When to engage one, and what they actually produce.
Esshaki Legal Media TeamCurrent as of March 2022
Forensic accountants quantify loss, trace funds and reconstruct records. Their
value depends on being engaged early and scoped properly.
Engagement through counsel so that the work is directed at providing legal
advice and, where litigation is anticipated, protected as work product.
Common assignments. Quantifying a defalcation; tracing funds through
accounts; reconstructing incomplete records; economic damages calculations;
solvency analysis for fraudulent transfer or preference issues; business
valuation; and analysis of accounting treatment in a dispute over financial
statements.
Data. The general ledger in native format, bank statements and images, the
accounting system’s audit trail, and email. Providing summaries rather than
underlying data produces conclusions that cannot withstand cross-examination.
Deliverables. An interim oral report is usually preferable to an early
written one, because a written report circulated before the facts settle becomes
a document that must be explained.
Testifying versus consulting roles should be decided at engagement, since
converting a consultant into a witness exposes their working papers.
Cost control. Define the period, the accounts and the questions. Open-ended
tracing engagements expand without limit.
Coordination with the company’s own accountants, whose independence may be
affected if they investigate their own work.