Podchaser Logo
Home
(BONUS) From What It's Like to Be … a Forensic Accountant

(BONUS) From What It's Like to Be … a Forensic Accountant

BonusReleased Monday, 18th December 2023
Good episode? Give it some love!
(BONUS) From What It's Like to Be … a Forensic Accountant

(BONUS) From What It's Like to Be … a Forensic Accountant

(BONUS) From What It's Like to Be … a Forensic Accountant

(BONUS) From What It's Like to Be … a Forensic Accountant

BonusMonday, 18th December 2023
Good episode? Give it some love!
Rate Episode

Episode Transcript

Transcripts are displayed as originally observed. Some content, including advertisements may have changed.

Use Ctrl + F to search

2:00

walk in their shoes. Today

2:02

we're chatting with a forensic accountant,

2:04

Chris Ekimov. We'll hear

2:06

about a headmaster who stole from his

2:08

own students. We'll learn about

2:10

what sorts of clues you look for when

2:13

you're scouring someone's records for evidence of fraud.

2:16

And we'll hear how this wary

2:18

outlook, always being on the lookout

2:20

for people lying or cheating, affects

2:22

your perspective in everyday life. I'm

2:25

Dan Heath. Stay with us. So

2:30

what is a forensic accountant exactly? So

2:33

I use the shorthand. In audit or

2:35

general accounting services are a

2:37

mile wide and an inch deep. You're not looking

2:39

at every single transaction, but

2:41

you're getting a general sense of how

2:44

appropriate these transactions are. Forensic accounting is

2:46

the inverse. It is a

2:48

mile deep, but only an inch

2:50

wide. And that's because you're

2:52

specifically looking at how are payments

2:55

being processed in Uganda. Are

2:57

the right people receiving the appropriate amounts

2:59

of money? Are we interacting with government

3:02

officials in compliance with our policy and

3:04

with international law? So to

3:06

circle back to that CFO, the

3:08

one who'd been caught embezzling millions of dollars,

3:11

how did he get away with it? Well,

3:13

for years he'd been charging personal

3:15

expenses to the company as travel

3:18

expenses. But beginning several

3:20

years ago, Chris told me that was no

3:22

longer possible. The kicker, Dan,

3:24

was 2020. The

3:26

global pandemic happened and travel ended.

3:30

And in that year, he could no longer

3:32

code those expenses to travel because as all

3:34

of us did in that day, you knew

3:37

if travel expenses were the same as 2019,

3:39

you're probably skirting a lot

3:41

of the local laws and issues around COVID.

3:44

So he actually stopped stealing in 2020.

3:47

And then in 2021, went back to start stealing again,

3:49

but knew that the business was still not traveling to

3:51

the degree they were in 19 and

3:54

prior. So we tracked that

3:56

activity through and he started coding it

3:58

as an additional payroll expense. Which

4:00

was partly truthful in his defense. It

4:02

was an extra payroll expense. We could

4:04

spend the next hour talking about the

4:06

tax implications of that issue, right? Because

4:08

he was not reporting that income and

4:10

the business was not recording that as

4:12

payroll because it hadn't been done that

4:14

way for the 10 years prior. So

4:17

when you're brought in in a case like that,

4:19

there's an anomaly, there's a suspicion of some kind,

4:21

you're hired to come in. What's

4:24

the first move? Like where do you

4:26

start? Getting as robust

4:28

a understanding of the circumstance is really

4:30

where we can be most effective. And

4:32

are you on site interviewing people or

4:35

do they send you a pile of

4:37

documents or like how do you first

4:39

get your head around the situation? I

4:41

think really to kind of break it

4:43

down, day one CEO calls and says

4:45

they're embezzling. What does the company

4:47

do? What is the normal course of business,

4:49

right? What industry are they in? What kind

4:51

of contextual things can I learn through my

4:53

own research before I ever approach

4:56

the target of an investigation or start

4:58

reviewing documents? The second is

5:00

really working internally with our team at RSM. We'll usually

5:02

staff these projects with a team of folks and most

5:04

forensic accountants will follow the same to

5:07

brainstorm what types of insights

5:09

are we trying to glean? What is

5:11

our objective? What hypothesis are we either

5:13

confirming or refuting? And what

5:16

financial information or other information do we need

5:18

for that? And some of that too comes

5:20

from a professional responsibility perspective. Most forensic

5:22

accountants are certified public accountants or certified fraud

5:24

examiners and we hold ourselves out to have

5:27

a certain professional standard about the work

5:29

that we do, right? I'm not just going to take

5:31

Johnny's answer to be like, no, I'm not embezzling. And

5:34

then write a report that said, Johnny said, no, we're

5:36

done. We're going to kick the tires a little

5:38

bit, right? We're going to do some due diligence into the

5:40

appropriateness of his conduct and what his response might have been to

5:42

be able to answer that. Then to

5:44

your question about being on site, sometimes

5:47

you'll sit across the table from somebody you've known

5:49

has stolen millions of dollars and

5:51

you'll do what's called an admission seeking interview,

5:53

right? You gather all your information, the classic

5:55

cases you interview the suspect last that you

5:57

think did it so you can have as much as you can. information

6:00

as possible and sit them down and kind of

6:02

say, all right, explain this to me. I

6:04

see a check with your name on it. I see your

6:06

signature on that check. I see it for $5,000 and

6:09

I see no business reason for that to happen. Why

6:11

was this check written and why did you sign it?

6:13

And that can be a tough answer. And

6:15

do most people cave in that situation when

6:17

they realize you've got the evidence or a

6:20

lot of people still in deny, deny, deny mode?

6:23

Yeah, it depends on the level of sophistication.

6:26

I've sat across from people who will

6:29

never admit it, even though we've got

6:31

an email that they sent that said, I'm

6:33

committing a fraud, ha ha, this company is so dumb. Like,

6:36

dude, you wrote this 18 months ago and

6:39

now you're telling me it didn't happen. So there's

6:41

always gonna be that 5% or 10% that are denying

6:43

or think they can get out of it or think

6:45

they're smarter than you. But most

6:48

of these people that admit or

6:50

were in an investigation, sometimes

6:52

even show a sign of relief. They say, I've

6:54

been living under this terrible

6:56

cloud of stress and deception and

6:58

lies. And I feel so terrible, I'm

7:01

glad I got caught. That's

7:03

not to minimize the punishment. They may go to

7:05

jail, they may lose their license or their ability

7:07

to practice or their job, but they

7:09

just wanna get out from under this huge albatross that's been

7:11

over their lives. So in those interviews, and we don't have

7:13

to get into the techniques of it, but it's really to

7:16

give them an out, to say,

7:18

listen, this happens a lot. We understand, was

7:20

this a mistake? Did you think

7:22

that this was appropriate? It's okay. Talk to me

7:24

about what your thinking was. And that often leads

7:26

to a better resolution for the company too, to

7:28

know where they may have missed on a policy

7:31

or on a signature or on an authorization request

7:34

beyond just someone denying to the nth degree and not wanting to

7:36

talk to you. What is

7:38

the interface between what you do and

7:42

civil or criminal law? When

7:44

someone does confess in a moment like that,

7:47

do you refer them to the authorities or is

7:49

that outside the scope for what you do or

7:51

how does it work? It goes

7:53

hand in hand. It's not 100% in

7:55

one direction or another. Like I talked about that

7:57

embezzlement investigation, over a 10 year period for $7

7:59

million. million dollars. We were hired by

8:01

the legal counsel for the business. So

8:04

their attorneys are considering, are we

8:06

going to be able to recover any of this money? Short

8:08

answer is really no, because they spent most of

8:10

it on travel, right? You're not going to get

8:12

a flight back or a private jet expense back

8:14

from the private jet company. But

8:16

they consider and advise the company on what

8:18

a recovery might be in terms

8:20

of theft or embezzlement. They talk about the message

8:22

they want to send to other employees or other

8:24

businesses out there that they're not going to put

8:27

up with fraud, whether it's $5 or $500,000, as

8:30

well as listen, the cost of litigation and

8:32

bringing things to court is not zero. So

8:35

if you're not going to get a big recovery

8:37

from someone and you're going to have to pay

8:39

attorneys a lot of money to try the case,

8:41

it might not be a good idea to

8:44

file criminal or civil charges because it's really

8:46

a zero sum or a cost benefit analysis.

8:48

It's not in the company's favor. And is

8:50

there a tendency of companies, like

8:52

with hacks, for instance, a lot of companies won't

8:54

disclose hacks because they're afraid it's going to surface

8:57

their lack of good IT policy. Like, do you

8:59

sometimes encounter companies that want to sweep fraud under

9:01

the rug because they don't want people to know

9:03

how bad their controls were? Yeah. And I'll say

9:06

that too. One of the areas we see that

9:08

a lot is a non-for-profit area because their business,

9:11

for lack of a better phrase, is

9:13

based on reputation. You know, we're doing good

9:15

work to meet our mission, whether that's to

9:18

serve underprivileged communities or provide food

9:20

for those in situational issues or

9:23

house survivors of domestic violence. Being

9:26

an organization that can't keep their

9:28

own shop in order can really

9:30

hurt grants, donations, things like

9:32

that. And again, we're not saying that these companies

9:35

are purposefully lying to people about what happened, but

9:37

they're less likely to report that to the

9:40

news or maybe bring a criminal or civil

9:42

action because some of the reputational harm might

9:44

weigh into there as well. Looking

9:47

back, what's the engagement that

9:49

you've felt most emotionally

9:52

engaged with? Hmm.

9:56

So I've done some work for attorneys

9:59

who represent higher

10:01

education institutions. And

10:03

must have been four or five years ago now. One

10:06

of the attorneys down in the Southeast part of the

10:09

US was representing a day school, a

10:11

private school for kids in elementary and high school, at

10:14

which the headmaster stole,

10:17

gotta put a number on it, somewhere in the low

10:19

seven figures. This is a school where tuition's about 15,

10:21

$20,000 a year for

10:23

these kids, ended up walking away

10:25

with more than a million dollars and denied

10:27

all aspects of the fraud. And

10:29

that to me really rung true because it

10:31

was taking a legitimate

10:33

service for people of means, attempting

10:35

to better themselves, to learn

10:38

and grow, and walking away

10:40

from it, right? This was not taken from a

10:42

multi-billion dollar corporation, it's a rounding

10:44

error. This closed the school. Oh wow.

10:47

And so our work was really to understand what they

10:49

could reclaim from the individual, what they

10:51

could recover from an insurance policy against a

10:53

fraud loss, and really try

10:55

to be as efficient and effective because the school does

10:58

not have the wherewithal to have a multi-year investigation, right?

11:00

They're not gonna be able to pay attorneys and accountants

11:03

forever. So how do we do this quickly? How

11:05

do we do it meaningfully? And how do

11:07

we get to a result that's gonna help these kids

11:09

recover some of the money they paid for this school

11:11

that no longer exists to get them back on their

11:14

feet and maybe to another school or to another situation?

11:16

So there's times that you can get

11:19

emotionally attached isn't the right way to say it,

11:21

but I feel more

11:23

connected to the work when I can see the obvious

11:25

good it may do if we get to a good

11:27

answer. And in a

11:29

situation like that, is there any way to claw

11:31

back some of that money from the person who

11:34

absconded with it? There is, right? That's why the

11:36

civil and criminal court system exists in those examples.

11:38

I think that he had funded

11:40

a lifestyle probably with about 50% of it that he

11:43

took, but also improved a home that he lived in.

11:45

And so that home, it could be sold at

11:47

auction or he could give that up, then

11:50

those monies could be distributed to some of the

11:52

victims there and back to the school administration. So

11:55

that's one of those cases too

11:57

where the investigation as a fact

11:59

witness. is really important. John

12:01

took a $1,000 check from the school. He

12:05

wrote it to himself from the checking account. That

12:07

same day, he paid $1,000 to a contractor who

12:11

was building his new kitchen. One

12:13

of the things we did in the embezzlement case

12:15

was look at the payments made to the college

12:17

funds of the embezzler of

12:20

his children. And it was

12:22

very clear that his payroll check donated

12:24

$50 or

12:26

$100, whatever the number was, to each of his kids'

12:28

college funds. But then his embezzlement

12:30

led to thousands more being put in there.

12:33

And so we got into a pretty aggressive

12:36

discussion with the opposing attorney representing him,

12:38

saying this money was not just kind of

12:40

his regular salary funding his kids' college, this

12:43

was stolen funds. And we had to

12:45

make a decision about whether to go after innocent

12:47

kids' college funds to see if we could help

12:50

reclaim some of the debt that amounted from the

12:52

embezzlement. Dumb question, but why

12:54

do you have to establish where

12:57

people spent the ill-gotten gains?

13:00

Isn't it enough that they just took more than

13:02

they were supposed to take from the company? Even if

13:04

they gave it to charity, it would still be

13:06

a criminal or civil violation, wouldn't it? Yeah,

13:09

I mean, I'll give you the worst answer

13:11

ever. It all depends, facts and circumstances-based. But

13:14

in certain cases, and I had the benefit, I

13:16

guess, and it's a little bit of my Cobb

13:19

benefit of working on the Madoff matter. And

13:22

so Bernie Madoff, famous Ponzi scheme.

13:24

That's gotta be like the Everest of forensic

13:26

accounting, no? I say that,

13:28

but also, I mean, this is a multi-billion dollar

13:31

case, it's very hard to find a forensic accountant

13:33

who didn't work in some facet of

13:35

the Madoff case, whether it was for the trustee

13:37

or some of the individuals who lost money or

13:39

some of the feeder funds or hedge funds that

13:41

were involved, so thousands and thousands of people have

13:43

worked on the matter, generally. And

13:46

it was one of those interesting issues. I

13:48

worked for a firm where an individual was

13:50

picked as the expert witness over the bankruptcy.

13:53

And so his job was to talk about the way money

13:55

was spent. And they had to

13:57

prove in court that it was a Ponzi

13:59

scheme. They had to literally write

14:01

a 125-page report that said, these are all

14:03

the reasons it's a Ponzi scheme, even though

14:06

Bernie had already admitted to it. And

14:08

the reason was the legal mechanics around

14:10

it being claimed a Ponzi

14:12

scheme had to be accepted in court. And you couldn't

14:14

just take the, you know, admission

14:17

of a known liar and thief. So

14:20

has this work changed the way

14:22

that you see people or see

14:24

organizations? It's

14:26

hard to say, right? I am so jaded, right?

14:29

I think about it the same way you think

14:31

about like an emergency room doctor, right? An emergency

14:33

room doctor might look at someone who comes in

14:35

with, you know, severe shoulder injury

14:38

and not even blinks. I

14:40

think that I've learned a lot about people

14:43

and about trust in that,

14:45

you know, there's a lot of statistics out

14:47

there from the Association of Certified Fraud Examiners

14:49

and other organizations that study these things to

14:51

say that, you know, the most trusted individuals

14:53

are often the ones who are found to

14:56

be, you know, taking money in situations where

14:58

frauds identified. Oh, God, really? Is that true?

15:01

Well, it's a debate between controls and oversight, right?

15:03

If you've got a person that you trust implicitly,

15:05

you know, you don't check every little

15:07

thing they do until something major happens,

15:09

right? Like that CFO. The CEO trusted

15:11

him for a dozen years before he was in

15:13

a position to steal from the company.

15:15

And then after he started wanting to get out over

15:17

his skis and live a more lavish lifestyle, you

15:20

know, that trust trumped oversight in

15:22

terms of how travel and entertainment

15:24

expenses being utilized. So those

15:26

things happen. That's got to mess with your mind.

15:28

I mean, do you have like this loop in

15:30

your brain now when like when you start to

15:32

really trust someone, you're like, wait a minute, is

15:35

this the highest risk person in my life? Yeah, for

15:37

me, right? It's a personal choice to like, you know,

15:40

my wife and I manage a checkbook like

15:42

any married couple do and there's sometimes a

15:44

raised eyebrow right about a specific expense or

15:46

something like that. But to me,

15:48

it's much more about educating that individual when they call

15:50

and they go, no, no, no, no way Sharon could

15:52

have done this. You go, well, you know,

15:54

I've met 11 Sharon's in the past

15:56

10 years and they've all done it. with

16:00

open eyes and think about this

16:02

from an objective perspective. And

16:04

let's check Sharon's work and make sure she's signing

16:07

off and getting appropriate approval and letting you know

16:09

when something's out of whack or out of budget.

16:12

Is there any way to scope like

16:14

the incidence of fraud? Like

16:16

based on your experience, what's the likelihood

16:18

that any company out there is experiencing

16:21

something that you could interpret as

16:24

fraud right now? What would

16:26

you guess? The answer is yes.

16:30

So the Association of Certified Fraud Examiners I

16:32

mentioned a minute ago, they

16:34

are an international body of anti-fraud

16:36

professionals that both certify folks

16:38

like me as certified fraud examiners through a test

16:41

and through training and things like that, as

16:43

well as conduct studies and solicit

16:45

responses from certified fraud examiners and

16:48

people in the market. And their running statistic is

16:50

that top line revenue of a

16:52

business, 5% of

16:54

that can be attributed to fraud loss. You're

16:57

kidding. 5% yet. So

17:00

if your business makes $10 million, 5% of

17:02

that you can somewhere

17:04

in those expenses, somewhere in the operations of

17:06

the business or you're missing out on 5%

17:08

of revenue is being

17:11

siphoned off by fraudulent things. And that's

17:13

everything from people inappropriately recording

17:15

their time and saying they worked more than

17:17

they did to adding

17:19

an extra travel meal to their expense

17:22

report even though they weren't technically traveling

17:24

that day. So it's not the

17:26

Bernie Madoff's or the Enron's scandals or 5% of the

17:28

world. It's really those kind of cases

17:30

that 5% of revenue is really

17:32

kind of the benchmark that you can measure

17:34

yourself against. Now, I work with clients all

17:37

day that are very adamant that there is

17:39

no fraud going on and they're probably right

17:41

to a material degree, especially if it's a

17:43

mom and pop business with six people. It's

17:45

a lot harder to create an avenue

17:47

for fraud there, not that

17:50

it doesn't happen. But compared to some

17:52

of the large multinational organizations, there's people

17:54

trimming on the edges and coloring outside

17:56

the lines pretty regularly, not

17:58

to a material extent, but that is happening

18:00

out there. As we speak right

18:02

now, someone is being fraudulent out

18:05

in the world. I was

18:07

curious, how many layers of suspicion

18:10

do you need in a typical

18:12

situation? If someone hands you customer

18:15

invoices or receipts, or do

18:18

you take that at face value or is there

18:20

immediately a loop in your head that's

18:22

like, I wonder if this is a real invoice

18:24

or a real receipt? How much verification do you

18:26

typically have to do? It

18:29

depends on the circumstance, of course, but I like

18:31

to say it's an iterative process. If

18:33

you give me 11 random invoices

18:35

from 2022, and

18:37

they all follow a standard format

18:39

from a specific business, they all

18:41

have very detailed amounts and descriptions

18:43

on them, and the numbers and

18:45

dates of them do not lend

18:48

themselves to any type of

18:50

manipulation. We talk about sequential numbering. If I

18:52

pick 11 random invoices from business A, and

18:55

they're numbered 101 to 112, and

18:57

they happen throughout the year, my question is,

18:59

how is this business still open if you're the only

19:01

one that they're sending invoices to? If

19:03

you don't pick up on anything like that, you're going

19:06

to feel differently about that invoice in that business than

19:08

you are if you see something that looks

19:10

like a logo that Dan, I don't know how you are

19:12

at Arts, but maybe you or I could draw on Microsoft

19:14

Paint. That's going to lead me

19:16

to make a different conclusion about the value of that

19:18

information, or if they're following

19:20

a non-standard format, if the description lines go

19:22

from being very detailed to very general, or

19:25

they shift on the page, can I explain

19:27

that or can I not? I

19:29

love this. These are such great little

19:31

screens that you've picked up over the

19:33

years. I'll talk about a

19:35

little case we had a couple of years ago

19:37

where an individual who's an IT professional at

19:40

a business was using

19:42

the IT budget to buy himself things,

19:44

all kinds of stuff, convenience stores, and

19:47

Target, and Walmart, and all those things.

19:49

But he would go online and what he would do

19:51

is he would screenshot the

19:54

line item from an invoice from a

19:56

computer part supplier, Best Buy

19:58

Whomever, that's at HDMI cable. You know

20:00

one unit and he would paste that over the

20:02

real Line item that he

20:04

purchased the problem was he did that and he

20:07

didn't change anything else about that invoice So we

20:09

would get an invoice from Walmart that listed all

20:11

of these HDMI cords

20:13

that he had bought but of the six

20:15

lines on him They all had insanely different

20:17

prices like he bought one HDMI cord from

20:19

Walmart on that day for six hundred and

20:21

forty dollars He bought another one for six

20:23

dollars. He bought a third one for fourteen

20:26

hundred dollars It's just like being able to

20:28

obviously that's an extreme example But you

20:30

know he was trying to get it approved through the

20:32

expense system and all the expenses did was look at

20:34

you know Is this dollar within our budget which the

20:37

answer was unfortunately? Yes, and do the

20:39

descriptions on a spot check match what we think they

20:41

did of course and so that's a computerized system It

20:43

did not go through and evaluate the appropriate

20:45

pricing of every HDMI cable purchase You

20:48

know we ended up finding out that he was buying himself

20:50

a lot of clothing and shoes and electronics and all these

20:52

things But saying they were all

20:54

HDMI. He had acquired over 780

20:57

HDMI cables For eight and

20:59

a half million dollars or whatever the number was over the period

21:02

He's got a whole closet full of very expensive

21:04

HDMI cables So your question was how

21:06

many layers do you have to go down it definitely does

21:08

depend? There's times where we

21:10

will specifically disclaim in our reports. We

21:12

did not validate the veracity

21:14

of this information I got a report from

21:16

the bank that said that they paid eleven

21:18

dollars on Thursday I did not

21:21

drive to the bank and ask them where the

21:23

eleven dollars was right I assumed that

21:25

the bank provided me with legitimate information. They're a third party.

21:27

They have no reason to lie to me We're

21:29

gonna explain that at our report Would

21:31

you recommend this field to a young

21:33

person? I would I've

21:37

learned over the years that there are people

21:39

who are Naturally good at

21:41

a variety of different things one of

21:43

my best friends is a health care

21:45

auditor in Pittsburgh And he

21:47

loves seeing the same client every year

21:49

doing very similar work every year same

21:52

type of audit work Not

21:54

that that's boring or repetitive in any means but kind

21:56

of having those long-standing relationships with clients I have friends

21:58

who work as a counselor in-house and they

22:00

write the same report every month,

22:02

every year for a dozen years. That's

22:05

not something that... I'm sensing

22:07

a need for variety in your personal life. That's where I'm

22:09

at, right? I'm one of those people who, you know, I

22:11

like to tell the story. I was on a huge

22:14

litigation matter between creator

22:17

of telecommunication services, right, satellites

22:19

and a federal agency. And

22:22

I learned more about satellites than probably

22:24

anybody but Dave Matthews knows about. Pause

22:26

for laughter. I love it. Dad jokes

22:29

are always welcome on the show. You

22:31

got it. And I have not worked on a satellite case

22:33

since, right? So I can watch

22:35

a report of what Elon Musk has put into

22:37

the sky and know a little bit more about

22:39

it than I did, you know, 10 years ago.

22:41

But I'm not going from satellite case to satellite

22:43

case. I like getting that

22:45

view of different industries, different services,

22:48

different types of circumstance and learning

22:50

from them and maybe, you know, filing that away

22:52

as a memory or as a lesson to learn

22:54

on a future case. But if I

22:56

were to be always looking at just one type of

22:58

issue, I think that I would kind of lose it

23:00

a little bit. And that's just my natural preference. So

23:03

if you're asking about recommendations, I would ask people

23:05

to look inside themselves and say, are you okay

23:07

with getting yelled at by a different

23:10

client every week, 52 weeks a

23:12

year? Sure variety. If the answer is close to yes,

23:14

yeah, maybe think about it. Where if you'd rather be

23:16

yelled at by one client every year, maybe you look

23:18

a little bit more towards my friend. This is not

23:21

for you. Yeah. So Chris,

23:23

on the show, we always end with a lightning

23:25

round of questions for our guests. So

23:27

let me fire away here. What is

23:29

a word or phrase that only someone from

23:31

your profession will be likely to know? And

23:34

what does it mean? Well, I'm

23:36

going to broaden the definition of profession. So

23:38

I'm going to say those who work in

23:40

the litigation or fraud investigation space. So attorneys,

23:42

you're welcoming as well. The word is see

23:44

enter, Dan, do you know what see enter

23:47

is? See enter? No. See

23:49

enter is the legal term

23:52

for a fraudulent intent. So

23:55

see enter is often what you have to prove in

23:57

a court of law so that a judge

23:59

or a judge. jury can determine if this was

24:01

fraud or not, right? So writing yourself a $5,000

24:03

check by accident, again,

24:06

we can make that argument as one does. It

24:10

has happened, I'm sure somewhere, right? Nothing in the world

24:12

is new. Versus purposefully writing

24:14

yourself a $5,000 check to

24:16

steal from the company, to enrich yourself, to

24:19

make the down payment on your yacht, right?

24:22

Proving that to enter, that knowledge of

24:24

that fraudulent intent has a legal element

24:26

to it. Versus negligence, right, is

24:29

another legal concept of maybe not

24:31

overtly performing an act or omitting

24:33

an act that creates an issue,

24:35

but just comes by happenstance or

24:37

by you neglecting something. So

24:39

our HDMI cable friend, Boo Koo

24:41

C. Enter. Yes,

24:44

it was quite clear from the documents

24:46

that he was maybe a little lazy

24:48

in copying the same HDMI screenshot over and

24:50

over again, but did not have much to

24:53

say about his fraudulent intent after he was

24:55

approached. All right, question

24:57

two, who is the most famous

24:59

forensic accountant, whether real or fictional?

25:02

So the answer is both real and fictional,

25:05

and the gentleman who got me involved

25:07

or interested in forensic accounting is a

25:09

gentleman named Frank Wilson. Dan, do you

25:11

know who Frank Wilson is? No, no,

25:13

tell me about Frank. Frank Wilson is

25:15

one of the folks on Elliott Ness's

25:17

team who helped capture the famous Al

25:19

Capone on Tax Rod. So

25:21

if you remember the movie from the

25:24

late 80s, The Untouchables starring Gwen Young,

25:26

Kevin Costner. I saw that

25:28

movie early in my career, and just the

25:31

idea that there was this type of law

25:33

enforcement service or law enforcement adjacent activity related

25:35

to accounting really got me excited. So

25:37

I'm sure folks will say Ben Affleck. I love that

25:39

you were fixated on the accountant in that movie. Exactly,

25:41

yeah. There's a lot of other stuff going on, and

25:43

Sean Connery is great. Most people

25:46

will probably say Ben Affleck's character in The

25:48

Accountant is probably more famous now after

25:50

that action movie came out a few years ago, but

25:52

I always go back to Frank Wilson as a driving

25:54

force in my career. Oh, that's true. The

25:57

Ben Affleck character was a forensic accountant, wasn't

25:59

he? Yeah. And that movie is

26:01

100% accurate if you only

26:03

focus on the scene where he's in the

26:05

conference room checking the numbers. All

26:08

the other stuff I have not seen

26:10

in my career in terms of gun ranges and

26:12

flying vehicles and

26:15

everything else going on. Yeah, you all are

26:17

basically Navy SEALs with calculators, right? Sure, yes.

26:19

Yeah, that's right. And sometimes I get

26:21

tired standing up, but that's a different story. Okay,

26:24

question three. What phrase or sentence

26:26

strikes fear in the heart of

26:29

forensic accountants? Oh,

26:32

here's something I should have given you at

26:34

the beginning of the investigation. Has

26:39

someone said that to you before? When

26:41

I hear that from a client, I just know I'm in

26:43

for a world of hurt, right? There's some assumption that we

26:45

missed or some documented that we didn't know about that maybe

26:47

we went down path A and we should have gone down

26:49

path C. Had we known that, right, we would

26:51

have done a lot of things differently. So that's something where, you

26:53

know, all things being equal, we'll get to the right answer. But

26:56

that's one of those where, all right, we got to

26:58

start all over again and then kind of reframe what

27:00

we're doing. Chris

27:07

Ekimov is a director in

27:09

the financial investigations and dispute

27:12

services at RSMUS. He's

27:14

also the co-host of the Insecurities

27:16

podcast, which explores the

27:19

wild world of securities regulation and

27:21

enforcement. We'll put a link to it

27:23

in the show notes and I'm a subscriber myself, by the way.

27:26

I could have talked to Chris for

27:28

three hours. I'm totally fascinated by what

27:30

he does. And what I

27:33

kept thinking about after we talked

27:35

was the point he made about

27:37

how it's usually the most trusted

27:39

individuals who are the ones most

27:41

responsible for fraudulent activity, not

27:44

because trusted people are more likely to be

27:46

criminals, which would be insane, but because

27:49

trusted people are the only people with

27:51

the access and the wherewithal to pull

27:53

off the crimes. And

27:56

then because that one trusted person

27:58

in a hundred or a thousand

28:01

abuses their trust and commits fraud,

28:03

the rest of us stop

28:05

getting trusted preemptively, right?

28:08

So, all of this compliance activity springs

28:10

up around us, the controls and the

28:12

oversight and the red tape, and

28:15

it makes everybody's life a little bit

28:17

more frustrating. It's

28:19

sort of like how drug stores started

28:21

locking up the razor blades because they

28:23

were expensive and easy to steal. And

28:26

then because one bad apple and a

28:28

thousand might have tried to steal the razor blades, the

28:30

other 999 of us have

28:33

a guaranteed more annoying shopping

28:35

experience. And I think the

28:37

same thing is true with financial controls. It's

28:40

like a tax we all have to pay

28:42

because of people like our friend, the HDMI

28:44

cable bandit. But at

28:47

least we've got people like Chris out there tracking

28:49

them down one by one. You

28:51

got to love a profession where you can use

28:53

your math skills to fight crime. And

28:56

folks, that's what it's like to

28:58

be a forensic accountant.

Unlock more with Podchaser Pro

  • Audience Insights
  • Contact Information
  • Demographics
  • Charts
  • Sponsor History
  • and More!
Pro Features