Reporting
The report prepared by a forensic
accountant may be relied upon in
Court, provided to the authorities or
regulators in an investigative situation,
or otherwise used by the client for
important, decision making purposes.
It is safe to say that the accuracy and
completeness of a forensic accountant’s
report is one of the most critical steps in
the engagement.
An important aspect of any forensic
report centres on the scope of review
and there are, in this regard, important
issues to be addressed. Some of
the more important data-related
considerations include:
a) The identification of the documents
and sources of information relied
upon;
b) Limitations related to the data
available;
c) The techniques and procedures
used to analyze data; and
d) The summary of analysis and resulting
conclusions from data analysis.
All of these items rest on the rigour
applied by the forensic accountant
to understand the data, perform the
analysis and summarize the results that
were produced. Legal counsel needs to
appreciate the limitations, if any, to be
applied on the report and the underlying
procedures and analysis.
The forensic accountant, and by
extension legal counsel, needs to
truly understand the data analysis
methodology and analysis performed
and how these factors impact the
conclusions reached. For example:
•How was the population of data
determined?
•How can the forensic accountant be
sure the data was complete?
•How can the forensic accountant be
sure the data was accurate?
•What approach was used and what
is the rationale or basis for using that
methodology?
Taking the results of the data analysis
for granted without asking these and
other questions will have a direct
impact on the credibility of a report’s
findings and, ultimately, the utility of
the report and expert testimony. Legal
counsel should ensure they have an
understanding of what their expert did
to answer the above questions.
Expert testimony
Expert testimony is where all the work
performed by the forensic accountant
is truly tested. With any testimony,
whether it is an investigation or damage
quantification, where there is reliance
on data, issues such as how data was
captured, analyzed and reported on
may be expected to form part of the
examination. Counsel and their retained
expert need to be on the same page
when it comes to the role data played
in the engagement and the impact that
data has on the expert’s findings.
Depending on the complexity of the
data issues, there may be a need to
have a separate expert testify on the
data-related issues. This can be a
prudent and appropriate approach in the
certain circumstances. Recognizing this
issue early in the process of a mandate
is critical to ensure that appropriate
resources are retained.
Conclusion
Data has clearly become a very
important consideration in forensic
accounting engagements today.
Lawyers, when retaining forensic
accountants, need to be actively
involved in how data is impacting the
engagement and ultimately, the findings
of their expert. This will help counsel
in understanding the evidence being
submitted by their expert and will
assist with both direct examination of
their retained expert and in the cross
examination of opposing experts.
Data Analytics
is the collection,
integration,
analysis and
presentation
of data using
advanced
technology
and statistical
techniques, for
the purpose of
facilitating better
decision-making.
Data analytic
techniques can be
used to determine
what data might
be relevant to
support and arrive
at a conclusion, in
a more effective
and timely
manner.
© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms
affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.
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At Risk
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Volume 7, No. 1