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Selected readings from experienced practitioners and leading academics developed to provide practical advice to consulting and expertizing accountants, and the attorneys that engage their services. Topics are wide-ranging, from tips on courtroom attire to legal theories underlying Daubert, and include: testifying do's and don'ts; first-hand suggestions for case preparation, management, and success; roles of expert as consultant and witness; anticipation of varieties of Daubert challenges and cross-examination techniques; understanding independence, methodology, reporting, and advocacy; deposition and cross-examination strategies; and considerations regarding priviledged information and communications.
From opposing the local CPA to tackling the Big Five - Everything you need to know about accounting in the courtroom With the recent boom in litigation and malpractice charges concerning tax, accounting, financial litigation, and fraud disputes, more and more accounting professionals are being hired as expert witnesses. Yet, few lawyers have a full understanding of what accountants can contribute to their cases. And few accountants are familiar enough with the legal system to recognize everything they have to offer as an expert witness. In turn, many relevant issues are missed and financial disputes are often settled with unfavorable outcomes. Conceived and written in the trenches, Expert Witnessing in Forensic Accounting: A Handbook for Lawyers and Accountants candidly shows how to be successful in the courtroom through the hands-on experiences of both a certified public accountant and a trial attorney. Zeph Telpner and Michael Mostek guide you through the entire judicial process - revealing their own and others' mistakes and triumphs along the way and presenting guidelines for everything from choosing an accountant to analyzing the opposing expert's deposition. The law of civil procedure, evidence, expert opinions, trial procedure, and the presentation of expert testimony are a mystery to many accountants and even some lawyers. This straightforward book pulls together all the essential information on the topic. Providing numerous case studies, annotated court documents, expert witness reports, and an actual trial transcript of an expert's testimony, Expert Witnessing in Forensic Accounting: A Handbook for Lawyers and Accountants helps you discover the relevant issues and facts needed to win the dispute. LAWYERS: Know how and when to choose and work with the right forensic accountant Determine whether to hire your forensic accountant as a consultant or an expert witness Decide how early to bring the accounting expert in on the case Discover everything that forensic accountants can accomplish for you Match the accounting expert with the job to be done Help the accountant do a superior job in discovery Use the forensic accountant to the greatest benefit Ask the right questions during direct and cross-examination Build a successful working relationship with the forensic accountant ACCOUNTANTS: Learn how to best advise lawyers during discovery and litigation Discover the procedural and evidentiary rules that most often affect forensic accountant specialists Know how to respond and what to expect while you're on the witness stand Successfully rebut the opinions of the opposing expert accountant Perform superior services in discovery, accounting guidance, and writing expert reports Know how to write a job engagement letter and negotiate fees See how an expert supported the valuation of a particular business in accordance with judicial requirements Build a successful working relationship with the lawyer
From opposing the local CPA to tackling the Big Five - Everything you need to know about accounting in the courtroom With the recent boom in litigation and malpractice charges concerning tax, accounting, financial litigation, and fraud disputes, more and more accounting professionals are being hired as expert witnesses. Yet, few lawyers have
Learn what to expect—and what's expected—as an expert witness Serving as a financial expert witness or consultant in lawsuits is a stressful, challenging, and tough business. In Financial Expert Witness Communication: A Practical Guide to Reporting and Testimony, financial forensic expert Bradley J. Preber leverages more than 30 years of experience to create a practical guide for financial expert witnesses as they face litigation reporting and testimony. Financial Expert Witness Communication covers all areas of financial litigation including accounting, financial forensics, forensic technology, and damages—all from the point of view of an expert witness. The book is especially helpful for those who expect to be formally designated as an expert witness; however, it is also appropriate for financial forensic accountants, litigation consultants, and attorneys as they navigate the unique playing field of the financial litigation process. This book gives financial experts strategies to defend the analysis, conclusions, and expert opinions they have at their disposal. It also provides thorough explanations of compliance, data limitations, and due diligence as well as how to handle demanding legal counsel, with a goal of better preparing them for the entire legal process. The book is part of the Wiley Corporate F&A Series and was created as an educational resource for nonattorney financial experts involved with U.S.-based civil litigation or alternative dispute resolution proceedings. It takes a well-rounded approach by including special chapters on such concepts as retention, privilege, responsibilities, ethics, and testimony, all written by a nationally recognized expert. As a bonus, the companion website presents an additional expert witness case study and guidelines for fulfilling an expert witness role.
A must-have reference for every business professional, Forensic Accounting and Fraud Investigation for Non-Experts, Second Edition is a necessary tool for those interested in understanding how financial fraud occurs and what to do when you find or suspect it within your organization. With comprehensive coverage, it provides insightful advice on where an organization is most susceptible to fraud.
Making complex accounting terminology easy to understand, this book provides an introduction to the core financial concepts in divorce, such as asset identification, classification and valuation, income determination, and expenses. In clear, accessible language, this book offers step-by-step guidance while also exploring strategic concerns appropriate for high-asset and high-conflict cases. It connects the dots among the interrelated topics of subpoena practice, accounting, depositions, methodology, financial statements, tax returns, testimony, expert reports, and how to effectively use financial data obtained in discovery.
Recent catastrophic business failures have caused some to rethinkthe value of the audit, with many demanding that auditors take moreresponsibility for fraud detection. This book provides forensicaccounting specialists?experts in uncovering fraud?with newcoverage on the latest PCAOB Auditing Standards, the ForeignCorrupt Practices Act, options fraud, as well as fraud in China andits implications. Auditors are equipped with the necessarypractical aids, case examples, and skills for identifyingsituations that call for extended fraud detection procedures.
The global nature of crime often requires expert witnesses to work and present their conclusions in courts outside their home jurisdiction with the corresponding need for them to have an understanding of the different structures and systems operating in other jurisdictions. This book will be a resource for UK professionals, as well as those from overseas testifying internationally, as to the workings of all UK jurisdictions. It also will help researchers and students to better understand the UK legal system.
The role of accountants in divorce cases / William J. Morrison and Thomas J. Reck -- Ethical limitations on future services for neutral financial professionals following a collaborative divorce / David C. Hesser -- Complex compensation issues in a divorce / Susan M. Mangiero and Lili A. Vasileff -- Valuing professional practices for divorce engagements : reasonable compensation and excess earnings : hit or myth? / Kevin R. Yeanoplos -- Unreported income and hidden assets / Mark Kohn -- Equitable distribution and community property states / Joyce C. Somerville -- Business owner investigative techniques : a focus on fringe benefits / James F. McNulty -- Factors to consider regarding division of non-marital and marital assets for divorce / Richard A. Campanella and Joseph M. Lo Campo -- Determining economic income for divorce purposes when the spouse owns a closely held business / Bruce L. Richman -- Selection of business valuation experts in a divorce : the attorney perspective / Paul Townsend and Alison Leslie -- Litigating and proving child support in high asset or high income cases : what to do when a heavy hitter is at the plate / Barry A. Kozyra and Judith A. Hartz -- Do court preferences exist in cases of matrimonial dissolution involving the valuation of closely held companies? / James A. DiGabriele and Gabriela V. Simoes.
FRAUD AUDITING AND FORENSIC ACCOUNTING With the responsibility of detecting and preventing fraud falling heavily on the accounting profession, every accountant needs to recognize fraud and learn the tools and strategies necessary to catch it in time. Providing valuable information to those responsible for dealing with prevention and discovery of financial deception, Fraud Auditing and Forensic Accounting, Fourth Edition helps accountants develop an investigative eye toward both internal and external fraud and provides tips for coping with fraud when it is found to have occurred. Completely updated and revised, the new edition presents: Brand-new chapters devoted to fraud response as well as to the physiological aspects of the fraudster A closer look at how forensic accountants get their job done More about Computer-Assisted Audit Tools (CAATs) and digital forensics Technological aspects of fraud auditing and forensic accounting Extended discussion on fraud schemes Case studies demonstrating industry-tested methods for dealing with fraud, all drawn from a wide variety of actual incidents Inside this book, you will find step-by-step keys to fraud investigation and the most current methods for dealing with financial fraud within your organization. Written by recognized experts in the field of white-collar crime, this Fourth Edition provides you, whether you are a beginning forensic accountant or an experienced investigator, with industry-tested methods for detecting, investigating, and preventing financial schemes.