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business
financial investigation and forensic accounting

Questions and Answers of Financial Investigation And Forensic Accounting

Using the Internet, determine what is meant by "goodness of fit."
Using the Internet, find and summarize the following damage court case: Lithuanian Commerce Corp. v. Sarah Lee Hosiery, 177 F.R.D. 245 (D.N.J. 1997). What did Sarah Lee and the court think about Mr.
Explain the differences between a civil trial and a criminal trial.
Outline the five major phases of litigation. Where would a forensic accountant do most of his or her work?
List the various types of pleadings.
What should be the goal of a forensic accountant in litigation support?
Where can one obtain a jury trial?
List some trial courts.
How can someone get a federal court to hear a dispute?
How does the knowledge, skill, experience, training, and education that accountants are \({ }^{180} \mathrm{Ibid}\).\({ }_{181}\) Fredrick Burger, "For the Expert Witness, a Few Tough Questions,"
What professional standards apply to accountants who perform litigation services?
What should be included in a written agreement by an accountant to perform litigation services for an attorney?
What is the difference between an expert witness and a lay witness?
What does it mean to have to qualify as an expert witness?
Outline some ways to challenge an expert witness.
What are the normal steps in a simple Daubert challenge?
What was the major holding of Kumho Tire Company, Ltd. v. Carmichael?
A Frye challenge is appropriate in a District Court dispute. Determine the reliability of this statement.
Discuss the difference between weight versus admissibility with respect to Daubert challenges.
What is a hold-harmless provision?
What is the Frye standard?
What is the Daubert standard?
Can accountants acting as expert witnesses be advocates for their client? Is advocacy possible for accountants who serve as consultants?
On what types of evidence may expert witnesses rely? Give examples.
Can accountants acting as expert witnesses base an opinion on confidential client information?
What is an expert report? What should the report contain?
Can the accountant state his or her opinion about the law in an expert report?
Can the attorney who hires the forensic accountant as an expert witness help in drafting an expert report?
Can the opposing side see the forensic accountant's working papers if he or she is acting as a consultant? Is access by opposing counsel possible if the accountant is acting as an expert witness?
Can the forensic accountant refer to the expert report when he or she testifies at a deposition or trial?
What is the difference between direct examination and cross-examination?
When testifying at a trial, should the forensic accountant use as much technical language as possible to impress listeners with his or her expertise?
If the expert witness does not understand a question, should he or she try to answer it anyway?
Can the client sue a forensic accountant if his or her testimony hurts the client's case?
What do lawyers dislike the most about expert witnesses?
Draft a sample agreement to perform litigation services for an attorney.
Draft the qualifications section of an expert report by you as an expert. You may make up credentials, or you may find Larry Crumbley's resume online and prepare the qualification section of an
What is wrong with this question in the courtroom during direct examination: "Didn't the defendant appear to you to be stealing money from the cash register?" Substitute better questions to cover
On the Internet find (a) cross-examination testimony and (b) recross-examination testimony.
On the Internet find information about Joe Nacchio (Qwest). What type of corporate corruption charges might be brought against him and other insiders?
Use the Internet to search for the "Federal Grand Jury" site by Susan Brenner. Read some of the FAQs. What is a "runaway" Grand Jury? See what a subpoena looks like. Read the federal grand jury
Research states that allow lawsuits against friendly experts.
Who bears the burden of proof in a criminal trial and what is it?
Explain the metaphor that a lawsuit is like a parachute jump.
Look on the Internet for definitions and illustrations of:a. mens reab. actus reus
Using the Internet determine the states that allow a friendly client to sue an expert witness. Which states protect an expert witness from lawsuits?
Using the Internet, determine the various types of lawsuits against accountants.
What does it take to prove negligence in a court of law?
What is meant by proximate cause? Use the Internet.
What is meant by restrictive privity in Pennsylvania? Near-privity approach? Reasonably forseeability approach?
Searching the Internet, find some red flags of risky clients.
You are preparing to testify as an expert witness for a fraud issue in an oil/gas industry dispute. Find Larry Crumbley's resume online and then prepare questions and answers for the friendly
What are Bates numbers? Find some examples on the Internet.
What are Audit Technique Guides? Find some on the IRS Internet site. How may an expert use them?
Explain the following:a. Ambush; serve and volley.b. Complex Daubert challenge.c. Weight versus admissibility.d. Hold-harmless provisions.e. Side-taking.f. Motion to Compel.g. Impeachment.h. Subpoena
Here is a question to and answer from an expert during a fraud trial. Do you consider the answer to be appropriate? Defend your answer.Q. Professor, it is agreed that at least \(\$ 254,000\) was
Here is a question to and answer from an expert during a deposition for an accounting dispute. Do you consider the answer to be appropriate? Defend your answer.Q. Doctor, since this dispute involves
Locate Anthony v. Abbot Laboratories, 106 F.R.D. 461 (1985). What ten factors did this court use to determine a reasonable expert witness fee?
Locate Haarhuis v. Kunnan Enterprise, Ltd, 223 B.R. 252 (D.D.C. 1998). What was the expert entitled to charge as a fee per hour, portal to portal for travel time?
Divide large classes into groups or for small classes students may work alone. Have students or groups take pictures of the various internal controls they can observe. They may use digital, Polaroid,
Go online and search for types of retainers for forensic accountants. Bring one to the classroom. One example would be Presentation Dynamics.
Locate Judd Robbins' Internet site (www.computerforensic.net) and find his curriculum vitae. Prepare questions with answers to ask Mr. Robbins at trial for a forensic accounting dispute.
Go online and find some basic fees charged by forensic accountants (i.e., www.forensiceconomics.net/retainer).
Locate the National Litigation Support Services Association (NLSSA) on the Internet and determine what this group does.
Locate Statistical Evidence in Litigation on the Internet. List some court cases on "Economic Damages in Anti-Trust and Price-Fixing."
What is a 30(b)(6) deposition of the custodian of records?
Locate on the internet and read the Louisiana State Bar Association consumer brochure on "Preparing to be a Witness, Including Deposition and Trial Testimony."
Go to the National Clearing House for Science, Technology and the Law (ncstl.org) and look through its General Information Resources.
Find the Internet site of the National Association of Forensic Economics. Read the NAFE Ethics statement and answer these questions.a. When should a practitioner decline involvement in a dispute?b.
Using the Internet, determine why these expert witnesses got into trouble themselves.a. Sandra Anderson (dog handler)b. James Bolding, Criminalist IVc. Ira S. Dubey, Deputy Director, Suffolk County
Locate Emanuel M. Sistrunk v. Nicholas Armenakis, No. 99-36000 (CA-9, 2001).a. What did the court say about Dr. Jan Bays?b. What is the Schlup gateway?
Locate Long Term Capital Holdings, 330 F. Supp. 2d 122 (D. Conn. 2004), and answer these questions.a. The name Scholes is cited often in this case. Who is he?b. How large of a special partnership
Is punishment for financial crimes too harsh now when compared to violent crimes?
Locate the resume of your instructor on the Internet or obtain a copy from him or her. Prepare a list of sample deposition questions to ask your professor to show the professor as an expert.
Using the Internet and other sources, develop a dispute that could be used as a mock trial.
What is the difference between direct and indirect methods of income verification?
Under what circumstances may an IRS agent use indirect methods?
Which of the following is not a major indirect method?a. Net worthb. Cash Tc. Balance sheet evaluationd. Source and application of funds
What are some lifestyle changes that may indicate fraud and unreported income?
Describe the cash \(\mathrm{T}\) method.
What is a cash hoard?
What is the theory behind the cash T?
Describe the source and application of funds method. When is this technique appropriate to use?
Describe the net worth method.
Suppose under the net worth method a person's net worth increase (as adjusted) exceeds the reported income. What may be inferred?
What statement is false with respect to the net worth method?a. The focus of the net worth method is on the year-end bank balances as well as other assets and liabilities.b. The bank deposit
What is the focus of the bank deposit method? When is this technique appropriate?
Given the following facts about Sammie Bright, calculate his preliminary understatement using the cash \(\mathrm{T}\) method. Schedule C expenses Personal living expenses Schedule C receipts $102,000
In question 13, do you have enough information to determine that Sammie has understated income? If not, what else is needed?Question 13Given the following facts about Sammie Bright, calculate his
When a taxpayer is being questioned by an IRS agent, is it advantageous when asked to estimate living expenses to estimate on the high side or low side when exact figures are unavailable? Why?
If any IRS auditor is assigned a tax return for audit that has a Schedule \(C\) for a tavern, where could the agent locate information to provide assistance in the audit?
Search for discussions of Leona Helmsley on the Internet. Describe her tax problems. What is her famous comment about taxes?
Look on the Internet for some professional sports players who have failed to report some of their income from the sale of memorabilia (e.g., Pete Rose). How were these failures discovered?
Find websites that list estimates of total unreported taxable income in the United States as well as other countries. In which countries is the problem most severe?
Check the IRS website to view Audit Technique Guides. Report on one of the professions.
How did an accountant figure in bringing \(\mathrm{Al}\) Capone to justice? In what other ways may forensic accountants fight organized crime?
How are minimum income probes used by forensic accountants?
What are economic reality audits? Can forensic accountants investigate the lifestyles of fraudsters?
What indirect methods of reconstructing income are especially helpful when the disclosed income level of a divorcing spouse is suspected of being artificially low?
Compare the lifestyle of CIA mole Aldrich \(\mathrm{H}\). Ames and FBI mole Robert Hanssen. Compare with Al Capone also.

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