stablishing a solid antifraud practice is not the
same as building a typical CPA firm, says
Karen J. Tierney, CPA, of Glastonbury,
Connecticut, but for CPAs with the right
background, training and expertise, I believe the
antifraud profession offers great
opportunities. Craig L. Greene, CPA, a
partner in the accounting firm of McGovern &
Greene in Chicago, agrees. Youll find
the niche market in fraud examination can involve
different clients and unique approaches, he
says. He deals with embezzlement cases, corporate
internal investigations and fraud by contractors
and vendors. This article details the steps these
two CPAs used to build and promote a practice in
this fast-growing field.THE
MARKET
There are many areas where CPAsespecially
small practitionerscan specialize.
Tierney, who spent nearly a decade investigating
bond claims, has made insurance fraud her
specialty. While working for an insurance
company, I discovered that I had a passion for
investigating fraud in fidelity and surety bonds
and decided to pursue this field. Now a
sole practitioner, Tierney has nearly 200 cases
under her belt. She notes that in the business
community today clients are more attuned to
fraud than ever before because of high-profile
accounting failures such as Enron and
WorldCom.
| With
Sarbanes-Oxley an entire cottage industry
of experts in corporate governance and
compliance has emerged, says
Greene. The positive aspect coming
from the large accounting frauds is that
there is an increasing awareness by
clients that they might have problems of
their own, he adds.
Certainly, the growth in antifraud
services has exploded recently. All of
the Big Four firms and most of the
second-tier firms now have active and
expanding fraud-examination practices.
But there is room for smaller
practitioners, too. Greenes
practice followed a more traditional
path. After spending four years with a
large CPA firm, Greene went on his own,
specializing in condominium association
audits. During that time he investigated
an embezzlement of $1.5 million by the
CFO of a condominium management company.
I discovered that I loved fraud
work and made the decision to start
seeking out those kinds of
assignments, Greene said. (See
Antifraud
Services: A Partial List for
some services CPAs can provide.)
THE
EXPERTISE/EXPERIENCE COMPONENT
Obviously,
becoming an expert in the field is the
first step to building an antifraud
practice. Both Greene and Tierney are
seasoned veterans and certified fraud
examiners, but many CPAs can go through
their entire careers without
investigating a fraud. So if you lack
experience, there are ways to obtain it.
Advocate
fraud-prevention services. As
Greene says, Although investigating
fraud can be exciting, preventing fraud
from occurring in the first place
provides the most professional
satisfaction. A thorough audit,
although not designed specifically to
detect fraud, has been shown to be a
significant deterrent. According to the
Association of Certified Fraud
Examiners 2002 Report to the
Nation on Occupational Fraud and Abuse, audits
cut the average fraud loss in half (see
Occupational Fraud: The Audit As
Deterrent,
JofA, Apr.02, page 24).
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| Antifraud
Niche Areas Insurance fraud.
Financial institution
fraud.
Theft of intellectual
property.
Health care fraud.
Fraud in
manufacturing.
Transportation fraud.
Securities fraud.
Employment background
investigations.
Financial statement
fraud.
Employee fraud and
theft.
Fraud in contracts
and procurement.
Bankruptcy fraud.
Tax fraud.
Inventory fraud.
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But the great majority of
small businesses, with the highest statistical
risk of fraud, are not audited. That fact
provides an excellent opportunity for CPAs
seeking fraud-detection experience to expand
their services to current nonaudit clients
through fraud-education programs as well as
internal control and cash account reviews.
Education. The
cornerstone of fraud prevention is education, and
CPAs can offer in-house seminars and other types
of training programs to the staffs of their
clients. After all, it is difficult to defraud
someone who has enough knowledge to recognize the
warning signs. Education begins, says
Greene, with the client and the employees
who work for the organization. Greene
lectures regularly on the subject.
Internal control
reviews. Although most small
business clients dont need or in many
instances cant afford a complete audit,
they can greatly benefit from a thorough review
of their internal control structure, observes
Tierney. Schemes against small businesses
are usually made possible by a lack of separation
of duties. By conducting an internal control
review, the CPA is providing a valuable service
for the client, she adds.
| Cash account
reviews. Because cash is by
far the asset most frequently
misappropriated, a periodic review of
receipts and disbursements is an
excellent way for the CPA to increase
service to the client. When I
examine the cash account, I am normally
looking for several things, says
Greene. On the deposit side, I
examine the mix of credit cards, checks
and currency. If someone is stealing
currency, it usually will show up in an
analysis of the deposits. On the
disbursement side, I look for checks to
unknown vendors or persons, checks made
out in even amounts, dual endorsements,
checks to cash and to employees. Most of
the cash schemes are pretty simple and
the employee doesnt make much
effort to conceal the thefts. Pro bono work.
Another way to gain valuable
fraud-detection experience is to
volunteer your accounting skills to those
who can least afford it: your local
police department or prosecutor. If
you talk to the police about their
problems in pursuing complicated frauds,
you find that they rarely have the
manpower or talent needed, says
Tierney. As a result, many such cases are
not prosecuted at all. Greene says:
When a business is victimized by a
crooked employee, too often the police
look at it as an internal problem. Even
though a crime has been committed, law
enforcement resources are very limited,
so they often look for a way not to take
such cases. Assisting the police by
performing traditional accounting work
without charge can help you learn some
unique aspects of criminal cases and
provide a valuable public service at the
same time.
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Antifraud Services:
A Partial List Pretrial
investigations.
Assistance
in court-related deposition
preparation.
Legal case
strategies.
Expert
witnessing.
Corporate
investigations.
Search for
hidden assets.
Fraud
damage calculations.
Computer
forensics.
Reconstruction of accounting
records.
Fraudulent
financial transaction analysis.
Fidelity
and bond claims.
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PRACTICE TIPS
Once youve
obtained the necessary expertise, youll
want to employ some traditional methods to grow
your practice. Both Tierney and Greene have
joined professional organizations related to the
field and are active in them (see Network Builder and Media Savvy
).
You need to be careful in
selecting the organizations you join, says
Greene. When I started in practice a number
of years ago, I was not focused on my marketing
approach and spent too much time in organizations
that could not benefit my practice. Greene
now occasionally exhibits at large conferences of
antifraud professionals, CPAs and lawyers.
I also have a Web site with interesting and
ever-changing useful information. Attorneys
frequently use the Internet to locate fraud
examiners, he says.
Network
Builder
Karen J.
Tierney, CPA, CFE
President, Karen J. Tierney,
CPA, PC, Glastonbury, ConnecticutSpecialties
Asset misappropriations,
insurance fraud, valuation and litigation
support.
Advice to
practitioners
To build an antifraud
practice, making the right contacts is
essential. Join the organizations that
are related to your field and be active
in them. Youll get more business
from referrals than you ever will with
paid advertising.
Education
BS in accounting, University of
Hartford in Connecticut.
Experience
Auditor,
PricewaterhouseCoopers.
Financial analyst,
Continental Insurance.
Internal auditor, CSU
Systems.
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Tierney, past president
of the Connecticut area chapter of ACFE, says
attending the groups monthly meetings has
been an excellent way of expanding her knowledge
and contacts. Since Tierney is a sole
practitioner, she is careful not to take on
assignments that overcommit her. Dont
make the mistake of taking on a case you
cant handle, she says. Find the
right expert to assist you in a fee-sharing
arrangement. Fraud examinations are
typically done on-site, so the overhead of an
office is not always necessary. Tierney practices
from her well-equipped home office. Because
investigating fraud can be adversarial, make sure
you are adequately insured against
lawsuits, she advises.
Although she now has a
successful practice, Tierney says that initially
she didnt realize how much time it would
take. Getting into the antifraud field will
not occur overnight; it takes time, money and
much effort. Developing a realistic business plan
is crucial. Both Tierney and Greene say
that meeting the key players is the most
important aspect of growing such a practice.
MEETING
THE RIGHT PEOPLE
Criminal fraud is
a different world altogether from the workaday
civil case that is the mainstay of many CPAs who
provide litigation services. To integrate
yourself into this community, it is necessary to
meet the right people and cultivate meaningful
relationships. In developing contacts it is best
to start out with a letter introducing yourself
and your firm and its area of specialty. Then you
should follow up with a face-to-face meeting that
is short and to the point: You are available for
fraud-related assignments. Typically, you
wont get a great deal of work directly from
the criminal justice community, but becoming
known to them is a must. In addition to local
police and prosecutors, this group includes the
following.
Media
Savvy
Craig L.
Greene, CPA, CFE
Partner, McGovern & Greene
LLP, ChicagoSpecialties
Embezzlement, corruption, fraud
in construction contracts and health care
fraud.
Advice to
practitioners
Unlike their attitude
about typical accounting work, the media
are always interested in crime-related
subjects. Make sure you make the right
contacts with newspaper and television
reporters. Let them know what you do.
Even though you usually wont be
able to talk about your own cases, you
can always provide advice on how to
prevent and detect fraud.
Education
BA in accounting, Aurora
University in Illinois.
Experience
Auditor, Coopers
& Lybrand.
Partner, Rome &
Associates LLP.
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Federal
law enforcement
U.S.
Attorneys. This office, which is an arm of
the Department of Justice, is in charge of all
federal criminal prosecutions investigated by a
variety of agencies. It also handles certain
civil claims. U.S. Attorneys offices are
located in most major cities.
Federal Bureau of
Investigation. The FBI is the principal
investigative arm of the Justice Department and
investigates more than 200 separate violations of
federal law. Typical fraud cases include
financial institution frauds, bribery and
corruption of federal employees, wire fraud and
frauds against the U.S. government.
U.S. Postal Inspection
Service. The postal inspectors investigate a
wide variety of frauds that use the mail. These
usually involve Ponzi schemes and other
investment scams.
U.S. Secret Service. This
agency, in addition to protecting high-level
public officials, investigates credit card fraud
and certain computer crimes.
Internal Revenue
Service. The Criminal Investigation Division
of the IRS handles all criminal tax-evasion cases
as well as certain money-laundering
investigations.
State/local
contacts
State
attorneys general. Although the duties vary
somewhat from state to state, a typical state
attorney generals office will investigate
consumer frauds and Medicare and Medicaid claims.
Criminal defense
lawyers. Typically, attorneys handle either
civil or criminal cases, but not both. The bread
and butter of most criminal lawyers is drunken
driving or drug cases. However, a small cadre of
criminal defense attorneysusually former
government prosecutorsspecializes in
white-collar-crime defense. You should attempt to
identify those in your area and cultivate them
for possible work.
Some CPAs might object to
helping defend accused white-collar criminals.
When I was practicing in this field many years
ago, I initially had such feelings, too. But the
reality is that when you are conducting a fraud
investigation, you will ask the same questions
and perform the same analysis whether you are
working for the prosecution or the defense. The
truth is the truth, no matter who is telling it.
Additionally, doing defense work allows you to
see both sides of the issue. This experience will
make you a better fraud examiner.
THE
NATURE OF THE ASSIGNMENTS
Youll
normally receive assignments from either your
clients or local attorneys. The client
usually wants you to resolve the allegation of
fraud, says Greene. In some cases the
client simply wants to get rid of the problem
employee. In other situations you are expected to
work with law enforcement officers, with civil
attorneys attempting to recover a loss or with
insurance companies to develop a bond
claim. The latter requires that the loss be
fully documented.
Work for attorneyseither
civil or criminaltypically involves your
being hired to sort out the accounting facts and
to testify as an expert witness in litigation.
But there are two types of experts: consulting
(no court room appearances involved) and
testifying. They can be the same person, but not
always.
Many attorneys want to
know how you will testify even before youve
done the work, Greene says. You can
avoid this situation by first accepting the
assignment only as a consulting expert. Then,
based upon your work, you can decide whether or
not your testimony would be helpful. If so, you
then can accept a second assignment as the
testifying expert, too. If not, the attorney can
hire someone else.
Tierney sums it up best.
Doing fraud work can be exciting,
challenging, frustrating and very rewarding. I
cant imagine doing anything else. 
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Resources |
Books
CPAs Handbook
of Fraud and Commercial Crime Prevention (#
056504JA)Financial Reporting
Fraud: A Practical Guide to Detection and
Internal Control (# 029879JA)
CPE
Introduction to Fraud Examination and
Criminal Behavior (# 730275JA)
Identifying Fraudulent Financial
Transactions (# 730244JA)
Finding the Truth: Effective
Techniques for Interview and
Communication (# 730164JA)
To order, go to www.cpa2biz.com.
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AICPAs
Antifraud Initiatives
Antifraud and Corporate
Responsibility Resource Center, http://antifraud.aicpa.org/.
SAS no. 99 information.
Management
Antifraud Programs and Controls (SAS no.
99 exhibit).
Fraud Specialist
Competency Model.
Free corporate
fraud prevention training and CPE.
Academia outreach
and assistance.
Other antifraud
activities.
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Joseph T. Wells, CPA, CFE, is
founder and chairman of the Association of
Certified Fraud Examiners and professor of fraud
examination at the University of Texas at Austin.
Mr. Wells won the Lawler Award for the best JofA
article in 2000 and 2002 and has been inducted
into the Journal of Accountancy Hall of
Fame. His e-mail address is joe@cfenet.com.
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