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Author: Megan Kelly

Megan Kelly is a Director at FAZ Forensics, specializing in both forensic accounting and business valuation engagements. On the forensic accounting side, her areas of expertise include corporate internal investigations, shareholder disputes, economic damage analysis, embezzlement investigations, regulatory and contract compliance assessments, and construction integrity monitoring. She investigates and manages projects for clients in various industries including healthcare, retail, manufacturing, telecommunications, construction, governmental agencies, banking, and securities.
high rise office building

Forensic Support in a Shareholder Dispute

high rise office building

FAZ was engaged to provide forensic consulting services to a defendant in a shareholder dispute, in which plaintiff and defendant were both 50% owners of an entity which managed real estate properties and also performed certain maintenance work at those properties. In addition to conducting our own analysis, we were engaged to rebut plaintiff’s expert report regarding damages sustained by the plaintiff for breach of fiduciary duty by the defendant. Our rebuttal report needed to be prepared within 30 days of receipt of plaintiff’s expert report.

We worked closely with our client to understand the important details and nuances of the engagement, as well as the nature of the business from the perspective of our client. The plaintiff’s expert report alleged that our client misappropriated nearly $2 million from the entity owned equally by the plaintiff and defendant by taking excess distributions from the entity. We reviewed bank account statements of both the business and personal records of our client to determine the nature of transfers to and from the business.

Our client was operating a small business, where recordkeeping and internal controls are often limited due to resource constraints. In this instance, our client was infusing substantial personal funds to the business via personal checks, transfers from a bank account of a business solely owned by the client, payments made to purchase properties on behalf of the business directly by our client, transfers from their personal bank accounts, or payments for made for business expenses using personal funds. It is common in small businesses for owners to consider the business an extension of themselves. In this case, the defendant made substantial infusions of personal funds to support of the business, but had not been properly recognizing those infusions on the books and records of the business as either loans or amounts due to the defendant. Many of the transfers to the defendant in the plaintiff’s expert report were, according to our client, return of capital they had loaned to the company.

Through our document review and analysis, we were able to determine that our client contributed substantially more funds to the business than had been disbursed to them over the same time period. We identified many cash infusions to the business that had been overlooked by the plaintiff’s expert. Subsequent to the issuance of our report, plaintiff and defendant were able to settle their dispute without proceeding to trial. The analysis and report we prepared played a key role in facilitating this resolution.  

Financial Statement Fraud

Warning Signs of Financial Statement Fraud with Examples

Financial Statement Fraud

The three primary categories of occupational fraud are asset misappropriation, corruption, and financial statement fraud. According to the Association of Certified Fraud Examiners’ (“ACFE”) 2024 Report to the Nations, in which real cases of occupational fraud were analyzed between January 2022 and September 2023, financial statement fraud, which occurs when a perpetrator intentionally caused a misstatement or misrepresentation in the organization’s financial statements, was the least common occupational fraud to occur but caused the greatest median loss. There are a number of reasons why financial statements may be manipulated, including attempts to secure financing, beating earnings targets to inflate stock prices, or to hide losses. Based on results of 2024 Report to the Nations, financial statement fraud represented only 5% of perpetrated fraud schemes, but results in median losses of $766,000 per case.

Financial statement fraud can be represented by net worth or net income overstatements or understatements, and can be carried out by reporting fictitious revenues, improper valuations, improper disclosures, incorrectly reported liabilities and expenses, and timing differences. Some of the most well-known frauds have been financial statement frauds, including the Enron, WorldCom, and Wirecard frauds.

Some examples of different types of financial statement fraud include the following:

  • Fictitious revenues: In 2000, Lucent Technologies admitted to improperly recognizing revenue, by overstating revenue by approximately $700 million by recognizing revenue on certain transactions that in which products had not yet been sold or accepted by the customer.
  • Improper valuations: In 2015, Toshiba was found to have delayed recognition of the impairment of certain nuclear power assets, thus reflecting overstated assets on the company’s balance sheet, thus improperly presenting the overall health of the company.
  • Incorrectly reporting liabilities: In 2001, Enron was found to have used special purpose entities to hide massive debts and liabilities, which artificially inflated equity and understated liabilities. This scandal lead to the collapse of Arthur Andersen, at the time one of the five largest accounting firms, and the creation of the Sarbanes-Oxley Act.
  • Improper disclosures: Valeant Pharmaceuticals concealed a key business relationship, and failed to disclose to investors that a captive pharmacy network was used to drive sales. The Securities and Exchange Commission found that Valeant failed to disclose the material impact of revenue it received from drug wholesalers, and that executives chose to present GAAP and non-GAAP financial measures to misrepresent revenues.
  • Timing differences: In 2004, Bristol-Myers Squibb agreed to pay a $150 million settlement to the SEC for inflate earnings prior to reporting to meet earnings expectations. Bristol-Myers Squibb booked future sales as current period revenue to boost sales, thus prematurely recognizing revenue.

Financial statement fraud can often be difficult to detect because it is carried out by those at higher levels within an organization. In certain instances, financial statement fraud is covered up by collusion and the override of internal controls; these situations often can only be created by those at the management or executive level. However, patterns of unusual activity can point to deeper issues that may be obscured via financial statement manipulation.

  • Aggressive revenue recognition policies: Examples include recognizing revenue before the delivery of goods and services, as described above in the Lucent Technologies fraud scheme. Aggressive revenue recognition can also include misrepresenting the progress on a contract to recognize revenue sooner than actually earned.
  • Management override of internal controls: Bypassing of internal controls by management or company executives is a red flag, and this behavior creates additional risk for a company. Maintaining a strong control environment can help prevent fraud, but overriding internal controls weakens the overall control environment of an organization.
  • Turnover in accounting roles: If a company experiences high turnover in key accounting roles, this may suggest turmoil within the accounting department of the organization. High turnover could result in weakened internal controls, which creates an environment in which financial statement fraud can occur.
  • Exceeding targets in a down market: If a company is consistently beating earnings targets in a down or volatile market, this could suggest that the finances of the company are being manipulated.
  • Excessive related-party transactions: Related-party transactions can be used to conceal financial results, especially if these transactions are disclosed improperly or outside of the normal course of business.

According to the ACFE Report to the Nations, 43% of occupational fraud cases were uncovered by a tip from a whistleblower. The next most common method of detecting occupational fraud is through internal audits, which only identified fraud in 14% of the cases analyzed. Of those who have reported occupational frauds, more than half of the whistleblower tips came from employees. Creating an anti-fraud culture is a cost-effective way for companies to prevent fraud, and it signals to employees, vendors, and investors that the organization does not tolerate fraud and has open communication channels to prevent fraud. Although financial statement fraud can be difficult to detect, establishing a strong ethical culture and being aware of common red flags can aid in its prevention.

Elder Fraud Awareness and Prevention

According to the FBI’s Internet Crime Complaint Center’s (IC3) 2023 Elder Fraud Report, frauds targeting individuals aged 60 and above resulted in over $3.4 billion in losses in 2023. This represented an increase of nearly 11% from 2022. Older adults are a frequent target of scammers as they tend to be perceived as more vulnerable, trusting, less technologically savvy, and tend to have considerable funds saved for retirement. Additionally, elder fraud frequently goes unreported due to shame associated with falling victim to the scam.

Per the IC3’s 2023 Elder Fraud Report, the following are the top 5 most frequently reported frauds to the IC3 related to elder fraud:

• Tech support fraud – This is a type of scam where a fraudster pretends to oTer technical support services, posing as a legitimate company like Microsoft. In many circumstances, these individuals will use technical terms to make it appear as if there are legitimate issues with your personal computer. They will then ask to gain remote access to your device, allowing them to install malware on your device, giving them access to sensitive data. In 2023, total reported losses were nearly $600 million.

• Personal data breach – A personal data breach occurs when there is an unauthorized or accidental security breach that results in the loss or access to personal data. This can include sending personal data to the incorrect recipient, whether accidentally or unknowingly through a phishing scam, or theft of a device that contains personal identifiable information.

• Romance scams – Per the FBI, in a romance scam, a criminal uses a fake online identity to gain a victim’s affection and trust, then uses the nature of their “relationship” to manipulate and ultimately steal money from the victim. Fraudsters prey on individuals searching for a human connection, and gain access to their personally identifiable information, or convince the individual to send them money directly. In 2023, total reported losses were over $350 million.

• Non-payment/Non-delivery scams – In a non-delivery scam, an individual makes a purchase online, typically sparked by the offer of a deep discount from a website that may be lesser known. The purchased product is then never delivered, and the “seller” of the product is unreachable. This is a scam to especially be aware of as we are entering the holiday season.

• Investment scams – In an investment scam, a fraudster promises guaranteed high returns with minimal risk in a fake investment opportunity. Scammers create websites and other informational materials that appear legitimate, and often use language indicating that the opportunity is limited and a sense of pressure is created around making the investment. Seniors are frequently targeted in these types of schemes as these individuals typically have retirement funds available for investing. Recently, these schemes have involved cryptocurrency investment opportunities. In 2023 alone, reported losses to the IC3 were over $1 billion.

There are several warnings signs to be aware of that could indicate that someone in your life has become a victim of a fraud scheme. Some things to be aware of include:

• Mood changes or heightened levels of stress.
• Abnormal spending behavior.
• Sudden changes in any estate-related documents.
• Excitement related to a new investment opportunity that deviates from that individual’s typical investment strategies.
• Mention of any new people in the individual’s life.

Prevention

With the continued advancements in technology, it is more important than ever to be vigilant in not only personal fraud prevention, but being able to identify and communicate this information to protect your older friends and family members.

The following are some steps to take to avoid the scams noted above:

• Do not respond to calls or texts from unknown numbers.
• Never give remote access to your computer to an individual who contacts you unexpectedly.
• Do not send money to someone you have never met in person.
• Never click on links or attachments in any unsolicited e-mails or text messages.
• Do not share your personal identifiable information with an unknown individual, especially via e-mail or text message.
• Be aware of where you are doing your online shopping – if you’re making a purchase at a new website, do some research before clicking purchase.
• Seek advice from a trusted financial advisor before making any investment decisions.
• Never make an investment decision when pressure is involved.
• Frequently monitor your credit score and report any potential fraud to your credit agency.

If you think that you or someone you know may have been a victim of fraud, it is important to contact law enforcement immediately. Additionally, you can file a complaint with the FBI’s Internet Crime Complaint Center.

Read Our Reviews

FAZ Forensics is rated 4.95 out of 5.0 stars based on 21 review(s).

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FAZ Forensics did a full review and evaluation of my business and I was very happy with the level of detail and expertise.

- Chris Schmidt

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Christian has, along with his good nature and thoughtful regard, been exceedingly helpful with sorting out the complexities of our case. We could not be more pleased with our exchange. Thomas and Hema Easley

- Thomas Easley

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Christian was patient and easy to understand. clear, concise and thorough. he spoke “plain” English and was respectful. he did not “rush” and he responded to every question i had, in a timely manner. no matter how “dumb” it may have seemed. for example, i received some paperwork by mail and i did not understand it. i emailed him about it and he cleared it up that day. thats great customer service!

- Joong Park

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Really good, very knowledgeable and communicated with us every step of the way.

- Haartz Corporation/Tom Daigneault

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FAZ has a great team doing terrific work for our clients.

- Jim Towne

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Exceptional work produced.

- Matt Smith

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Thanks!

- Arrow Bank

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FAZ was very professional, knowledgeable and very fair priced. The work performed was prompt, accurate and reliable. I would absolutely hire them again if in need for additional accounting work.

- Arrow Financial Corporation

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Excellent to work with. Professional and personable.

- Cambridge Central School District

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Awesome team! They were a pleasure to work with. I would definitely recommend.

- Cambridge Central School District

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FAZ was extremely thorough and professional in doing our business valuation. We are very pleased with the results

- Anne Choppy

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Steve and GeNet were great at the valuation we needed. Very satisfied. Thanks,Vince and Anne

- Vincent M. Choppy

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Perfect

- Zalazar anelardo

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Gen'et and Paul were extremely responsive to our needs. They listened and responded to any concerns that we had. I would highly recommend them for any forensic engagement needs.

- Jennifer Mulligan

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Thank-you for asking. Our experience was excellent. The people at FAZ showed a depth of knowledge and experience that was very helpful with the undertaking before us. Well done.

- Guy Tombs

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The CPAs and staff at FAZ are truly amazing. They explain their process very well and always answered my questions right away. I highly recommend them for all your forensic accounting and evaluation services.

- Ashley Hart

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Excellent and responsible.

- Peter Lee

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Steve Ferraro did an excellent job and worked tirelessly as our expert forensic accountant witness. Based on Steve's hard work, the jury awarded every penny that Steve showed our client to be entitled to and completely rejected the conclusions of the opposing side's expert.

- Dave Paliotti

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Great firm!

- John Harwick

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The people at FAZ are amazing. They are true professionals. The staff is knowledgeable & kind. You feel like you matter. Anytime I have questions they take the time to go through everything in detail so I completely understand everything. I would definitely recommend FAZ.

- Dan Dagostino