CFF Flashcards
(715 cards)
What is the primary role of a forensic accountant acting as an expert witness?
To assist the trier of fact. The legal system allows the use of experts as a way of assisting the trier of fact (a judge or jury) rather than as advocates for a particular party. As expert witnesses, forensic accountants are not to be advocates for the defendant or plaintiff, but rather advocates for their opinion.
3 services forensic accountants acting as consultants can provide…
- Advice on a fraud risk mitigation.
- Valuation of an estate.
- Financial impact of mergers and acquisitions.
Forensic accountants do not provide opinions on the fair presentation of financial statements. The objective of audit engagements usually is to express an audit opinion on whether financial statements, taken as a whole, are fairly presented. In contrast, forensic accounting consulting engagements tend to focus on one or more particular areas of a dispute of investigation.
3 areas outside of accounting that are important for forensic accountants to have knowledge of…
- Information Technology. For example, analyzing the audit trail of a financial reporting system.
- Psychology. For example, forensic accountants may interview individuals involved in or related to an investigation.
- Criminology. For example, consideration of the Fraud Triangle (rationalization, financial pressure, and opportunity) in connection with a fraud investigation.
What is the Forensic and Valuation Services Executive Committee?
The AICPA body that has rule-making authority in the area of forensic and valuation services.
Which section of the AICPA Code of Professional Conduct does not apply to forensic accountants?
The “Other Members” section. This section applies to unemployed or retired CPAs. Since all CFF’s have to be CPA’s, this does not apply.
What are 3 courses of action a member of the AICPA should consider when responding to an ethical conflict?
- Consulting with the appropriate persons within the firm or the organization that employs the member.
- Requesting the advice of other individuals in the field.
- Obtaining advice from appropriate professional bodies or legal counsel.
What are 3 valuation approached identified in VS section 100?
- Income approach.
- Market approach.
- Cost approach.
Do AICPA members need to comply with non-authoritative guidance issued by the AICPA?
No. Members are not required to comply with non-authoritative. They may deviate from non-authoritative guidance if the member can justify departures, particularly if the facts and circumstances of the member’s engagement are nearly similar to those of which the guidance applies.
List 3 major titles in the Federal Rules of Civil Procedure (FRCP).
- Trials.
- Pleadings & Orders.
- Evidence.
What is the “First Appearance”?
The initial appearance of the defendant before a judicial office is referred to as the first appearance.
What is a “Pleading”?
The initial stage of a civil lawsuit involves the filings of pleadings by the respective parties. The purpose of pleadings is to give notice to the parties and the court of the assertions of each side and to assist in the determination of the issues.
What is a “Preliminary Hearing”?
A preliminary hearing usually occurs after the initial appearance, bail hearing, or Gerstein decision; a preliminary hearing is not constitutionally required. A preliminary hearing takes place before a judicial officer.
What is an “Arraignment”?
The arraignment occurs after the indictment has been filed. The defendant is brought before the trial court and asked to enter a plea.
For an indictment, how many jurors must vote to indict?
A simple majority. A simple majority is sufficient to issue an indictment.
In civil actions, what is an “Injunction”?
An injunction is a judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act, e.g., to make restitution to an injured party.
In civil actions, what are “Orders for Specific Performance”?
Orders for specific performance is the performance of a contractual duty, where damages may not be adequate remedy.
In civil actions, what are “Money Damages”?
Money damages are those damages paid to a person as compensation for a loss or injury.
In civil actions, what is an “Attachment”?
An attachment is a court order permitting a court officer, such as a sheriff, to seize a debtor’s property?
What is the most important criteria evidence must satisfy before any considerations affecting admissibility?
Relevance.
What are 3 criteria that FRE rule 702 require of expert testimony?
- It must help the trier of fact to understand the evidence or determine a fact at issue.
- It must be based on sufficient facts or data.
- It must be the product of reliable principles and methods.
Who might undisputed discovery requests be directed to in federal courts?
Both parties and non-parties to the lawsuit. Discovery tools, such as deposition, may be directed to either a party to the lawsuit or a non-party, by subpoena.
Name 3 of th3 4 major types of discovery tools.
- Requests for admission.
- Interrogatories.
- Depositions.
Why are excessive discovery tactics an issue in the court system?
Lawyers can bill for more hours worked if discovery is more extensive. Additionally, lawyers can include the most relevant documents in a larger group of discovery in order to force opposing counsel to expend more effort to identify the most relevant documents.
Name 3 advantages of alternative dispute resolution (ADR) over traditional litigation.
- Cost effective. ADR typically costs less than court litigation.
- Private. ADR, in most cases, does not create any public record.
- Tends to build rather than destroy relationships. ADR can bring opposing parties together and resolve disputes out of the public eye in a way that the opposing parties feel is fair and reasonable.