How Forensic Accounting Helps with
Defending Financial Fraud Cases
Financial fraud cases can often be large and complex, with vast amounts of data to analyse and condense into evidence that can be utilised in court proceedings. The process of doing this is incredibly time-consuming and takes a great deal of skill to ensure that nothing of value has been missed. This is where forensic accounting can help.
On the whole, the prosecution’s case when it comes to financial fraud will not be based on expert evidence and instead will rely heavily on their own interpretation of the facts. This approach can quite easily be countered and overcome with the help of a specialist forensic accountant, who will be able to carry out a thorough analysis and investigation of the financial records provided. By ascertaining the true facts of the case using robust, tried-and-tested methods, a forensic accountant can instantly boost the chances of success for their client.
Another way forensic accounting can help is when it comes to the presentation of evidence. To improve the chances of success when defending a case of financial fraud, it is essential that all data is presented in such a way that is easy for the judge and jury to digest. As we have already mentioned, this can be incredibly difficult to manage given the often complicated nature of these activities. A forensic accountant will do this as standard, immediately giving you a potential advantage you otherwise might not have had.
Forensic accountants are also adept at acting as expert witnesses in court, and giving evidence under cross-examination. This can often be instrumental in securing a positive resolution for a defence team, as a forensic accountant will be able to field questions and add a layer of financial expertise and know-how that could otherwise be missing.
It is perhaps in the quantifying of benefit where forensic accounting really comes into its own. By carrying out an in-depth review of the figures, a forensic accountant will be able to assess the true value of the case. This includes differentiating between monies that were acquired legitimately and illegitimately, and identifying what (if any) criminal proceeds the defendant had received. Because of this, a forensic accountant can have great success with having a defendant’s Benefit and Available Amount significantly reduced.
Who Instructs Forensic Accountants?
A forensic accountant can be instructed by a criminal defence solicitor to assist with financial fraud cases. Using their specialist skills and know-how, a forensic accountant can be instrumental in securing a positive outcome for the client, either in the form of an acquittal or a reduction in fines.
Forensic accountants will often be able to chart a course for the defence team’s case that is based entirely on the figures, something that a prosecution’s argument typically does not contain. This can often be crucial in swaying the judge and jury’s final verdict.
Types of Financial Crimes That Can Be Defended
There are several different types of financial crimes that a forensic accountant will be skilled at defending, including:
- Money laundering
- Theft
- Accounting irregularities
- Fraud
In addition, they will have in-depth expertise with working on cases that come under the Proceeds of Crime Act, including defending Confiscation Orders.
The Forensic Accounting
Process for Financial Crime
There are several complex steps that a forensic accountant will go through when defending financial fraud cases. From the initial collation of evidence, to producing a thorough report and potentially acting as an expert witness in court, each and every part of the process will be meticulously executed in order to achieve the best possible results for clients.
Free eBook: The Complete Guide to Forensic Accounting
Whether you’re in the middle of a divorce, are having a disagreement with a fellow shareholder, you’re accused of/have been victim to financial crime, or are the subject of a POCA order, there is a huge variety of ways a forensic accountant can assist and support you through any situation, no matter how complicated.
Whatever your situation, our free guide to forensic accounting is designed to help you to better understand the work done by our team of experts. We cover how the process works, when a forensic accountant’s skill set can help you, their specific areas of expertise, and much more.
How Inquesta Can Help with Financial Crime Cases
Successfully defending financial crime cases takes a meticulous approach to the figures, and an unrivalled ability to present the data in the most compelling way possible. This is where Inquesta excels.
Our expert team has amassed decades of experience in defending complex financial fraud cases and securing a positive outcome for our client — whether that be in the form of a complete acquittal or the reduction of penalties. The work we carry out regularly includes elements such as assessing the true value of the crimes and the defendant’s personal gain (if any), and we are also adept at analysing extremely high volumes of data.
We will also work with our client to identify other areas of investigation that have not already been explored, and are able to effortlessly alter our processes to match the unique circumstances of each case. In addition, we are accustomed to obtaining Legal Aid funding and are able to take on cases at Legal Aid rate, while being acutely aware of the complications and quirks that this entails.
Get In Touch
Our Specialist Team
We have put together an expert team of forensic accountants that can assist with all forms of financial fraud cases.
Rob Miller
Director of Forensic Accounting
A co-founder of Inquesta, Rob Miller is a chartered accountant, a member of the Institute of Chartered Accountants in England and Wales (ICAEW), and a Practising Member of The Academy of Experts.
With decades of experience in providing specialist forensic accounting services, Rob has been instructed to assist with numerous cases — such as financial investigations, criminal defence and confiscation proceedings, commercial and contractual disputes, valuation matters, and much more besides. He has acted on behalf of claimants, defendants, and as a single joint expert.
Noreen Iqbal
Forensics Director
An ACCA-qualified accountant with over a decade of experience acting as a Senior Forensic Accountant within accounts and audit-focused roles. She is vastly experienced in forensic, external and internal auditing, and accounts, having worked at a senior level on a number of high-profile cases across multiple jurisdictions. Her work includes aspects of fraud, money laundering, tracing of funds exercise, and reviewing financial statements.
Mark Holdsworth
Head of POCA
A former head of Criminal Defence, Mark has over 16 years of experience as a forensic accountant, but has lately worked exclusively on financial crime matters. He assists defence teams in relation to criminal investigations and related proceeds of crime and confiscation proceedings. Mark is recognised and accredited as an expert witness by the Academy of Experts.
“Rob Miller is my first choice for forensic accountancy on criminal cases. He has an impressive eye for detail and adopts a ‘user-friendly’ approach to interaction with our clients and other professionals which ensures the smooth running of any task we instruct him to undertake.”
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