Expert witnessing in forensic accounting a handbook for lawyers and accountants 1st Edition by Zeph Telpner, Michael Mostek 0849308984 9780849308987
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Product details:
ISBN 10: 0849308984
ISBN 13: 9780849308987
Author: Zeph Telpner, Michael S. Mostek
From opposing the local CPA to tackling the Big Five – Everything you need to know about accounting in the courtroomWith 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.
Table of contents:
1 The Forensic Accountant
1.1 A Forensic Accountant as Expert Witness or Consultant
1.1.1 Expert Witness
1.1.2 Consultant
1.2 When the Forensic Accountant Should Be Hired for Litigation Matters
1.3 Where to Find an Expert Forensic Accountant
1.4 Must the Accounting Expert Witness Be a CPA?
1.5 How to Determine Whether the Right Forensic Accountant Has Been Selected
1.6 How the Expert Prepares for and Responds to the Initial Interview by the Lawyer
1.7 What a Curriculum Vitae Should Contain
Representative Engagements in Forensic Accounting, Expert Witnessing and Litigation Support
Business Termination
Bankruptcy
Loss of Earnings
Accounting for Assets
Antitrust Price Fixing Conviction, Petition of Appeal
Water Utility Rate Dispute
Trademark Infringement Profits
Independent Contractor or Employee
Breach of Contract
Miscellaneous Other Litigation
Representative Work in Tax Non-Litigation Matters
Books and Articles Written
Continuing Professional Education Textbooks Published by the AICPA, IRS, California and New York Accounting Education and Corporate Business Clients, etc.:
Articles and Columns
Teaching Experience
My Own Courses
College Courses
Other
Experience
Employment
Education, Awards, etc.
Education
Licenses and Certificates
Professional Memberships:
Accounting Honors and Awards:
Attorney References
2 The Accounting Expert Witness
2.1 Introducing the Attorney to an Accounting Expert Witness
2.1.1 Why Hire a Forensic Accountant
2.2 The Relationship between the Attorney and the Accounting Expert Witness
2.2.1 The Importance of Providing All Information to the Expert
2.2.2 The Importance of the Engagement Letter
2.2.3 The Expert’s Determination of Where to Begin
2.2.4 The General Responsibility of the Attorney to the Expert Witness
2.2.5 The Attorney’s Responsibility to the Testimony of the Accounting Expert Witness
2.3 Legal Qualification of the Accounting Expert Witness
2.3.1 General Requirements for All Witnesses
2.3.2 The General Requirement of Competency
2.3.3 Lack of Personal Knowledge
2.3.4 The Oath or Affirmation
2.3.5 Other Grounds for Disqualifying Lay Witnesses
2.3.6 Opinions from Lay Witnesses
2.3.7 Mixed Expert and Lay Opinions
2.4 Daubert
3 The Expert’s Job Engagement Letter
3.1 The Importance of a Job Engagement Letter
3.2 Examples of Job Engagement Letters
4 Where to Begin
4.1 Begin with a Philosophy and Knowledge of Forensic Consulting and Expert Witnessing
4.2 The Making of a Successful Accounting Expert Witness
4.2.1 Forensic Accounting and Law
4.2.2 Continuing Education
4.2.3 Expert Engaged before a Dispute Has Started through the Court System
4.2.4 Expert Engaged after the Dispute Is in Court
4.4 Petition, Interrogatories, Requests for Production of Records, Motions, Orders and Depositions
4.5 Basic Concepts and Techniques
4.5.1 What Are the Facts?
4.5.2 What Are the Issues?
4.5.3 Where and How Do I Resolve the Issues?
4.5.4 Where Do I Begin?
4.5.5 How Do I Proceed?
4.5.6 How Do I Know When I Am Finished?
4.5.7 How Should I Report My Findings?
4.6 The Expert’s Work Begins
4.7 Interrogatories
4.7.1 Interrogatory No. 2
4.7.1.1 Answer to Interrogatory No 2:
4.7.2 Counterclaim
4.7.3 Application for Temporary Hearing
4.8 Water Purchase Contract Seneca–Racine Exhibit A
4.9 Deposition of Plaintiff’s Expert
5 How to Continue
5.1 Discovery
5.2 Deposition of the Expert Witness for the City of Racine
5.2.1 Direct Examination
5.3 The Issues
5.4 The Work Program
5.5 The Working Papers
5.6 The Expert’s Report
5.6.1 Coversheet to the Expert’s Report
5.6.2 Report Issued by the Expert
6 Substance versus Form and the Nonfactual Fact
6.1 The Most Important Concepts of Forensic Accounting and Expert Witnessing
6.2 What Causes Testimony or Reports to Be Rejected?
6.3 What Are Issues?
6.3.1 Section 162: Trade or Business Expenses
6.3.2 [Sec. 162(c)] Illegal Bribes, Kickbacks and Other Payments
6.4 What Is the Significant Issue?
6.5 The Nonfactual Fact
6.5.1 The Nonfactual Fact in Action
6.5.2 Substance versus Form and the Nonfactual Fact Recognized
6.6 Deposition of Michael James
6.6.1 Direct Examination
6.6.2 Cross-Examination
6.7 Understanding Simple and Basic Accounting
6.7.1 Statement of Facts
6.8 Commentary
6.9 Knowing and Understanding Facts Means Issues Will Resolve Themselves
6.10 Sometimes the Accounting Expert Witness Must Concentrate on Facts and Forget Accounting
6.10.1 What Went Wrong in the District Court Trial?
6.11 Can a Deposition Be Perfect?
6.11.1 Direct Examination
6.11.1.1 Direct Examination (continued)
7 The Effect of the Attorney–Client Privilege and Work Product Doctrine
7.1 Preface to the Attorney Reading This Chapter
7.2 The Attorney–Client Privilege
7.2.1 The Search for the Truth and the Law of Privileges
7.2.2 General Requirements for any Privilege
7.2.3 Requirements for Application of the Attorney–Client Privilege
7.2.3.1 The Elements of the Privilege
7.2.3.2 The Meaning of “Communication”
7.2.3.3 The Meaning of “Lawyer”
7.2.3.4 The Meaning of “Client”
7.2.3.5 The Meaning of “Obtaining Legal Advice or Services”
7.2.3.6 The Meaning of “Intended to Be Confidential”
7.2.3.7 Waiver of the Privilege
7.3 The Work Product Doctrine
7.3.1 The Discovery Process
7.3.2 The Attorney’s Preparation of the Case
7.3.3 The Work Product Rule as Stated by the Federal Courts
7.3.4 Discovery of Work Product
7.3.4.1 Discovery of Trial Preparation Materials
7.3.4.2 Discovery of Ordinary Work Product and Opinion Work Product
7.3.4.3 Discovery of Trial Preparation: Experts
7.3.4.4 Waiver of the Work Product Protection
7.4 How Privilege and Work Product Protection Can Affect the Decisions and Work of the Expert
8 Research Sources for the Expert
8.1 Introduction
8.2 Nothing But the Facts
8.3 Filling in the Background
8.4 Do You Yahoo?
8.5 Don’t Do It Yourself
8.6 Corporate Files
9 The Expert’s Written Report
9.1 The Requirements for a Report
9.1.1 The Purpose of the Report
9.1.2 The Contents of the Report
9.2 The Writing of the Expert’s Report
9.3 Analyses of Reports
9.3.1 Expert’s Report to Howard William Conseki on Valuation of the Conseki Drive-In
9.4 Using Experience from Previous Cases
10 The Expert’s Testimony
10.1 A Brief Look at a Trial
10.1.1 Trial Tips for the Expert
10.2 The Trial Begins
11 Afterword
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Tags: Zeph Telpner, Michael Mostek, Expert, accounting, witnessing