The Forensic Accountant as an Expert Witness

Week 10

For the following entry please apply the following hypothetical scenario:

Assume you have completed your university degree and landed your ‘dream job’ working as a junior forensic accountant in a boutique forensic accounting firm in the Brisbane CBD. After 12 months, you are asked to represent a client in Court as the expert witness. The person who usually undertakes this work is overseas investigating a case and will not return for another four weeks.

The client is a well-known CEO from a large and profitable organisation, charged with misappropriation of funds. If found guilty, he will be jailed for approximately five years. You have been working on the case as a forensic accountant, compiling large amounts of evidence and eDiscovery documents for the past five weeks. Although you have learnt a great deal in the 12 months with the firm, and from your studies at QUT (especially AYB115!), you feel that you are not yet qualified to take on this role.

“Using relevant parts of APES 215 and other documents/journal articles and your own knowledge, explain to your supervisor why it is inappropriate for you to be the expert witness in this case. Use your reflective writing techniques in answering this question.”

Since discussing expert witnessing, I have been examining what it would take for me to become an expert witness. I feel that I am not suitable for the roles because I lack the appropriate experience and my personality does not correlate to that of an expert.

The APESB (2008) publication for forensic accountants, APES 215, item 3.12 highlights that expert witnesses require specialised training, study or work experience. Furthermore Rasmussen and Leauanae (2004) highlights that years of prior experience in forensic cases, training and education are the most important characteristic of an expert. Upon evaluation, I believe that it is inappropriate for me to be an expert witness as I possess a low level of experience, having only worked in the field for 12 months. A suitable expert would be someone like guest speaker Lisa who was a qualified accountant and had 5 years of work experience when starting as an expert witness.

Additionally I believe that I would not make a good expert witness based on my personality. Hoffman, Finney, Cox and Cooper (2007, p.15) have highlighted that being an expert requires a specific attitude and approach. Based on previous personality testing, I have discovered that I am an introverted person, scoring 31 points for extroversion in the Neo IPIP test. Additionally Singleton, Singleton, Bologna, and Lindquist (2006, p.277) have highlighted that opposing counsel will attempt to discredit and destroy the expert’s self-confidence in the cross-examination process. Based on my research and discussions with an expert witness, I conclude that I would not be suited to being an expert witness as I believe that I could not keep my composure in the witness stand.

Reference List:

Accounting Professional and Ethical Standards Board (APESB). (2008). APES 215 Forensic Accounting Services, item 3.12 – Professional competence and due care. Retrieved from: http://www.publicaccountants.org.au/media/32890/apes%20215%20standard_1.pdf

Hoffman, R., Finney, W., Cox, P., & Cooper, K. (2007). The forensic accountant as an expert witness: a basic guide for forensic accounting. Sydney, NSW: CCH Australia Limited.

Rasmussen, D., & Leauanae, J. (2004). Expert witness qualifications and selection. Journal of Financial Crime, 12 (2), 165-171. Doi: 10.1108/13590790510624954

Singleton, T., Singleton, A., Bologna, J., & Lindquist, R. (2006). Fraud Auditing and forensic accounting (3^rd Ed). Hoboken, New Jersey: John Wiley & Sons