Chapter 12
1) Taxes: Frauds typically result in business losses. For income tax purposes, such losses may be classified as either deductions or offsets to reportable revenues depending on the type of loss and the taxing authority.
2) Employment: Employees who are fired for serious misconduct (e.g., fraud) are not entitled to a government agency.
3) Regulatory Reporting of Fraud: A fraud investigation report may trigger a mandatory reporting of the fraud to a government agency.
4) Litigation: Can be very helpful in both criminal and civil litigation.
5) Insurance Claims: This coverage can include losses such as those due to the costs of preparing a proof of loss, losses due to embezzlement, losses of valuable papers and records, and loss of income.
Elements of Fraud Report
1) Address section: Whom the report is from and whom it is addresses to. Any restrictions regarding distribution of the report should be mentioned.
2) Background information: Very briefly describe what triggered the investigation.
3) Executive summary: Summarize in a few paragraphs the entire investigation: the methods and tests used, any professional standards followed, and its results.
4) Scope and objectives: Indicate what the investigation sought to accomplish and any limitations placed on it.
5) Approach: Provide general information about the members of the fraud investigation team, the procedures and methods used, the test performed, and the evidence collected.
6) Findings: Provide details regarding the methods used, tests performed, and the evidence collected, include a simple one-or two-sentence statement of the findings of the investigation.
7) Recommendations: Contain recommendations regarding repairing any internal control weaknesses that led to a fraud, referring the matter to legal counsel and reporting it to authorities.
8) Exhibits: Include copies of documents, interview transcripts, a brief resume of the fraud investigator, and so on.
In writing a report, the investigator must give special consideration to the possibility of being sued by any suspect who does not appear favorably in the report. For this reason, the investigator should not suggest guilt ofany particular suspect. A good practice is for the investigator to discuss any doubtful wording with her professional liability insurance company before releasing it to the client.
The fraud loss recovery process includes taking actions to make the victim whole again to the extent possible. In general, the various recovery options for fraud losses are to accept the loss, collect insurance if available, or litigate.
Being able to testify on anything on which they can reasonably rely permits experts to base their conclusions on their own experience, their technical knowledge, and sometimes even hearsay evidence that would not directly be admitted into evidence. This makes experts a powerful force in the courtroom.
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