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CHAPTER 8:�TRANSFORMING DATA INTO�EVIDENCE (PART 1)

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Learning Objectives

  1. Describe the role of data analysis in a forensic accounting engagement
  2. Identify potential constraints and limitations that frame the data analysis task
  3. Compare and contrast four common data sources used by forensic accountants
  4. Explain the importance of planning for data analysis

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Learning Objectives

  1. Identify ways data can be collected in a forensic accounting engagement
  2. Discuss the process of data preparation
  3. Identify and describe three data analysis tools: relationship charts, link analysis, and timelines
  4. Describe interview transcription as a process of analysis and interpretation

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Describe the Role of Data Analysis in a Forensic Accounting Engagement

Learning Objective 1

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Role of Data Analysis

  • Data analysis should occur throughout the engagement to facilitates hypothesis development and refinement
  • This iterative process helps to focus the data collection effort (what to look for)
  • Drives reasoned and intellectually honest conclusions
  • Instead, much depends on the specifics of the engagement (such as scope limitations and time constraints)

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Data Analysis

  • Data are simply Items of information
  • It can include any information about the subject person or organization
    • Qualitative data cannot be objectively measured, such as observations (sights, sounds, and smells) and words (documents and interviews)
    • Quantitative data can be measured and expressed numerically, such as profit, weight, time, and age
  • in data analysis, we take some Set of information broken down into manageable pieces

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Data Analysis

    • Purpose is to drill down to the essence of the information, which may not be apparent when viewed as a whole
    • Requires a well-defined purpose, careful planning, and a systematic process for success
    • Aimed at refining the working hypothesis
    • In a forensic accounting engagement, successful data analysis is not conducted indiscriminately
    • It requires a well-defined purpose, careful planning, and a systematic process, all aimed at refining the working hypothesis

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Sufficient Relevant Data

  • Forensic accounting (expert) opinions must be based on sufficient relevant data
  • This mandate is found in
      • Rule 702 of the Federal Rules of Evidence (FRE)
        • Expert opinion must be based on sufficient facts or data derived from the use of reliable principles and methods
      • Rule 201 of the AICPA’s Code of Professional Conduct
        • Practitioners must obtain sufficient evidence to afford a reasonable basis for conclusions

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        • FRE 702 allows the testimony of an expert witness if it will help the trier of fact (judge or jury) through the maze of “scientific, technical, or other specialized knowledge
        • Under this rule, expert testimony is admissible only if it meets three specific criteria:
        • The testimony is based upon sufficient facts or data.
        • The testimony is the product of reliable principles and methods
        • The principles and methods have been applied reliably to the facts of the case

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Terminology

  • Tool
    • Instrument that creates leverage in processing, understanding, and/or illustrating data
      • Relationship charts, link analysis, and timelines
  • Method
    • Determines what data are processed and how they are processed
  • Technique
    • Particular approach for applying a tool or method in a specific situation
    • Based on their individual preferences, experiences, and resources, different individuals may reasonably use different techniques for the same task.

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Identify Potential Constraints and Limitations that Frame the Data Analysis Task

Learning Objective 2

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Framing the Data Analysis Task

  • Understanding the purpose of data analysis, we now shift our attention to the process
  • The process begins before the application of analytic methods, with efforts to properly frame the data analysis task
  • Includes consideration of various constraints
    • Introduced by specific circumstances of the engagement as well as limitations of the data

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Preliminary Considerations

  • Time constraints
    • Data analysis is always Limited by time constraints, especially when the volume is substantial
    • Access to data
    • Data cannot be analyzed unless they are available and can be obtained within the established time frame for the engagement
    • Forensic accountants need to determine what data are necessary and where they can be obtained

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Preliminary Considerations

    • Technological resources
    • Technological resources impact a forensic accountant’s ability to perform data analysis, as well as the efficiency (time) of the process
    • Include computers, software, cameras, recording devices, database subscriptions, and presentation aids

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Data Limitations

  • Some can be managed with proper disclosure, but others may render the data unsuitable for the specified objective (that is, unable to meet the threshold of sufficient relevant data)
  • Common examples of data limitations include:
    • Missing data:the analyst must consider whether all relevant data have been disclosed (such as bank statements without check copies)
    • Altered data:. In some cases, it is possible that the data have been altered
    • Different forms of the same data
    • Different definitions of the same data
    • Nonexistent data

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Compare and Contrast Four Common Data Sources Used by Forensic Accountants

Learning Objective 3

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Data Sources

  • Four common data sources:
    • First-Party Data are obtained from the subject individual or entity, Examples include the subject company in a business valuation, the plaintiff in an economic damages claim, and the victim of a suspected fraud (or the alleged fraudster, if engaged by the defense
    • This source is preferable for two primary reasons: it is direct and accessible. A direct source is often perceived to be the most relevant and comprehensive. With regard to documents and financial data, the subject has the best knowledge of what information is most critical to the activity of interest and the personal incentive to preserve it

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Data Sources

    • Second-Party Data
    • Obtained from individuals or entities that are related to the subject
    • The relationship may be personal (such as family or friends)
    • (such as co-owners, employees, customers, vendors, or external accountants
    • Examples of obtaining data from second-party sources include interviewing a family member or requesting financial data from the subject’s CPA.

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Data Sources

  • Third-Party Data
    • Obtained from entities that maintain records regarding the subject , such as financial institutions and government agencies
    • For example, bank statements can be used to confirm components of financial statements and tax returns, such as cash balances, reported expenses, and loan payments. Some third-party data are publicly available, such as organizational data, deeds, liens, and bankruptcy filing

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Data Sources

    • Fourth-Party Data
    • Obtained from reference sources, such as news articles, academic journals, trade publications, case law, transaction databases, and government statistics
    • Falls within the realm of secondary research rather than primary research
    • The advantage of fourth-party data is that it can be obtained independently by the forensic accountant, without the assistance of the subject or engaging counsel

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Explain the Importance of Planning for Data Analysis

Learning Objective 4

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Planning for Data Analysis

  • It is necessary to begin the data analysis process with proper planning
  • Involves determining:
    • What data will be collected, (and from what sources),
    • How it will be analyzed, and
    • How results will contribute to refining the working hypothesis

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Planning for Data Analysis

    • Recording the plan has several benefits:
    • It forces the analyst to explicitly consider the previously noted constraints;
    • It helps the analyst to remain on task, avoiding any unnecessary efforts that consume valuable time and resources;
    • It provides a standard against which to monitor the progress of the data analysis; and
    • It facilitates a detailed description of the analysis, which is a necessary component for communicating results at the completion of the engagement

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Universe of Data

  • Must be identified before data analysis can begin
  • Data universe: also known as the population includes all items of interest, whereas a sample is a subset of these items
  • Important to be defined
    • Involves identifying any relevant data that may exist and disregarding any irrelevant data
  • Forensic accountants may face challenges in
    • Processing an abundance of data
    • Absence of existing data

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Identify Ways Data Can Be Collected in a Forensic Accounting Engagement

Learning Objective 5

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Means for Data Collection

  • In corporate investigations
    • Engaging party may be able to provide any necessary information
    • provide access to individuals who can assist in obtaining the information
    • Access to personal data for their employees through prior consent ,which describes situations in which individuals sign a release allowing specific information to be disclosed for a specific purpose

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Means for Data Collection

  • In civil cases
    • Depends on the engaging party
    • If the forensic accountant has been engaged by the party who has possession of the data (such as the plaintiff in a personal injury claim or the asset spouse in a divorce)
    • If the opposing party fails to comply with discovery requests or does not have access to the data, it may be necessary for the attorney to issue a subpoena
    • Subpoena: legal notice directing the attendance of a person at a deposition or trial

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Means for Data Collection

  • In criminal cases
    • Data can be obtained by law enforcement through a search warrant
    • A search warrant is a court order issued by a judge authorizing a law enforcement agency to perform a search of a person or location and confiscate any evidence that is found

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Drafting a Data Request

  • The engaging party commonly relies on the forensic accountant to identify any data that are necessary for the analysis
  • Data requests outline specific items to obtain
  • Guidelines for constructing data requests follow:
    • Specificity: To encourage compliance, a data request should be as specific as possible
      • Data requests should be specific with regard to several elements:
      • Form of the data—digital or paper
      • Form of paper data—inspection of originals, if available
      • Time periods—duration of the entire period and reporting
      • Parties (individuals and/or entities) to which the request applies

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Drafting a Data Request

    • Data requests should be specific with regard to several Supporting documents: If any schedules, attachments, or other supporting documents are needed, they should be specifically identified
    • Interviews: Data requests can include requests for witness interviews or site visits.
    • Alternatives: Identify any alternative data or forms of data that are acceptable if the requested item does not exist or is unavailable

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Discuss the Process of Data Preparation

Learning Objective 6

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Data Preparation

  • Must be be prepared in a form to which analytics can be applied
  • Involves processes by which data are gathered, transformed, to specific rules and staged
    • Both time- and la bor-intensive
  • Involves maintaining a data inventory
    • Allows the analyst to note any gaps in the data
    • Enhances the efficiency of the analysis process
    • Acts as a progress meter for the data collection

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Working with Databases

  • Data preparation involves the manipulation of one or more databases
    • May also require creation of new database
      • Key considerations
        • Data fields
        • Accuracy
        • Standardization

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Identify and Describe Three Data Analysis Tools: Relationship Charts, Link Analysis, and Timelines

Learning Objective 7

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Data Analysis Tools

  • Initially applied early in engagements to create context
  • With the progress in engagements, continually updated to reflect new information and perspectives
  • Value stems from key advantages
    • Widely applicable
    • Multifunctional
    • Easy to apply

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Table 8-1—Common Forensic Accounting Tools

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Describe Interview Transcription as a Process of Analysis and Interpretation

Learning Objective 8

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Interview Transcription

  • Involves the concurrent activities of data collection, analysis, and interpretation
  • Equally important as the end product
  • Should be done by the interviewer
    • Ensures accuracy
    • First opportunity to transform facts into story
  • Discretion of the interviewer is involved
  • Interpretations involves
    • Selection
    • Reduction

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