Faransic Accounting
Faransic Accounting
Faransic Accounting
1. False and Willful representation or Assertion: To constitute fraud there must be some representation
or assertion, which is untrue. In the absence of representation or assertion except in the following two
cases, there can be no fraud.
The person making the representation should not believe it to be true, otherwise he/she will not be
guilty of fraud. Moreover, to constitute fraud, the false representation must have been made willfully or
intentionally. For example, X, intending to deceive Y, informs him that his estate is free from
encumbrance. Y thereupon buys the estate. The estate is, however, subject to mortgage. The contract is
induced by fraud.
2. Perpetrator of Representation: The false representation or misstatement must have been made by a
party to the contract or by anyone with its connivance, or by its agent. If a stranger makes the
misstatement to the contract, it cannot result in fraud. For instance, A suggests B to buy C’s car, which
according to A runs 15 kmpl, Later on, B finds that the car runs only 8 kmpl. A was, however, acting
neither on instance of C nor was his agent; he was a stranger. The contract that took place between B
and C cannot be stated to be induced by fraud.
3. Intention to deceive: Intention to deceive the other party is the essence of fraud. In order to commit
a fraud, a person asserts or misstates the fact with the intention that it should be acted upon. As a
matter of fact, misrepresentation elevates to fraud when it is prefixed by the element of intent ion to
deceive the other party. For example, A, intending to deceive B, falsely represents that 1,000 tons of
sugar is produced annually at his factory, although A is fully aware that only 600 tons of sugar can be
produced annually. B ° thereby agrees to buy the factory. A has resorted to fraud to obtain the consent
of B.
4. Representation must relate to a fact: The representation made by the party must relate to a fact,
which is material to the formation of the contract. A mere statement of opinion, belief, or
commendation cannot be treated as fraud. For instance, A states that the detergent produced at his
factory washes whiter than whitest. The statement made by A is merely a commendation of the product
and not a fact. But if A describes the ingredients, which the detergent contains, it becomes a statement
of fact. And if that is found incorrect it amounts to fraud provided A does not believe it to be true.
5. Active concealment of facts: ‘Active concealment’ must be distinguished from ‘passive concealment’.
Passive concealment implies mere silence as to material facts, which barring a few cases, does not
amount to fraud. Whereas, active concealment results in when the party takes positive or deliberate
steps to prevent information from reaching the other party and this is treated as fraud. For example, A
sells a horse to B in an auction despite knowing that the horse is unsound. A says nothing to B about the
horse’s soundness. This is a case of passive concealment of fact and cannot tantamount to fraud.
6. Promise made without intention of performing it: If a person while entering into a contract has no
intention to perform his/her promise, there is a fraud on his/her part, for the intention to deceive the
other party is there from the very beginning. For example, an English merchant appointed an Indian
woman as his personal secretary and promised that he would marry her. Later she came to know that
he was already married and had made the promise without any intention to perform it. It was held that
she could avoid the contract on the ground of fraud.
On similar count, a purchase of goods without any intention of paying the price is a fraud and the
contract can be avoided on this ground.
7. Representation must have actually deceived the other party: The representation made with the
intention to deceive must actually deceive. The party, induced by fraudulent statement, must have
relied on it to accord its consent. .
‘A fraud which did not cause the consent to a contract of the party on whom such fraud was practiced
does not render a contract voidable.’
Thus, an attempt to deceive does not amount to fraud until the other party is deceived thereby. A case
in point is the following example. A had a defective cannon. With a view to conceal the defect, he put a
metal plug on it. B without examining it bought it. The cannon burst when used by B. B refused to pay
the price and accused A of fraud. It was held that B was bound to pay because he was not actually
deceived, as he would have bought the cannon even if the deceptive plug had not been inserted.
8. Any other act fitted to deceive: The expression ‘any other act fitted to deceive’ obviously means any
act, which is done with the intention of committi ng fraud. This category includes all tricks, dissembling,
and other unfair ways, which are used by cunning and clever people to cheat others. For example, a
husband persuaded his illiterate wife to sign certain documents telling her that by the papers he w as
going to mortgage her two plots of land to secure his indebtedness. But, in fact, he mortgaged four plots
of land belonging to her. This was held as an act done with the intention of deceiving the wife.
9. Any such Act or omission that the law specially declares as void: This category includes the act0 or
omission that the law specially declares to be fraudulent. For example, the Insolvency Act and the
Companies Act declare certain kinds of transfers to be fraudulent. Similarly, under the Transfer of
Property Act, the transferor of real estate is bound to disclose to the transferee the following details:
Material defects, if any, in the property such as, cracks in the wall or in beams, and/or
Any defect or dispute as regards transferor’s title, such as property is subject to encumbrance,
i.e., mortgaged or is subject to some dispute pending in a court of law. An omission to make
such disclosure on the part of transferor amounts to fraud.
10. Party mislead must have suffered some loss: The party deceived must have suffered some loss
because as a general rule there can be no fraud without damage and there can be no damages without
an injury. The damage or injury may be some loss in terms of money or money’s worth or some other
detriment, which can be assessed with ease.
• Specific Frauds and Categories:
• Accounts payable fabrication
• Accounts receivable lapping
• False and misleading statement
• Arson for profit • False claim
• Bank fraud • False collateral
• Bankruptcy fraud • False count
• Benefit claims fraud • False data
• Bid rigging • False identity
• Breach of fiduciary duty • False information
• Breach of trust • False ownership
• Business opportunity fraud • False pretenses
• Bust out • False report
• • False representation
Cash lapping
• False suggestion
• Check forgery
• False valuation
• Check kiting
• False weights and measures
• Check raising • Fictitious customer
• Collateral forgery • Fictitious employees
• Commercial bribery • Fictitious person
• Computer fraud • Fictitious vendors
• Concealment • Financial fraud
• Consumer fraud • Financial misrepresentation
• Conversion • Forged documents
• Corporate fraud • Forged signatures
• Corruption • Forgery
• • Franchising fraud
Counterfeiting
• Fraud in execution
• Credit card fraud
• Fraud in inducement
• Defalcation
• Fraudulent concealment
• Distortion of fact
• Fraudulent financial statement
• Double dealing • Fraudulent representation
• Duplicity • Industrial espionage
• Electronic funds transfer fraud • Infringement of copyrights
• Embezzlement • Infringement of patents
• Expense account fraud • Infringement of trademarks
• False advertising
The vendor payables cycle touches on bookkeeping and financial reporting.
When a company receives goods and promises to pay at a later date,
a bookkeeper credits the vendor payables account and debits the
merchandise account. The last account is part of a corporate balance sheet,
similar to accounts payables.
Definition of benefit fraud. The Department for Work and Pensions (DWP)
define benefit fraud as when someone obtains state benefit they are not
entitled to or deliberately fails to report a change in their personal
circumstances. The DWP claim that fraudulent benefit claims amounted to
around £900 million in 2008–09.
A "bust out" is a fraud tactic, commonly used in the organized crime world, wherein a
business' assets and lines of credit are exploited and exhausted to the point of
bankruptcy. Richie and Tony profit from busting out Davey Scatino's sporting goods
store in this episode
The term "forged check" is often used to describe a check on which the
drawer's signature is forged or unauthorized. Such a check is meaningless as
far as the drawer whose signature is forged is concerned. The drawee bank
that pays aforged check is generally held responsible for the resulting
loss.Apr 25, 2018
check kiting or cheque kiting is a form of check fraud, involving taking
advantage of the float to make use of non-existent funds in a checking or
other bank account. In this way, instead of being used as a negotiable
instrument, checks are misused as a form of unauthorized credit.
the most common detection method has been tips. In some years,
tips accounted for about twice as much in percentage of detection
as whatever method ranked second.
In all years, the least effective detection method, other than law
enforcement, is external audit.
the 2008 RTTN shows external audit as the most popular control
employed by the victim entities (almost 70 percent of the entities were
using external audit, 61.5 percent a code of conduct, 55.8 percent
internal audit).
Effective General Methods
It depicts the analysis of the controls along with the ratio, which shows
surprise audits as the most effective antifraud control, if measured in its ability
to reduce the amount of losses incurred. It is followed by job rotation/
mandatory vacation, anonymous hotlines (tips and complaints), employee
support programs, fraud training for managers and executives, internal audit or
fraud examination department, and fraud training for employees. Each of these
controls reduced losses by at least 50 percent. Many of these methods would
be considered detective controls, and would be useful in deploying antifraud
controls that can provide early detection.
Other General Methods
Methods can be developed for frauds in general, or specific groups of frauds (e.g., a
category), or even individual schemes. Some methods that could be used for general
detection, regardless of the scheme, are:
Internal audit function actively engaged in proactive antifraud activities
banesSar-Oxley Act (SOX) section 404 results can lead to identification of
weaknesses in internal controls that can cause a higher risk for fraud in that area or
business process
Horizontal and vertical analysis of financial reports, especially when comparisons
are made between business units and their data
Ratio analysis, especially trends over several years, and by business unit compared
to other units and the entity as a whole
Surprise audits and/or cash counts
Anonymous tips and complaints system to which employees, vendors, and
customers have access; comfortable, convenient, easy to use
Data mining for applicable red flags using Computer-Assisted Auditing
SPECIFIC DETECTION METHODS
No accomplice Vendor
Sorting invoices by vendor and looking for unusual invoice numbers
Classifying vendor by invoice amounts and looking for unusual amounts
Verifying invoices that led to vendor refunds
Requesting that the bank notify the proper person if someone endorses a check where the
company is the payee, and use the stamp ‘‘For Deposit
Only’’ for all endorsements
Personal Purchases
Spot-checking expenditures on credit cards, looking for unusual vendors or items bought
Surprise audits of employees who are authorized to use credit cards or sign checks
Examining unfavorable balances on performance reports
Vendor payment trend analysis
Extracting all purchases with no purchase order, summarized by both vendor and employee
Extracting all purchases just below the review/approval limit, summarized by both vendor and employee
Payroll Schemes
Ghost Employee
Where feasible, reconciling employees in the payroll database with
employees in the human resource (HR) database; the ghost should be
missing in HR
Getting a copy of the Social Security number (SSN) file and, at least once a
year, reconciling that file with your employees’ SSNs
Periodically and unannounced, distributing checks manually, requiring ID
to pick up check
Investigating any payroll checks with dual endorsements (a sign that an
employee accomplice is working with a real person who is serving as the ghost)
Rotating duties of handling printed paychecks, or requiring vacation timed with issuance of paychecks (pay
day)
Data mining payroll data looking for these red flags:
Post office box versus a physical address
Physical address matches that of another employee (i.e., a ‘‘duplicate’’)
Direct deposit account number that matches that of another employee
Missing phone number, or a phone number that matches either another employee or a work phone
Dates of paychecks compared to termination dates (employees being paid after terminated, and used as a ghost
by an existing employee)
Commissions
Randomly spot checking all of the transactions involved in sales commissions for a
pay period or a salesperson
Investigating higher rates of returns or credits for a salesperson
Creating and reviewing a linear correlation between sales and commission paid, by
employee
Tracking uncollected sales by employee
Creating exception reports for employees whose compensation has increased over
last year by some unusual percentage
Having a designated and independent official verify all changes in commission rates
Falsified Wages
Data mining all transactions over a certain number of overtime hours (e.g., more
than 20 hours per week)
Creating exception reports for employees whose compensation has increased over
last year by some unusual percentage
Randomly verifying the pay rates in a pay period or for an employee over pay
periods
Having a designated and independent official verify all changes in pay rates
Maintaining careful custody of time cards—after approval, process them
immediately
Check-Tampering
Periodically rotating personnel who handle and code checks
Requiring dual signatures for checks over a designated threshold
Using a positive pay system at the entity’s bank
Having the bank statement sent unopened to someone in management completely separate from accounts payable—
in the case of smaller companies, perhaps the owner/manager. Review the statement and cancelled checks, even if it is
online, before passing the statement on to the person who will do the bank reconciliation.
Skimming
Skimming frauds happen before a booking entry is made. Because it is an off the- books fraud, this type of fraud is one
of the most difficult to detect. One methodology to detect skimming is to perform invigilation. Individual skimming
schemes are related to sales (unrecorded sales, understated sales), receivables (write-off schemes, lapping schemes,
unconcealed schemes), and refunds. Suggested methods to use for this type of scheme are:
Surveillance of employees at point of sale (e.g., cameras above registers and meal tables)
Discovery of ‘‘markers’’ near registers (fraudsters use markers to keep up
with the amounts skimmed; for example, a penny for $100, a nickel for $500)
Investigating gaps in pre numbered receipts
Checking registers for excessive no-sale transactions, voids, or refunds
Posting a sign at the register or in plain view of customers: ‘‘If you did not receive a receipt, please contact the
manager and your meal will be free.’’ Using a trained secret shopper to look for signs of fraud
Using an invigilation for an approximation of missing monies, or to determine if skimming is occurring
Measuring variances in revenues by employee and by shift Creating a pro forma income statement, using cost of
goods sold an standard markups to ascertain the level of sales that should exist, then comparing it to actual for an
approximation of missing monies
Corruption Schemes
Classifying transactions by vendor and examining unusual, unexplained
higher-than-expected volume
Random investigation of all vendors, including owners, major shareholders,
and any relationship with employees
Reviewing contracts and approval of invoices periodically, even if only a
sample during each audit
Verifying the authenticity of vendors as part of internal audits, even if it is only a sample
Looking for related-party transactions where the relationship has been hidden
Reviewing approvals for transactions with related parties annual
Financial Ratios
Financial ratios fall into four categories of financial measurements: "profitability, asset
utilization, liquidity, and debt utilization," says Stanley Block and Geoffrey Hart in "Foundations
of Financial Management."
Profitability Ratios
Profitability ratios measure profit realized from different financial sources. They are the profit
margin, return on assets and return on equity. To calculate any of these ratios, divide net income
by sales, total assets or stockholders' equity, respectively
introduction and removal of products. Contribution margin analysis also aids managers with determining how much
incentive to use for sales commissions and bonuses. Comparing each product offered affords the opportunity to look at
product profitability and product mix.
Break-even
Break-even analysis considers the sales volume at which fixed and variable costs are even. Owners and managers must
consider two primary figures when calculating the break-even. First, gross profit margin, which is the percentage of sales
remaining after payment of variable costs.
Operational Leverage
Every business model contains slightly different operating leverage, which compares the amount of fixed costs to sales.
Businesses with higher fixed costs will experience a larger multiplier in their operating leverage, indicating less sales growth
results in more profit. However, the same is true for losses, where small reductions in sales exponentially increase net losses.
Less operating leverage results in less growth of net income.
Financial Ratios
A financial ratio expresses a mathematical relationship between two or more sets of financial statement data and commonly
exhibits the relationship as a percentage. Profitability, solvency, leverage, asset turnover and liquidity comprise the five
standard ratio categories. Managers and owners should review the ratios period over period, determining where unfavorable
Financial Statement Analysis Tools
Financial statements are usually the final output of a company accounting operations. These statements contain information relating to the
revenues, expenses, assets, liabilities and retained earnings of the business. Business owners often pay close attention to this information since
the statements can provide detailed information about the company operational performance. Many business owners and managers use specific
analysis tools to closely review their company financial statements for decision-making purposes.
Financial Ratios
A traditional financial statement analysis tool is financial ratios. These ratios take information from the company financial statements and
calculate economic indicators for comparison to another company or the industry standard. Financial ratios include liquidity, asset turnover,
financial leverage and profitability calculations. Liquidity ratios calculate the company ability to meet short-term financial obligations. Asset
turnover ratios indicate how well the company uses its assets to generate profits. Financial leverage ratios calculate the long-term solvency
of a company. Profitability ratios help companies determine how much profit they are generating from the sale of various goods or services.
Horizontal Analysis
A horizontal financial statement analysis compares current financial statements to previous year financial information. Companies often conduct
this analysis by putting several years of financial statements in a side-by-side comparison format. This enables business owners and managers to
review the same month over several years to determinate if revenues, expenses, assets or liabilities have increased, decreased or stayed the same.
Companies can also use a horizontal analysis to compare changes in dollar amounts or a percentage change when comparing financial
statements.
Vertical Analysis
A vertical financial statement analysis is conducted using common size financial statements. A common size financial statement shows each
item on a financial statement in a percentage figure for each statement line item. A vertical analysis gives managers a different option for
reviewing financial information; managers may be more comfortable looking at percentages rather than dollar amounts. The percentage figure
represents how individual line-item amounts compare to the aggregate total of the financial statements. For example: business owners or
managers may wish to know what percentage office supplies were out of the total expenses reported on May income statement. A common size
statement would divide May total office supplies expense by the total expenses listed on May income statement. This percentage is then listed
where the office supplies expense amount would be on the financial statement.
Trend Percentage Analysis
A trend percentage analysis is an enhanced horizontal analysis technique. Trend percentage analyses help companies identify consistent
revenues or expenses from past accounting periods. These trends can help managers make business decisions regarding future operations.
Companies will use a specific financial statement as a base year for comparing all future financial statements. Changes for each future time
period are expressed as a percentage when compared to the base financial statement. Companies can conduct a trend percentage analysis at
various times of the year or use different financial statements as the base during this comparison process.
Advantages of a Financial Statement Analysis
To meet their financial reporting obligations and to assist in strategic decision-making, firms prepare financial
statements. However, “the information provided in the financial statements is not an end in itself as no meaningful
conclusions can be drawn from these statements alone.” Firms employ financial analysts to read, compare and interpret
the data as necessary for quantitative analysis and decision-making .
Definition
Properly comparing a balance sheet with the corresponding profit and loss account to determine the strengths and weaknesses of a business describes
financial statement analysis. “In a technical sense, financial statements summarize the accounting process and provide a tabulation of account titles and
amounts of money,” reports Reference for Business. Financial statements help communicate what financial decisions have been made and how they affect
the bottom line.
Significance
Financial analysis determines a company's health and stability. The data gives you an intuitive understanding of how the company conducts business.
Stockholders can find out how management employs resources and whether they use them properly. Governments and regulatory authorities use financial
statements to determine the legality of a company's fiscal decisions and whether the firm is following correct accounting procedures. Finally, government
agencies, such as the Internal Revenue Service, use financial statement analysis to decide the correct taxation for the company.
Liquidity
The balance sheet provides liquidity rations that show how much monetary worth the company has on a given day, which helps determine if the firm’s
financial reliability. The current ratio shows “the 'working capital' relationship of current assets available to meet the company's current obligations,”
reports Credit Guru. The quick ratio is similar, calculating those assets easily convertible into cash, determining the immediate working capital relationship.
The debt to equity ratio establishes who owns more of the company, creditors or shareholders.
Efficiency
Efficiency ratios measure how efficiently the company turns inventory into revenue. The day sales outstanding ratio focuses on the time required to turn
inventory into cash and the age of your accounts receivable. The inventory turnover ratio “indicated the rapidity with which the company is able to move its
merchandise,” reports Credit Guru. Accounts payable to sales shows the percentage of sales funded with supplier's money.
Profitability
Profitability ratios reveal a firm's success at generating profits. “The profit margin of a company determines its ability to withstand competition and adverse
conditions,” reports Credit Guru. Return on assets, reveals the profits earned for each dollar of assets and measures the company's efficiency at creating
profit returns on assets. Net worth focuses on financial returns generated by the owner's invested capital. Forensic Accounting ICPAP
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Limits
It is important to know that financial statement analysis has limits; simply manipulating numbers hides the actual state of the company. Different accounting
methods will look different on paper, and the method a particular firm uses can change the visible health and profit levels for either better or worse.
Quantitative financial analysis is an art, and different analysts may get slightly different results from the same information, or may return different data
about the same business.
Evidence Created By Forensic
Accountant
A Forensic Accountant is often retained to
analyze, interpret, summarize and present
complex financial and business related issues
in a manner which is both understandable and
properly supported
In December 2006, strict new rules were enacted within the Federal Rules of Civil
Procedure requiring the preservation and disclosure of electronically stored
evidence. However, a more comprehensive foundation is required. The American
Law Reports lists a number of ways to establish the comprehensive foundation and
suggests the proponent demonstrate:
Benefits
The evidence forensic accountants find are beneficial in criminal and civil courts.
Evidence can either prove or disprove the presence of wrongdoing. After combing through
thousands of transactions and finding patterns or links, forensic accounts put their finding in
reports and charts. These reports and charts accompany the correlated documentation to
create evidence that would be allowed in court. This evidence can be used to solve
shareholder disputes, find employee fraud, assist in matrimonial disputes, determine
damages and losses in insurance claims and help litigation in obtaining a conviction
Process
The first thing that they must do is to meet with the client.
Transactional paperwork
Intranet sources. In today’s business world, more and more companies are establishing
intranets that connect all employees and departments together .
unofficial communications channel in a firm.
gossip might prove to be a valuable place to begin looking for other clues.
E-mails.
suspect’s contacts can be broken down into five basic categories. First, the business or
suspect will undoubtedly have contacts in the financial sector. These contacts can
include banks, brokerage houses, and insurance professionals. Second, the suspect may
have contacts within the professional community including lawyers and accountants.
Third, the suspect will have industry contacts such as business organizations,
associations, and networking groups. Fourth, there will be contact between the suspect
and the government, and finally, every suspect will have personal contacts, which,
while not necessarily integral to the suspect’s illegal activities, may still be a valuable
source of information.
Pay particular attention to chat facilities, weblogs, and other semipublic areas where
suspects and witnesses may both lurk.