(taken from the
Jan/Feb 2006 issue of On Balance magazine)
CPA sleuths:
Bringing the truth to light
By Colleen Smith
Like a Perry Mason movie brought to life is the way
some forensic accountants describe their jobs. Investigations and
courtrooms are part of their everyday lives, but the glamour is an
illusion.
“I spend lots of time digging through boxes, getting
dirty, making copies and doing other less-than-desirable tasks,” said
Tracy L.
Coenen, CPA, MBA, CFE
of Sequence Inc. in Milwaukee.
“When I talk to
students they often see forensic accounting as an exciting, sexy,
sleuth sort of thing,” said
Howard L.
Marklein, CPA,
partner at Virchow Krause & Co. in Elkhorn. “The reality is, it is
very, very detail-oriented. You have to be a strong auditor to do a
good job.”
Forensic accountants also have to be comfortable on the
witness stand. It’s one thing to do research and issue a report.
Telling your story in open court is a different, but related, job
requirement.
Intuition plays a role, too, said Coenen: “One of my
most important assets is my intuitive ability to investigate.”
Gregory A. Anderson, CPA,
president of Ihlenfeld, Skatrud, Anderson, Inc. in Manitowoc, says
forensic accounting requires a unique perspective. “You largely
disregard the books, what’s on paper,” he said. “The things you’re
looking for often never make it to paper. You have to review the
business system itself.”
Marklein said forensic work is not based on a statistic
sample. It involves identifying schemes, calculating losses, viewing
documents and making copies.
Forensic CPAs are in demand as fraud investigations in
small and large organizations make headlines. In fact, 6 percent of
gross revenue is lost to internal fraud in the United States every
year, according to the Association of Certified Fraud Examiners (ACFE).
“It’s a line item that never shows up on the financial statement,”
Anderson said.
While CPAs say awareness about fraud has grown and
demand for their expertise has increased because of Enron and
WorldCom, they don’t believe fraud is on the rise. Recent cases have
changed the way they go about their business, however.
Trends
Improved technology and increased litigation are among the most
significant changes in forensic accounting.
Timothy P. Muehler’s
forensic group is 50-strong at Clifton Gunderson’s offices nationwide.
A CPA and attorney, Muehler said technology enables financial
statements, documents and checks to be scanned, saved and searched
according to number and word protocols. “We can do our investigations
much more quickly and avoid human errors,” he said.
“If we think an employee voided checks or wrote checks
using fictitious names or vendors, we can use our search protocol to
sort through millions of pieces of data with highly specific search
parameters,” Muehler said. “It’s remarkably quick.”
CPAs said businesses are more likely to press charges
when they find fraud. District attorneys also seem more inclined to
take on white-collar fraud cases than in the past.
“Unfortunately, though, many cases continue to be
settled out of court and deals are cut,” Anderson said. A recent case
of his involved an employee theft of $250,000. The company decided to
settle and not press charges to keep bad publicity out of newspapers.
“Problem is, nothing prevents that person from getting
picked up as an employee elsewhere and doing the whole thing again,”
Anderson said.
Marklein added that decisions not to press charges also
send a wrong message to other employees: “The message to everyone
becomes, ‘The worst thing that happens if you steal here is you have
to pay some of it back or get fired.’ ”
Signals
Many CEOs
believe that fraud won’t happen to them. However, Coenen said her
cases involve people in positions of significant trust within a
company: a CFO, controller, CEO or operations manager.
Frequent telltale signs include employees who suddenly
seem to be living a more expensive lifestyle, pay for everything in
cash and don’t take vacations for possible fear their schemes will be
realized.
Recent fraud statistics from the ACFE show that 93
percent of offenders are first-time offenders. Males and females
commit an almost equal number of frauds, but the amount lost by males
is significantly higher.
An embezzler can be someone with whom an executive has
grown close. “Some of the most classic fraud examples involve the
longtime trusted employee, someone who may look like your grandma or
grandpa,” Anderson said. “You’re close to them. You may go out to
dinner with them and know their children. Your judgment becomes
clouded.”
“You almost have to throw trust for your own employees
out the window,” he said. “Not because you think they’re Charles
Manson, but once you get into an automatic sense of trust you can be
positioned for trouble.”
Prevention
CPAs
strive to help organizations prevent fraud through systems, reviews
and diligence.
“We have to be proactive,” Anderson said. “It’s hard
enough to make a buck in today’s world with increasing wages, health
care costs and heating expenses.”
John
Klugiewicz, CPA,
a special agent in the White Collar Crime Squad of the FBI’s Milwaukee
office, said that as companies increase their internal control
efforts, it is likely they will detect hidden fraud schemes.
“I encourage auditors to involve a forensic accountant in the audit
planning process and SAS 99 brainstorming sessions,” Marklein said.
“We can provide an independent critical view. We bring a criminal
mindset. We’re much more skeptical. We know from experience where a
particular business or industry may be most vulnerable.”
Muehler said organizations with policies and checks and
balances could have a false sense of security: “The problem is those
policies and procedures aren’t always being followed.”
Experience
necessary
Forensic
accounting isn’t a part-time endeavor, Muehler said. Experience is
required when investigating or setting up controls. Organizations that
try to pre-investigate can spoil the evidence.
“If you don’t spoil the evidence you may taint it,”
Muehler explained. For example, turning on a computer can destroy
evidence. “Certain things happen automatically when you turn a
computer on,” Muehler said. “If you suspect you have an activity that
should be investigated, you want to retain the hard drive in its
original form.”
Klugiewicz, whose FBI unit is focused on preventing
terrorism, said fraud cases must meet the reasonable-doubt standard.
“The admissibility of evidence collected by forensic accountants is
subject to criminal case admissibility standards. It’s important that
such information is collected and maintained properly by the forensic
accountant or person collecting them.”
CPAs said involving experts is a must for system
control development, reviews and investigations. “Firms or
organizations should consider a team or network approach,” Anderson
said.
Muehler said his team is often called on by attorneys
and other CPA firms. “We’ve done a number of valuations for sole
proprietors and small CPA firms,” he said. “There’s a level of trust
there because they’ve given me access to their client. I provide the
service for them and move on.”
CPAs who want to pursue forensic accounting should
assist an experienced forensic accountant before leading a case,
Coenen said. They can also obtain additional education and
certification such as the certified fraud examiner (CFE), accredited
business valuation (ABV) and certified valuation analyst (CVA.)
“It is very important to be aware of the background,
credentials and experience of a forensic accountant,” Coenen said.
Colleen Smith
is principal of Emerald Isle Marketing Public Relations, a New
Berlin-based, full-service communications firm.
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