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Legal knowledge is critical to the success of forensic accounting work

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legal knowledge

Forensic Accounting and Investigation (FAI) engagements may arise when the Professional is appointed in accordance with some specific law or regulation. Sometimes by a court of law or competent authority. This may provide both, the mandate and the process, of conducting the assignment.

However, there are some cases where the client appoints the Professional through a contractual arrangement. It may have certain mandate which is subject to the provisions of various laws and regulations.

Requirement to understand the law

Moreover, each engagement is unique. There are some cases, subject to relevant applicable statutes.The Professional is expected to adhere to the provisions. It also include the generally applicable laws which are a part of any engagement.Hence the requirement to understand the law and discover suitable evidence in such engagements is critical.

Certified Forensic Accounting Professional appointed under any specific laws or regulations,
shall ensure that the objectives of the engagement are in line with the provisions of those laws and regulations.
Forensic Accountants should always ensure that any mandate, agreed with the stakeholders through a contractual arrangement, shall be consistent with the relevant laws and regulations.
Moreover, while conducting an engagement, the Professional should consider the provisions of various laws and regulations. It stipulate the manner in which such engagement work needs to be conducted. The evidence or testimony needs to be presented.

However, Certified Forensic Accounting Professionals shall implement a process driven approach. It shall avoid checklist approach. CFAP help to assist in identifying any significant deviations or non-compliances concerning laws and regulations. It will impact the subject matter of engagement .

Legal Aspect

Though all laws are an integral part of the forensic accounting assignment, certain laws are specifically applicable to investigation assignments. These laws form an essential basis
for the Professional to conduct the engagement.

Therefore, as an example, there are certain statutes with provisions relating to white collar crime, corruption and money laundering. Also the certain contract or company related laws with specific provisions concerning frauds and irregularities. The Professional should have a basic understanding of the direct impact laws to plan and conduct the engagements.

At the time of planning and execution of the engagement, certain specific laws would apply.  These engagement specific laws shall govern the overall conduct of the engagements in such situations.

As an example, there are certain statutes like data privacy laws or some laws concerning insolvency and bankruptcy which codify the manner in which investigation procedures need to be conducted to discover evidence and laws concerning how evidence needs to be admissible in a Court of law. The Professional is expected to have a basic understanding of these engagement specific laws for proper conduct of work procedures.

How to become a Forensic Auditor ?

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Forensic auditor

Accounting is like medicine is a broad field offering numerous no of opportunities for specialization. One of the trending specialization is forensic auditing, forensic accounting which is a branch of profession that applies accounting skills to the legal questions. There are different types of fraud involved which might include battling fraud or uncovering failure to comply with the accepted accounting standards, but forensic audit offers a wide range of other services. This forensic audit is conducted by forensic auditor.

Accounting students who wish to become forensic auditors can choose from the limited no. of programs offering that major or conventional accounting degree and then earn certification in the forensic accounting techniques. The forensic accountants must combine a diverse set of skills. He looks after the true and fair view of the financial crimes that have been taking place.

There is no mention of forensic auditor in the Indian statutes so far but there are various provisions related to the forensic auditors in the statutes. Forensic auditors may help the police, and other authorities in collecting evidences and other investigation purposes.
Forensic audit is the kind of financial information investigation services that provide by professional forensic accounting firms which normally required by entity as the result of legal purposes. It normally requires to have a no. of skills and background that add up to the accounting and auditing skills. Forensic auditor needs both auditing as well as the accounting skills. It goes hand in hand.  In order to perform an investigation on financial statements, the forensic auditor needs to deeply understand how accounting records are performed as well as accounting treatments from normal accounting treatment to the complex accounting treatment.

Importance of Forensic Auditor

Forensic Auditors play an important role. There must be a small group of forensic auditors in the organization because they play a crucial role:

  • Carry out the vision and mission of forensic audit to prevent, detect and investigate issues of fraud and financial abuse within the organization
  • Identify, clearly define, forensic issues and root causes, recommend improved internal controls and business processes, and ensure that corrective action plans are developed.
  • To promote a zero tolerance control environment where fraud or any non-compliance is unacceptable.
  • Conduct investigation of fraud and abuse
  • Oversee the investigation planning and forensic audit report writing process for forensic audits and investigations.
  • During the investigation process, provide effective recommendations and solutions to identified issue, ensure business agreement, and follow-through.

Qualification required being a forensic auditor
To become a forensic auditor one must have a basic accounting degree or economics degree and understanding of how business system works. Some specialized certification could be an added advantage. There are some institutes in India from whom you can obtain such certifications, like

Certified Forensic Accounting Professional

Indiaforensic center of studies is the first institute which has launched the course on forensic accounting in India. Indiaforensic provides various certifications on forensic accounting of which one is Certified Forensic Accounting Professional. One can get more information about the above mentioned courses on Indiaforensic Centre of Studies website.

Role and Responsibilities of Forensic Auditor

If there’s a case in the court concerning funds, money, for an evidence to be found, the forensic auditor comes into picture to carry out the investigation process. A forensic audit is an examination carried out on a particular individual’s organization financial statements/ information to act as evidence in the case of fraud. Following is the role of forensic auditor:

Investigation

The investigation is carried out focusing the suspicion of the client. If a client suspects there might be some fraud going on in the organization. The forensic auditor can investigate on the following points:

  • Type of fraud is being carried out
  • The time at which the fraud arose
  • The steps involved to conceal the fraud
  • The impact of fraud on the organization

Evidence

This is the critical part of the investigation since it is the main reason for the auditing to be carried out. The forensic auditor is expected at the end out of the audit to present full evidence showing the type of fraud that was carried out, the effect of the fraud to the company and also the people involved in the fraud.

The techniques used to gather evidence are as follows:

  • Substantive Procedure

This is where the auditor reviews the entire documentation o the company concerning the area of investigation to find out if there are any material statements which are not accurate, the validity of the materials and review on the accuracy of the financial records.

  • Analytical Procedure

This helps the auditor to understand the client’s business. He uses this to compare the different periods of time on the expenditure/budget of the company for example.

  • Software Programs

The forensic auditors have their own software programs that are able to detect any fraud that might have been carried out using technological devices like computers.

  • Internal Controls

The forensic auditor takes time to understand and test the internal control systems to find out if there are any loop holes in the system that would have allowed the fraud to take place.

Report

At the end of the audit, the auditor makes a report regarding the fraud to the client. The report shall include the following:

  • Findings of the report
  • Evidence
  • Information on how the fraud was carried out.

Court

During the court proceeding, the auditor must be present in order to explain how he collected the evidence and also how he identified the suspects. The auditor should explain all the process using simple terms.  That being said, it is true that a forensic auditor plays a very big role but he does not work alone. In order to get to hire a forensic auditor, you must decide on which the forensic accounting firm to contact.

Conclusion

Forensic Auditor plays a vital role in all aspects of the society. Regardless the role of forensic auditor in the organization it is likely at the same point the forensic auditor comes in contact with the forensic accounting.

 

Real Estate – A Tool of effective money laundering

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real estate

Real Estate is a popular technique of hiding the dirty money across the world. It involves multiple methods of concealing the money. In the Middle Eastern countries real estate is a popular tool of laundering. It is a magnet for tainted money. But more than that it is one of the most popular tools because of the huge amounts involved in transactions. In a single instance, the launderers can change the color of large sums of money.

Every day criminals discover new ways to clean funds or hide their means of income. One of the ways that is becoming increasingly more well-known is real estate money laundering.

In the Middle East region, Dubai dominates the real estate market. Because, it is built to attract foreign buyers, the emirate is dominated by towers of upscale flats and man-made islands studded with luxury villas.

Property developers and real estate agents accept huge sums from politically exposed persons—individuals entrusted with a prominent public function, as well as their families and associates—and other suspicious buyers. Even individuals targeted by international sanctions use Dubai property to launder money due to weak regulations and lax enforcement.

There are many methods used to hide money in purchasing and selling property, such as houses, which can be bought in pure cash. Moreover, real estate is interesting technique for launderers as

  • Real estate money laundering is one of the most established and successful technique. Furthermore, it is tried and tested.
  • Certified Anti Money Laundering Expert course speaks of some of the techniques of real estate laundering which can help in framing the regulations.
  • Some red flag behaviors during real estate purchasing may point towards illegal money usage.
  • There are ways compliance officers can track down these criminals using AML laws.

Real Estate Money Laundering Methods

There are some common ways launderers use real estate as a means of illicit money movement. Some of the most commonly known are listed below.

  • Using third parties, commonly individuals without a criminal record, to purchase the property and avoid directly naming the criminal during the payment process.
  • Using a credit-line to hide the true identity of the purchaser. This is a layering technique, which helps in disguising the source of illegal money.
  • Adjusting property values to either underestimate or exaggerate a price, allowing for illegal funds to be laundered to pay off the debt.
  • Arranging cash deposits in order to make a house purchase, which avoids activating transaction statements.
  • Legitimizing funds through rent. Many times tenants prefer to pay the rent in cash.
Real Estate Laundering Red Flags

There are some common tactics that may signal the potential for risk during real estate transactions, which may include:

  • Criminals offering money to individuals to use their name to obtain loans. Benami Property is a technique of buying the property in the name of some body else. Individuals with good  credit rating obtain the loans to buy real estate. But later introduces the illegal funds for making down payment to real estate owners. This hides the beneficiary and protects the identity of the criminal.
  • Someone offering to pay you above market rate for a lease, which can commonly mean they plan on using the property to conduct some form of criminal activity.
  • Someone offering to pay your business rent just to “hold the place.” In this scenario, it is likely that they just need to have the money go through the financial system in the form of rent so it can come out in a usable form.

Preventing Real Estate Laundering

It is possible that by being one step ahead, we can track and report suspicious before it is too late. Some of the ways we can do this include:

  • Forcing a declaration of assets to governments or officials. If everyone declares what they own, it will be difficult to hide assets.
  • Hiring Certified Anti Money Laundering Professionals to know the face of the beneficiary and keep track of who is behind each account. This allows for the identity verification.
  • Requiring the registration of land from the real beneficiary. This proof should improve accountability and show the true origins of money globally.

Summary

Real estate is a growing market for money laundering. However, the financial institutions need to enforce the strict rules to monitor real estate transactions. Financial Institutions need to enforce how criminals can launder money through property purchases. The courses like Certified Anti Money Laundering Professional help the banking professionals to keep up with the changing trends.

Indiaforensic announce its course on Risk Based Anti Money Laundering

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Compliance certification RBML

The Certification Program in Risk Based Approach to AML & KYC provides the understanding to the new and senior level management of financial institution with the risk associated in AML &KYC Domain.

Globalisation and the establishment of common market resulted in expansion of business.That reached beyond the national borders that allows the goods and services. As a part of expanding in the compliance community, Indiaforensic sets in motion to start anew chapter related to AML &KYC certification. Hence, the Certification Program in Risk Based Approach to AML & KYC has set a global standard in the AML and compliance domain.

Professional judgement is complyimg to the AML legislation. Money launderers are always painstakingly scrambling to find new “outlets” for black money. In the Risk based approach to AML & KYC, banks are required to identify and analyse the changes that are taking place in the black money in order to find different methods to combat money laundering.  Therefore, keeping everything in mind the bank should integrate and develop the risk-based control ideas, mechanism, different requirements associated with it.

Certification Program in Risk Based Approach to AML & KYC

Since, the Risk Based Approach to AML & KYC is regarded as one of the milestones for Indiaforensic.  The concept of Risk Based Money Laundering was first implemented in 2007 by Financial Action Task Force. Further updated in 2012. Risk Management is the concept which is central to the effective AML control.

“FATF Recoomend to apply risk-based approach on several levels”.Firstly, the countries shall develop the national risk assessment structure. They shall combat money laundering and CTF. Earlier the financial institutions were not serious of collecting the basic information from the customers. Banks starts identifying the high-risk customers such as credit rating, business operation, money management etc.”.

Accurately judging the risk level of customer money laundering is an important prerequisite for the “risk-based” approach. Banks need to conduct due diligence.Business operations, industries, customer characteristics and regions are conducted. In order to obtain adequate, complete and truthful customer information as the basis of analyses.

Understanding the RBML Certification

The Risk Based Approach to AML & KYC aspirants will have an understanding of different procedures and strategies to access and validate the risk associated while doing the AML investigation. It will also help the aspirants to analyse the red flags easily.

Indiaforensic one of the crucial certification is the RBML certifictaion. It helps the aspirants to get the knoledge of AML and compliance sector.  The Supervisory authorities will understand the red flags of the criminal hidden activities that are taking place.

As a part of accreditation process, Indiaforensic will provide the aspirants with the E-learning content, mock test. The examination would be a MCQ pattern test.

About Indiaforensic

C.A Mayur Joshi founded Indiaforensic in 2005.  It is a Pune-based training and educational organization engaged in fraud examination, security, risk, management and forensic accounting in India. Riskpro Management Consulting Private Limited owns a brand named Indiaforensic since 2008. It started with 1 Certification and today catering 2 Flagship Professional Certifications, 3 Specialisations and 5 E-learning Certifications.  Therefore, Indiaforensic is the pioneer in the field of forensic accounting, well connected and networked with the industry.  Visit www.indiaforensic.com for more information.

Development of forensic audit profession

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Forensic Audit in India

With the boom of fraud in the global economy, forensic accounting has become an emerging topic of great importance for academic, research as well as the industries. Fraudulent acts and corruption go hand in hand as they have become the loop holes that are gone deeply in the fabric of our society.  Forensic Auditing is an essential tool for uncovering or inquiry of financial crimes and direction of justice. As the scope of forensic accounting is increasing, the importance of forensic audit in India is also increasing very rapidly.

Meaning of Forensic Audit

Forensic Audit in India is an analysis and overview of financial records of a company or a person to extract facts, which can be used in the court of law. There may be forensic audit done to prosecute the other party for fraud, embezzlement or other financial crimes that are taking place in the society. Forensic auditing is a specialization within the field of accounting, and most large accounting firms have a forensic auditing department.  It requires expertise of accounting and auditing procedures followed by the expert knowledge about the legal framework of such audit.

Forensic Audit can reveal the cases related to the fraud. Forensic audit is now becoming a key weapon in the legal authorities and the moment one smells a scam the brahmastra of “forensic audit is unleashed.

What is the meaning of Forensic Audit?

Forensic accounting is the assistance of finance professionals to settle disputes concerning allegations, fraudulence, suspicion of fraud and misconduct in business.  Forensic accounting utilizes accounting, auditing, and investigative skills to conduct an examination into the finances of an individual or business. They may be employed by insurance companies, banks, police forces, government agencies, or public accounting firms.

What is the objective of Forensic Audit ?

Forensic Audit is the method of prevention of fraud and corruption, it puts in the hands of judges and the regulatory authorities information and sufficient evidence to do the analysis and put as an evidence in the judicial process, by determining based on legal text by knowing whether or not it is fraud case or not. Following are the objective of forensic accounting:

  • Identification of cases of fraud
  • Participate in design and creation of fraud prevention program
  • Evaluate the internal control systems
  • Investigation and collection of evidence that will be placed in the hands of the judicial authorities

What are the reasons to conduct a Forensic Audit?

Forensic audit investigations can uncover, or confirm, various types of illegal activities. Usually, a forensic audit is chosen, instead of a regular audit, if there’s a chance that the evidence collected would be used in court. Below, we cite instances that could necessitate a forensic audit:

Corruption 

In a forensic audit, an auditor would be on the lookout of the following points:

  • Conflict of Interest- A conflict of interest occurs where the fraudsters is involved in multiple interest, financial or otherwise. Fraudster uses his/her influence for there personal gains which will cause an adverse effect to the company.
  • Bribery- Bribery is defined as offering, giving, receiving or soliciting of any item of value to influence the actions of an official or other person, in charge of any public or legal duty. Offering money to get things done or influence a situation in one’s favor is bribery.
  • Extortion- Extortion is a practice of obtaining benefit through coercion. Extortion is likely to constitute the criminal offence. Robbery is the simplest and the most common form of extortion.

Asset Misappropriation

Asset misappropriation fraud is the fraud involving theft or misuse of company’s asset. It is the most common type of fraud although it is not expensive as the less frequent but much more costly financial statement fraud. It occurs in every type of organization from nonprofit to governmental to for profit and from small to large.

Financial Statement Fraud

Financial Statement Fraud is the deliberate misrepresentation of the financial condition of an enterprise accomplished through the intentional misstatement or omission of amounts to deceive the financial statement users.

Forensic Audit Vs Forensic Accounting

Forensic accounting services are usually necessary when there is a dispute or lawsuit already in place. We are often asked by the client’s attorney to assist in the litigation process as an expert. The goal of the forensic accountant is to analyze, report, and assist the court in understanding the financial aspects of the case.

Audits are engagements that examine and evaluate the financial statements of any given organization. An audit’s objective is to provide assurance, to the intended user, that the information contained in those financial statements is a fair and accurate representation of the organization.

One of the main differences between forensic auditing and accounting is that, forensic audit is designed to provide assurance that certain part of financial statements are reasonable. On the other hand, forensic accounting is designed to analyze particular set of transaction.

Forensic Accounting assignments are complex in nature. Forensic Accounting answers the questions such as who perpetuated the fraud?  what was the modus operandi regarding the same?, what were the fraud losses?. Forensic auditors answer the questions such as motives of the businesses behind the fraud.

In India, Forensic auditors witnessed boom, when the bankers started scouting for the experts to ascertain willful default in the borrower’s account.

Conclusion

Forensic accounting should not become a matter of specialization and expertise. It should be a part of the syllabus as undergraduate as well as post graduate level across the country. This will help the corporate and the government to keep a check on the financial crimes that are taking place.

Indiaforensic launch CFAP in association with NSE Academy

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certified forensic accounting professional

PuneAugust 8, 2018 /Riskpro/ In forensic accounting domain Certified Forensic Accounting Professional is  one of the premier certification. Indiaforensic joined hands with NSE Academy (100% owned subsidiary company of National Stock Exchange of India) to offer the certification in forensic accounting.

Forensic accounting defines various skills and methods to determine the financial reporting misconduct that has occurred.  Certified Forensic Accounting Professional Program is the program designed to equip the accounting students and the professionals for the battle against the frauds.

So the scope of forensic accounting is increasing day by day. Forensic accounting is the assistance of finance professionals to settle disputes concerning allegations, fraudulence, suspicion of fraud and misconduct in business.

Certified Forensic Accounting Professional

In the CFAP syllabus there are 20 chapters which deal with various elements of forensic accounting in India. Following mentioned below is just the outline of the course syllabus. Additionally,  the applicants will be able to understand Overview of Forensic Accounting, Understanding the red flags of different fraud schemes, how the frauds are investigated, which tools are used to investigate the frauds, what are financial statements.

CFAP Examination

Additionally, the other part of the program deals with the certification exam.  It is an online exam in which it will test the ability of the individual to apply and understand the real life scenario, Contextualized situations that take place. 75% is the minimum passing criteria. ”CFAP” before your name opens a wide opportunity in the Anti- Fraud domain.

India witnessed significant growth in the frauds. Hence, banks have witnessed the alarming growth of Non Performing Assets, Insurance companies are bleeding due to the Claim frauds and stock market regulators are actively penalizing the insider traders.

“Certified Forensic Accounting Professional is a Gold standard certification in the forensic accounting domain. Indiaforensic is one of the best institute of certified forensic accountants. Hence, CFAP is one of the toughest courses in the country. Started with focus on India, therefore today the members of Indiaforensic are present in more than 7 countries including Nigeria, Oman, Qatar, UAE, Uganda and others.”

About Indiaforensic

C.A Mayur Joshi founded Indiaforensic in 2005.  It is a Pune-based training and educational organization engaged in fraud examination, security, risk, management and forensic accounting in India. Riskpro Management Consulting Private Limited owns a brand named Indiaforensic since 2008. It started with 1 Certification and today catering 2 Flagship Professional Certifications, 3 Specialisations and 5 E-learning Certifications.  Therefore, Indiaforensic is the pioneer in the field of forensic accounting, well connected and networked with the industry.  Visit www.indiaforensic.com for more information.

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