
critically observes the whole matters. Then a conflict check should be carried
out as soon as the relevant parties are established.
Perform an initial investigation: It is often useful to carry out a preliminary
investigation prior to the development of a detailed plan of action. This will
allow subsequent planning to be based upon a more complete understanding of
the issues.
Develop an action plan: This plan will take into account the knowledge
gained by meeting with the client and carrying out the initial investigation and
will set out the objectives to be achieved and the methodology to be utilized to
accomplish them.
Obtain the relevant evidence: Depending on the nature of the case this may
involve locating documents, economic information, assets, a person or
company, another expert or proof of the occurrence of an event.
Perform the analysis: The actual analysis performed will be dependent upon
the nature of the assignment and may involve:
Calculating economic damages;
Summarizing a large number of transactions;
Performing a tracing of assets;
Performing present value calculations utilizing appropriate discount
rates;
Performing a regression or sensitivity analysis;
Utilizing a computerized application such as a spread sheet, data base
or computer model; and
Utilizing charts and graphics to explain the analysis.
Prepare the report: Often a report will be prepared which may include
sections on the nature of the assignment, scope of the investigation, approach
utilized, limitations of scope and findings and/or opinions. The report will
include schedules and graphics necessary to properly support and explain the
findings.
Fraud is quite common in big organizations where the number of daily financial
transactions is huge. In such an environment, an employee can easily undertake
fraudulent activities without being caught. Forensic accounting helps in analyzing
whether the company's accounting policies are followed or not, and whether all the
transactions are clearly stated in the books of accounts. Any deviation observed in the
books of accounts can help in identifying fraud, and necessary measures can be taken
to prevent it in the future.
Various cases of fraud that becomes evident after forensic analysis act as a reference
for the government to formulate improved economic policies that would be able to
curb such fraudulent activities in the future. By doing so, the government can
strengthen the economy and prevent such illegal activities in the country.
✘ Confidentiality Issue
Since the scrutiny of a company's financial records are done by an external forensic
accountant the chances of leakage of confidential matter is always there. It is true that
their code of ethics clearly mentions that forensic accountants and other members
involved in the scrutiny must not engage in disclosing confidential data to outsiders,
but the possibility of disclosure cannot be nullified.
It is quite obvious for employees to feel offended when they come to know that their
job is under scrutiny by a third person. If no fraud is identified, employees are left
with the feeling that the employer does not have faith in them. Lost trust can be
difficult to regain in such cases.
Federal regulations limit the use of services from a single accounting firm. Suppose a
company has tied up with one firm for auditing, it cannot ask the firm to provide other
services to it. Therefore, a company has to reach out to several firms for carrying out
its accounting tasks.
Despite the disadvantages associated with forensic accounting, it is, and will continue
to be an important part in the world of business. This is because it helps organizations
and individuals to figure out whether their financial accounts are accurate or
fabricated to hide illegal activities going on within the organization.
Chapter: 3
Literature Review
There is a difference called ‘Perception Gap’ between the public and the auditing
profession concerning the duty of an auditor regarding the fraud and errors detection.
Therefore the auditor duty can be seen as the independent examination and expression
of opinion over the financial statements produced by the entities. It must be done by
an appointed auditor in compliance with the relevant statutory obligation (Millichamp
and Talor, 2008). The traditional role played by the external auditors is that they will
just certify whether or not the financial statements of the concerned clients show a
true and fair view of the state of affairs of the organization. But they are not liable to
detect fraud if they work with proper diligence and good faith. This means that
external auditors are basically working with numbers. They will not go beyond the
number. In such a situation, forensic accountants do not merely look at the numbers
but rather looks behind the numbers. Forensic accounting may be one of the most
effective and efficient way to reduce and prevent accounting fraud (Koh, Arokiasamy
& Suat 2009). Forensic professional accountants while conducting their examinations
must look for signs of fraud whereas all other accountants (financial accountant, cost
and management accountant, and even chartered accountant) in this arena do not do
so. In doing so, forensic accountants may examine internal databases and court
records. Because people committing fraud have hidden the evidence of their crimes,
forensic accountants must look beyond the numbers and anticipate criminal actions
(Bobby Waldrup, Kim Capriotti and Seth C. Anderson, 2009). The majority of the
lawsuits brought against accounting firms involved either bankrupt or financially
distressed (Buckhoff and Schrader, 2001).
Many different organizations consult forensic accountants. Corporations hire forensic
accountants to investigate allegations of fraud on the part of their employees,
suppliers, or customers. Attorneys consult forensic accountants to obtain estimates of
losses, damages, and assets related to specific legal cases in many areas of the law,
including Product Liability, shareholder disputes, and breaches of contract. In
criminal investigations, forensic accountants analyze complex financial transactions
such as those in Stock Market manipulations and price fixing schemes. They also help
governments achieve compliance with various forms of regulation (Jack, and
Lindquist, 1985). The occupational fraud committed by employees usually involves
the theft of assets and embezzlement and the involvement of employees in kickback
schemes or conversion of corporate assets for personnel use, the forensic accountant
on intervene and observe the suspected examination of assets, invigilation, inspection
or documents and interview of those involved to control such practices experience
and these types of engagement enables the forensic accountant to offer suggestions as
to internal controls that owners could implement to reduce the likelihood of fraud
(Owojori & Asaolu 2009).
"While Forensic Accountants ("FAs") usually do not provide opinions, the work
performed and reports issued will often provide answers to the how, where, what,
why and who. The FAs have and are continuing to evolve in terms of utilizing
technology to assist in engagements to identify anomalies and inconsistencies. It is
important to remember that it is not the Forensic Accountants that determine fraud,
but instead the court" (David Malamed, 2011).
Forensic accounting, forensic accountancy or financial forensics is the specialty
practice area of accountancy that describes engagements that result from actual or
anticipated disputes or litigation. "Forensic" means "suitable for use in a court of
law", and it is to that standard and potential outcome that forensic accountants
generally have to work. Forensic accountants also referred to as forensic auditors or
investigative auditors, often have to give expert evidence at the eventual trial
(Crumbley, Heitger and Smith 2005). Several instances of corporate scandals and
failure in resent past have put the professional accounting bodies into a new
perception that goes beyond statutory audit and in some ways even the trend of
corporate governance (Owojori, A.A and T. O. Asaolu 2009). Litigation support work
within the area of forensic accounting is challenging in many aspects, and is an
interesting alternative to the other more visible areas of the accounting profession
such as auditing, tax, and management accounting. In addition to analyzing the
financial considerations of a lawsuit, preparing a damages report, and testifying as an
expert witness, another service the forensic accountant can provide is an important
area as well helping to prepare deposition questions for posing to the other side’s
expert (Fenton and Isaacs, 2012).
Forensic accounting has come into limelight due to rapid increase in financial frauds
and white-collar crimes. The opportunities for the forensic accountants are growing
fast; they are being engaged in public practice and are being employed by insurance
companies, banks, police forces, government agencies, etc. (Bhasin, 2007). Many
wonder if, but not all agree that the failure of Sonali Bank, Ruposhi Bangla Branch to
prevent the fraudulent misappropriation of Tk.3, 607 corers by Hallmark Group (Tk.2,
668 corers) and others is the biggest scandal in the banking industry. In recent times,
several such frauds - (a) misappropriation of Tk.622 corers by one Nurunnabi in
Chittagong in 2007 through a false local letter of credit, (b) embezzlement of Tk.596
corers withdrawn without cheque from Oriental Bank in 2006 (alleged Hawa Bhaban
connection), and (c) transfer of Tk.300 corers by forgery from five banks by one Om
Prokash in 2002 -- were not as heinous as bank defrauding. Perhaps more damaging
has been the transfer in their personal accounts of more than Tk.4, 500 corers by the
powers that be from the mother account of the infamous Destiny Group before the
eyes of the banking authorities several months into the first sighting of the alleged
fraudulent and illegal deposit taking from the members of the public (Mohammed
Farashuddin, Daily Star, September 09, 2012).
The forensic accounting investigator's concern is, at a much more granular level, with
the detailed development of factual information—derived from both documentary
evidence and testimonial evidence—about the who, what, when, where, how, and
why of a suspected or known impropriety. The forensic accounting investigators can
be compared to the detectives called in to investigate a crime. (Gerson, Brolly and
Skalak, 2015).
In 2008, Institute of Chartered Accountants of Bangladesh (ICAB) organized a
seminar on "Forensic Accounting – A Dynamic Tool for Combating Corruption in
Bangladesh". While speaking in the seminar as Chief Guest Professor Muzaffar
Ahmad said, “Corruption poses to destroy the moral of our society and is the number
one problem of the country. The threat of corruption in Bangladesh has increased
manifold in different segments of government offices and the private sector as well, in
wider and alarming scale. To salvage the country from such a deplorable state of
affairs, the role of a forensic accountant is extremely important commented. There is
an unholy alliance among the corrupt elements of the country, which can be
dismantled at least partially, if not fully with the help and assistance of the forensic
accountants” (Financial Express, 2008).
Chapter: 4
Forensic Accounting in
Bangladesh
Table-2 frequency, volume and features of financial crime occurred in July and
August 2015
Frequency Sectors Estimated
Types of crime of involved Nature Monetary
occurrenc value
e
Land Dispute 2 Private-1 Land documentation fraud, 115 corer
Public-1 bribery in land registration and
services
Tax evasion 2 Private-2 Illegal import of tasting salt by 465 corer
false declaration, Illegal import
of mobile phone set
Cheque forgery 2 Public-1 Illegal withdrawal of money Value
from bank unknown
Fund 5 Public-3 Embezzlement by private and 1.30 corer
embezzlement Private-2 govt. officials, improper
documentation
Money 2 Private-2 Exercising political power 10 corer
laundering
Share price 3 Private-3 False price sensitive information Value
inflation due to unknown
false
information
Bribery 2 Public-2 Nepotism in govt. employment Value
unknown
Financial fraud 2 Private-2 Cricket match fixing / Multilevel Value
marketing unknown
Terrorism 2 Private-2 Encouraging terrorism by illegal Value
finance or financing, mobile banking unknown
transaction for transactions for illegal purposes 1.08 corer
illegal purpose
Loan misdeeds 1 Public-1 Illegal relation with bank 400 corer
officers and import loan
transferred to export loan and
rescheduled
Other financial 12 Public-5 Organized theft, supply of poor 5 corer
crimes Private-7 material at regular price,
withdrawing stipend in the name
of students, collecting higher
ticket fare by flight agencies,
etc.
Source: Data survey from newspaper Statements
It is clear from the table that, occurrences of fund embezzlement were the highest in
number. And in respect of the volume, tax evasion (465 corer) occupied the top place.
All these financial crimes happened in both public and private sectors. As per this
statement, about 60% (21 out of 34) financial misdeeds happened in private sectors
and 40% in public sectors. It is also noteworthy that, the report only presented the
published news reports and we can assume that there are many such incidents that are
occurring but are not being revealed in public.
4.3 Examples of few recent scandals that imply necessity of
forensic accounting in Bangladesh
Many previous literatures support the importance of forensic accounting for
developed countries perspective. However, various recent scandals of Bangladeshi
corporations-private or public are accelerating the importance of forensic accounting.
Some of those are presented below.
4.3.2 Unipay2u
Unipay2u has already disappeared robbing few hundred millions of Taka from the
innocent people by alluring them with high profit promises.
4.3.3 Jubok
A large cooperative society named Jubok, which also started illegal banking, was shut
down on 2011 by the government and legal proceedings are now undergoing against
the promoters of Jubok for their illegal activities.
4.3.4 Dolancer
An outsourcing company Dolancer is also apparently involved in fraud by charging
people 100 dollars to be a member and falsely showing in the description that the
company is 20 years old, while the company was incorporated on 25 February 2011.
A perpetrator
A victim
A vehicle of crime, knowingly or unknowingly.
Of these, the most common is a financial institution becoming a victim of fraud and
its being used as an instrument/vehicle for money laundering. Financial institutions
that include both banks and non-bank financial institutions may not always be used
for financial crimes. This is more so in Bangladesh since our informal economy is
very large and it is a predominantly cash transaction based (not leaving any records).
However, the financial institutions cannot shy away from their responsibilities. They
are one of the conduits used in financial crimes. They do not do-
Bangladesh Penal Code, Foreign Exchange Regulations Act, 1947 (FERA), Income
Tax Ordinance, 1984, Money Laundering Prevention Act, 2012 (MLPA) and Anti-
Corruption Commission (ACC) Act, 2004 are laws to prevent such crimes. While
there is always room for improvement in the legal framework, the blame cannot be
put squarely on that. It's the implementation of the laws that leaves a lot to be said.
We do have a Financial Intelligence Unit (FIU) that has been functioning for over five
years though how effective they are is not known in the absence of any publicly
available information on their activities or efficacy. They collect Cash Transaction
Reports from all banks each month. Banks have been filing Suspicious Transaction
Reports for the last ten years to them. It is not clear what they have been doing with
such huge amount of customer's data. It is not clear whether these data are adequately
protected. It seems that BFIU may have serious capacity issues in terms of requisite
expertise in data mining, analysis and forensic accounting. They are also severely
constrained by lack of timely access and cooperation from law enforcement agencies
and judiciary. The Egmont Group, the international forum of FIUs, does not recognize
the existing FIU under Bangladesh Bank. Hence foreign FIU are not interested to sign
information-sharing agreements with them though they have been empowered to do
so.
CA - Chartered Accountant