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Employee-Driven Retail Fraud Continues Despite Fraud Deterrence Measures

Despite increasingly stringent fraud deterrence measures, fraudulent activity in retail operations such as stores and restaurants continues to pose a significant problem, with the retail industry estimating a loss of nearly $3.2 billion to fraud in 2014.

“Technological improvements and greater oversight have made it more challenging for fraudsters to steal cash and inventory from retail establishments,” said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides a full range of fraud investigation and fraud deterrence programs in the Delaware  Valley.  “But the incidence of fraud persists in the retail world because of the sheer number of opportunities to commit fraud and the never-ending determination and creativity of fraudsters to circumvent anti-fraud controls.”

This post will examine some of the most common retail fraud schemes carried out by employees and offer recommendations that can reduce the success of those schemes.

Cash Register Schemes:

The simplest of the cash register schemes is the outright theft of cash from the till, said Anderson, a forensic accountant who also is a Certified Fraud Examiner in Philadelphia.  This fraud is easily combated by reconciling the cash in the register to recorded sales.  Anderson said some retailers — fast food restaurants, for example — perform reconciliations several times a day.

Other cash register schemes include those in which an employee “short-rings” or “no rings” a sale — records a lower amount than the actual sale or records a $0 sale to open the register.  The employee then pockets the difference between the actual sale and what was rung up either at the time of the sale or later when no one is looking, explained Anderson, a forensic accounting expert in Philadelphia who recommends that every organization adhere to a comprehensive fraud deterrence program developed by an experienced firm that provides forensic accounting services in Philadelphia and the Delaware Valley.

Dishonest bartenders run a similar scheme in which they serve a number of drinks to a customer, but ring up only one or two of them, Anderson said.  What usually happens in these cases is that the bartender receives an inflated tip from the customer in return for undercharging the number of drinks.

Retailers have been fighting cash register schemes in a variety of ways, said Anderson, a forensic accounting expert in Philadelphia who has conducted numerous fraud investigations.  The first is the use of an electronic cash register and the requirement that each purchase be scanned into the register.  Similarly, Anderson said, restaurants require the wait staff to enter every customer order into the system to facilitate meal preparation.  These measures prevent employees from ringing up purchases for less than the actual sale amount.

Many bars have installed electronic systems that measure the amount of alcohol poured from each bottle.  At the end of the shift, management can reconcile the number of pours with sales to verify that the pours are being properly rung, Anderson explained.

Inventory Schemes

Inventory schemes involve the outright theft of inventory, as well as tag switching, according to Anderson, a forensic accounting expert in Philadelphia.  Anderson said tag switching occurs when an employee works with an accomplice who switches the price tag on an item with that of a less expensive item, or the employee pretends to scan the more expensive item but instead scans an inexpensive item twice.  The more expensive item is either sold to a third party (with the co-conspirators pocketing the profit) or is returned to the store by the accomplice for a refund, explained Anderson, who also is a Certified Fraud Examiner in Philadelphia.

Retailers have been using security tags on inventory for years to prevent outright theft by both employees and customers, said Anderson, a forensic accountant whose fraud investigations have uncovered fraudulent activity in many different types of businesses.  Retailers also employ several other methods to combat outright theft and tag switching.

Anderson said these include requiring a person who is returning an item to produce the original sales receipt; granting only store credit for those without sales receipts (making it harder for the fraudsters to convert the return into cash); and daily inventory tracking for expensive items (for example, tracking 50-inch televisions so that any discrepancy between inventory and sales is identified in the same day).  Retailers have also installed surveillance cameras to combat employee and customer fraud.

“The belief that ‘Big Brother is watching’ often is enough to significantly reduce the incidence of retail fraud, even if security personal doesn’t have time to actively review the tape recordings or if the cameras aren’t really recording anything,” said Anderson, whose firm provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.

To stem the loss of cash or inventory from your store or restaurant, it may be time to engage a forensic accountant to analyze your fraud controls and enact stronger fraud deterrence measures that will adequately protect your retail establishment and lessen the chances of theft.

If you require the services of a Certified Fraud Examiner in Philadelphia or any other forensic accounting services in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at  david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, fraud deterrence, litigation support, economic damage analysis, business consulting and outsourced CFO services.  Company principal David Anderson is a forensic accounting expert in Philadelphia who has more than 30 years of experience in financial and operational leadership positions and is a Certified Public Accountant, a Certified Valuation Analyst and a Certified Fraud Examiner in Philadelphia.

Forensic Accountants Simplify the Most Complex Data for Jurors

Presenting financial information to a jury, especially in complex matters, can seem a nearly impossible task.  Most jurors have little or no understanding of financial statements or financial analysis, and introducing large amounts of data and complex spreadsheets can be mind boggling and intimidating.  But the job of a forensic accountant providing expert witness testimony to a jury is to make even the most complicated financial data understandable.

“Presenting complex financial information in a way that allows jurors to grasp its meaning can have a significant impact in the presentation of a case,” said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides litigation support services and expert witness testimony in Philadelphia and the Delaware Valley.  “It is the financial data that often can make a difference between winning a case and losing a case, or between a significant jury award or a paltry one.”

Anderson, a forensic accounting expert in Philadelphia and the Delaware Valley, recalled one case in which he was asked to prepare detailed financial reports for a jury and provide expert witness testimony during the trial.  Anderson said the case centered around a claim by his client (the plaintiff) that the actions of the defendants had caused the client to lose sales and, therefore, profits.  (Note:  The company name, amounts and dates in the examples below have been changed to protect client confidentiality.)

As a result of a thorough analysis of the data, Anderson’s report to the plaintiff’s counsel included the following two spreadsheets. (Click on each chart for a closer look.):

 

Blog 47 - Litigation Support - 2-3-15 -nothing but six charts_Page_1 Blog 47 - Litigation Support - 2-3-15 -nothing but six charts_Page_2 Blog 47 - Litigation Support - 2-3-15 -nothing but six charts_Page_3

“Imagine yourself sitting on a jury and being confronted with these schedules,” said Anderson, whose full range of forensic accounting services in Philadelphia and the Delaware Valley includes litigation support services and expert witness testimony in Philadelphia.  “The columns of numbers would have been difficult to remember and even harder to understand.  And they would not have had the intended impact on the jury.”

Anderson did not present the schedules as they appeared in his report to the counsel, but instead reduced the information to a simplified set of color-coded charts:

Blog 47 - Litigation Support - 2-3-15 -nothing but six charts_Page_4 Blog 47 - Litigation Support - 2-3-15 -nothing but six charts_Page_5

“These charts made it much easier for the jury to see the impact of the defendant’s actions and to visualize the amount of losses suffered by the plaintiff in each quarter,” said Anderson, a forensic accounting expert in Philadelphia whose company offers a full range of forensic accounting services in Philadelphia and the Delaware Valley.

Anderson said another method of getting the point across to a jury is with the strategic use of color and the intensity of the color.  Another chart from Anderson’s expert witness testimony before the same jury was the following:

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“The dark blue color evokes a feeling of strength as opposed to the light blue color, which appears to be weaker,” explained Anderson, a forensic accountant who provides litigation support services in both civil and criminal cases. “It’s this strategic use of color that can leave the subtle impression in the jurors’ minds that my loss calculation for the plaintiff is stronger and, therefore, more reliable than the defendant’s loss calculation.”

These are just two examples of how a forensic accountant providing expert witness testimony can assist in the successful presentation of a case to a jury.

If you are in need of litigation support services or expert witness testimony in Philadelphia, or require the services of a forensic accounting expert in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, fraud deterrence, litigation support services, economic damage analysis, business consulting and outsourced CFO services.  Company principal David Anderson is a forensic accounting expert in Philadelphia with more than 30 years of experience in financial and operational leadership positions. He is a Certified Public Accountant, a Certified Fraud Examiner and a Certified Valuation Analyst.  Anderson also has provided expert witness testimony in the Greater Philadelphia area and served as a forensic accounting consultant on both civil and criminal cases.

Fraud Tales: Fraud Investigation Tracks Tiny Fraud that Grew

As fraudulent activity goes, it was a seemingly miniscule theft — a mere $2,000 pilfered decades ago.  Hardly worth raising an eyebrow.  But the case of Mark Jenkins is a prime example of how a seemingly innocuous case of fraud can mushroom into a major theft, requiring a forensic accountant to conduct a fraud investigation and calculate the loss.

“Like so many fraud cases, the story of Mark Jenkins is a cautionary tale,”  said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides a full range of fraud investigation and fraud deterrence programs in the Delaware Valley.  “Companies need to have comprehensive fraud deterrence measures that cover employees at every level.  No employee should ever be able to manipulate documents to his or her personal advantage.  The opportunity simply should not be there.”

The story of Mark Jenkins, whose name has been changed to protect both his confidentiality and that of his former employer, begins in 1989 when Mark was named Controller of a small West Coast subsidiary of MegaGiantInternational Corporation, according to Anderson, a forensic accounting expert in Philadelphia. It was a dream job but for one thing — the starting salary was $2,000 less than Mark had asked for. He accepted the position anyway.

On his first day on the job, Mark learned that one of his responsibilities was to provide wage and salary changes to the payroll department in New York City.  There was no approval process, no signature required, no checks and balances, explained Anderson, who also is a Certified Fraud Examiner in Philadelphia.  Mark was simply to report the changes.  And so he did, reporting his own salary at $2,000 more than it really was.  Now, it really was his dream job.

Anderson, whose firm provides a full range of forensic accounting services in Philadelphia and the Delaware Valley, said the $2,000 salary bump was the only fraud Mark Jenkins ever committed at his company.  In fact, he went on to have a stellar career at MegaGiantInternational Corporation.  He rose steadily through the ranks, being promoted to Controller of a larger subsidiary in the same division; to Division Controller; to Group Controller; and finally to Group Chief Financial Officer, Anderson said.

Over his 25-year career, Mark received an average of 8% per year in salary increases and an average of 10% in annual bonuses, said Anderson, a forensic accounting expert in Philadelphia.  Additionally, the company provided a 3% 401-K match each year and also made an average 8% contribution each year for Mark to its profit-sharing plan.  In December 2014, at age 66, Mark retired.

The discrepancy in Mark’s starting salary was discovered when the company conducted a payroll reconciliation to assure Mark’s pension records were accurate, explained Anderson, a forensic accountant and Certified Fraud Examiner in Philadelphia.  A forensic accounting expert subsequently was engaged to determine the extent and impact of the fraud.

So, what did Mark’s little fraud end up costing the company?  As the accompanying spreadsheet* shows, the single largest windfall came from the excess salary the company paid as a result of wage and bonus increases compounded over 25 years — nearly $147,000.  In addition, the company paid more than $16,000 in retirement plan contributions, which, incidentally, would have grown even more as the contributions were invested.  Mark’s one-time little $2,000 fraud in 1989 had cost the company a whopping $163,000. (Click on the chart for a closer look.)

Fraud Chart for Blog #46“Clearly, the fraud deterrence measures the company had in effect in 1989 were faulty,” said Anderson, whose firm provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  “No one should be able to set their own salary in the payroll system. The company should have required the written approval of the employee’s superior.  And the payroll department should have confirmed the starting salary with the Human Resources Department.  This was a fraud that never should have happened.  It was easy to prevent.”

Anderson, a forensic accountant and Certified Fraud Examiner in Philadelphia, said that with Mark’s pension as leverage, MegaGiantInternational reached a settlement with their former employee regarding the overpayments, and his pension was adjusted to the lower numbers.

This Tale of Fraud is part of an ongoing series of articles that examine actual cases of fraud carried out in businesses, non-profits and government offices, how fraud investigations played a part in discovering the fraudulent activities, and the fraud deterrence measures that might have thwarted them.

If you require the services of a Certified Fraud Examiner in Philadelphia or any other forensic accounting services in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at  david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, fraud deterrence, litigation support, economic damage analysis, business consulting and outsourced CFO services.  Company principal David Anderson is a forensic accounting expert in Philadelphia who has more than 30 years of experience in financial and operational leadership positions and is a Certified Public Accountant, a Certified Fraud Examiner and a Certified Valuation Analyst.

*NOTE:  On the spreadsheet, all salary increases, bonuses and profit-sharing contributions have been averaged.  In actuality, the increases fluctuated with the greatest increases occurring with promotions and good operating years.

Fraud Tales: Fraud Investigation Uncovers Medicare and Medicaid Fraud

Government payments to providers under the Medicare and Medicaid programs are based on an “honor billing system,” meaning it is up to providers to honestly and accurately bill the government for services or goods provided.  Not surprisingly, fraud investigations routinely uncover fraudulent activities that cost the government billions of dollars each year.

“As a forensic accountant, I have been asked to investigate Medicare and Medicaid billing fraud both by the government and by private companies that suspected some of their employees were involved in fraudulent activities,” said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides a full range of fraud investigation and fraud deterrence programs in the Delaware Valley.  “My fraud investigations have unearthed some of the most common Medicare and Medicaid fraud schemes as well as some that were quite creative.”

Medicare is a federal government health insurance program established in 1966 to provide health insurance to people 65 and older and to certain disabled people, said Anderson, who also is a Certified Fraud Examiner in Philadelphia.  The program is funded through payroll tax deductions and administered by the federal government.  Medicaid is a government program established in 1965 to provide health insurance to low-income individuals in all 50 states, Anderson said.  Medicaid is funded jointly by the state and federal governments and administered by the states.

The so-called “honor billing system” puts the onus on healthcare providers, including durable medical equipment suppliers and pharmacies, to truthfully bill the two agencies for services and goods, said Anderson, whose firm provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  As a result, Medicare and Medicaid billing fraud generally is detected only after the fact, based either on tips from whistleblowers or after-the-fact data analysis that detects unusual billing patterns, he said.

Among the fraudulent Medicare and Medicaid schemes Anderson’s fraud investigations have uncovered are:

  • Upcoding Schemes: These frauds involve healthcare providers who  charge for a more expensive procedure than was actually performed, said Anderson, a forensic accounting expert in Philadelphia.  For example, he said, because Medicare pays more for a comprehensive annual physical exam than it does for a routine office visit, some providers will improperly bill a routine office visit as a comprehensive annual physical exam to receive the higher fee.  Or, a physical therapist may schedule a group session to provide physical therapy for multiple individuals at the same time, but bill Medicare/Medicaid for individual treatments at a much higher rate.
  • Unbundling Schemes: This fraud occurs when a group of medical tests typically billed as a single procedure are instead billed individually, thereby increasing the total fees for the tests.  An excellent example of this, said Anderson, a Certified Fraud Examiner in Philadelphia, is the Chemistry Panel and Complete Blood Count test.  This panel includes tests for cholesterol, triglycerides, blood glucose, calcium, potassium, iron, and complete blood count, as well as a number of other tests.  By performing a Chemistry Panel and Complete Blood Count but billing for each test individually, the laboratory can make a much higher fee for its services.
  • Non-existent Services Schemes: These fraud schemes occur when a healthcare provider bills for goods or services never provided, Anderson  In his work as a forensic accountant, Anderson uncovered a dentist who billed Medicaid for removing the same tooth from a patient four different times.  Another example, he said, is a gynecologist who billed for performing an internal pelvic exam on a man.  Anderson, a forensic accounting expert in Philadelphia, said Medicare and Medicaid recently have cracked down on home health care companies, for example, for providing eight hours of home health care but billing for 24 hours of care.
  • Medical Equipment Schemes: These schemes have many variations but generally involve providers who bill for new medical equipment but deliver used equipment, or who bill for equipment that was never delivered at all.
  • Prescription Drug Schemes: There also are more variations on this scheme, which include pharmacies that provide patients with generic drugs, but bill for more expensive name brands, or pharmacies that bill for a higher dosage or number of pills than was provided to the patient.

“The FBI estimated that in 2012, Medicare fraud alone cost the government as much as $250 billion for the year,” said Anderson, a forensic accountant and Certified Fraud Examiner in Philadelphia.  “Add to that the many billions of dollars lost to Medicaid fraud annually, and you can see how big a problem this is.  Hopefully, both federal and state governments will implement new procedures to reduce Medicare and Medicaid fraud in the future.”

This Tale of Fraud is another in a series of occasional posts that explores actual frauds perpetrated against businesses, non-profits or government offices and agencies and the fraud investigations that uncovered the illicit activities and, when possible, the fraud deterrence measures that could have prevented them.

If you require the services of a Certified Fraud Examiner in Philadelphia or any other forensic accounting services in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at  david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, fraud deterrence, litigation support, economic damage analysis, business consulting and outsourced CFO services.  Company principal David Anderson is a forensic accounting expert in Philadelphia who has more than 30 years of experience in financial and operational leadership positions and is a Certified Public Accountant, a Certified Fraud Examiner and a Certified Valuation Analyst.

Fraud Tales: Fraud Investigation Reveals Fraudulent Junior Partner

The senior partner at an auto dealership was a successful businessman who owned multiple businesses.  As a result, he relied heavily on his junior partner to act as the general manager of the dealership.  With the dealership running smoothly and turning a profit, the senior partner had no reason to suspect anything was amiss until a fraud investigation conducted by a forensic accountant found that his trusted junior partner had defrauded him of tens of thousands of dollars over a number of years.

“This was a classic case of fraud in that the fraud was made possible by the clear presence of the Fraud Triangle, the three key factors necessary for fraud to occur — pressure, opportunity and rationalization,” said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides a full range of fraud investigation and fraud deterrence programs in the Delaware Valley.  “The junior partner’s pressure came in the form of college tuition bills for his two sons and a wife who felt her husband was underpaid and under appreciated by the senior partner.  Opportunity came from the trust the senior partner placed in the junior partner to run the dealership and set up the necessary controls and reporting procedures.  And rationalization came when junior partner felt entitled to the illicit financial benefits because he worked so hard and his name — not the senior partner’s — was on the dealership.”

Anderson, a Certified Fraud Examiner in Philadelphia, said the junior partner actually carried out three frauds simultaneously.

The first occurred when the junior partner presented his family with expensive Christmas gifts – ATVs for each son and an RV for his wife.  He purchased the vehicles through the dealership at significant discounts not normally available to retail purchasers and then, even though they were in his possession, listed the vehicles in the dealership’s vehicle inventory, Anderson said.  The junior partner’s plan to repay the dealership evaporated when he realized after about a year that the senior partner never looked closely at the vehicle inventory, so he could just leave the vehicles listed there and never pay for them.

The second fraud occurred when the junior partner learned that some insurers cover only vehicle repairs made using cheaper after-market parts instead of genuine auto manufacturer-supplied parts.  The junior partner set up a wholesale auto parts business (essentially a small office with two delivery trucks) to buy after-market parts.  Anderson, a Certified Fraud Examiner in Philadelphia, said the fraudster then swapped those parts with the genuine auto manufacturer-supplied parts in the dealership’s inventory and sold the more expensive parts to other auto dealers and body shops, pocketing a larger profit than he could make selling the cheaper parts.  Meanwhile, the value of the auto dealership’s inventory carried on the books was higher than the actual inventory value because the books reflected the value of the more expensive parts instead of the value of the cheaper after-market parts the junior partner had fraudulently put into inventory.

The third fraud occurred when the junior partner persuaded the senior partner that used cars purchased for resale and serviced customer vehicles should be detailed instead of merely washed by the dealership, claiming he had an agreement with a local car wash to detail each vehicle for $35 (instead of its normal $75 rate).  The junior partner then purchased a nearby car wash and sent more than 100 vehicles a month to it for detailing.  The car wash billed the dealership $35 per vehicle, Anderson said, but instead of actually detailing the vehicles, the junior partner had each vehicle washed and then paid a car wash employee $5 per vehicle for cosmetic cleaning to make it appear the vehicles had been detailed.  The junior partner pocketed more than $25 on each vehicle.

“The fraud could have continued indefinitely except that a disgruntled former employee of the auto dealership tipped off the senior partner about one of the frauds,” said Anderson, a forensic accounting expert in Philadelphia who recommends that every organization enact a comprehensive fraud deterrence program developed by an experienced firm that provides forensic accounting services in Philadelphia and the Delaware Valley.

As a result of the tip, Anderson said the senior partner hired a forensic accountant to conduct a thorough fraud investigation, which not only confirmed the tip, but also uncovered the other two frauds.  The forensic accounting expert’s fraud investigation further found that the frauds could have been easily prevented by removing a key element in the Fraud Triangle – Opportunity.

“Had the senior partner engaged a forensic accountant with expertise in auto dealership operations to perform certain fraud deterrence procedures every month, the frauds would have been prevented entirely or uncovered in a much shorter period of time,” explained Anderson, a forensic accounting expert in Philadelphia who also is a Certified Fraud Examiner in Philadelphia.

The fraud deterrence measures that should have been enacted were:

  • A detailed review of certain monthly reports, such as the vehicle aging report, which indicates how long vehicles have been in inventory as well as their classification in the inventory system.
  • Surprise monthly audits/counts of selected parts in inventory, with different parts counted on a rotating basis each month.
  • Closer scrutiny of outside services/vendors to ensure that the contracted service was actually provided.

“With adequate fraud deterrence measures in place, the junior partner may never have been able to get away with a single fraud scheme, let alone three of them,” said Anderson, whose firm provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  “The opportunity simply would not have been there for him to do so.”

If your fraud deterrence measures have not been reviewed by a forensic accounting expert recently, it may be time to engage the services of a Certified Fraud Examiner in Philadelphia to analyze your company’s fraud controls and assure that they will adequately protect your company from fraudulent activity.

This Tale of Fraud article is part of an ongoing series of occasional posts that examine real cases of fraud against businesses, non-profits or government offices and the fraud investigations that revealed how the fraud was perpetrated.

If you require the services of a Certified Fraud Examiner in Philadelphia or any other forensic accounting services in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, fraud deterrence, litigation support, economic damage analysis, business consulting and outsourced CFO services.  Company principal David Anderson is a forensic accounting expert in Philadelphia who has more than 30 years of experience in financial and operational leadership positions and is a Certified Public Accountant, a Certified Fraud Examiner and a Certified Valuation Analyst.

Valuation Issues in Divorce Best Left to Forensic Accounting Experts

Determining the equitable value of a business that is at the center of a divorce case can be a tricky situation, particularly when spouses have differing opinions about what that value should be.  No doubt that is why most attorneys turn to a forensic accounting expert who has served as a marital dissolution accountant and a business valuation expert to determine a fair value for the business.

“We’ve all been in situations where we know inherently that circumstances dictate we rely on a professional with experience in the matter at hand.  Handling a business valuation in a divorce proceeding is one of those situations,” said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides marital dissolution and business valuation services in Philadelphia and the Delaware Valley.  “The spouses may not agree on the value of the business and their attorneys may have partisan opinions as well. What it boils down to educating everyone involved on how a forensic accounting expert addresses valuation issues in a divorce.”

Anderson, a Certified Valuation Analyst and marital dissolution accountant in Philadelphia and the Delaware Valley, said there are four distinct business valuation issues that surface regularly in marital dissolutions.  They are:

  • The cost of the in-spouse’s services to the business being valued (the in-spouse is the spouse who owns the business interest being valued as opposed to the out-spouse who does not have ownership in the business);
  • Personal goodwill and its impact on the business being valued;
  • The presence and impact of unreported cash sales;
  • Personal expenses charged to the business.

This article, the last of a four-part series, will explore the issue of personal expenses charged to the business.

Anderson said it is common for in-spouses to charge non-business-related expenditures to a business and just as common for them to become an issue in a divorce case.  Anderson, a business valuation expert whose company offers a full range of forensic accounting services in Philadelphia and the Delaware Valley, said a forensic accountant must analyze the expenditures and deduct them from the business’ expenses.

“I had one extreme case in which an attorney in-spouse charged his business more than $150,000 for shore house renovations that included the addition of a movie-screening room,” said Anderson, a Certified Valuation Analyst forensic accounting expert in Philadelphia and the Delaware Valley.  “The attorney claimed he needed a comfortable, presentable place to work when he visited the shore house, and that business-related visitors needed to see an upscale home office that fit his reputation.  I reduced the expenses of the business by the entire cost of the renovation.”

In another case, explained Anderson, a divorce accountant and business valuation expert who provides a full range of forensic accounting services in Philadelphia and the Delaware Valley, said the in-spouse was a wholesale distributorship owner who attended semi-annual meetings of a trade association.  The in-spouse always brought the out-spouse (because some colleagues also brought their spouses) and their two children (because they did not want to pay a babysitter).  The in-spouse charged the business for the cost of travel, hotel rooms, meals and entertainment (including tickets to amusement parks, museums, etc.) for the out-spouse and two children — the same amount that Anderson later deducted from the expenses of the business.

“There is no limit to the creativity some in-spouses will employ in justifying the personal expenses they charged to their businesses,” said Anderson.  “Most divorce accountants have heard it all.  That is not to say there are no legitimate reasons for charging seemingly personal expenses to the business.  There are.  And it is the forensic account’s job to figure out which of the expenses are justified and which are not.

This final post concludes the four-part series examining valuation issues forensic accountants consider in divorce cases.

If you are in need of a marital dissolution accountant in Philadelphia, or if you require any other services of a forensic accounting expert in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, fraud deterrence, litigation support, economic damage analysis, business consulting and outsourced CFO services.  Company principal David Anderson is a forensic accounting expert in Philadelphia with more than 30 years of experience in financial and operational leadership positions. He is a Certified Public Accountant, a Certified Fraud Examiner and a Certified Valuation Analyst.  Anderson also has served as a divorce accountant or marital dissolution accountant in Philadelphia and the Delaware Valley.

Rely on Forensic Accounting Experts to Untangle Valuation Issues in Divorce

The decision to end a marriage is a messy affair that becomes undoubtedly more complicated when the division of property includes a business that must be valued.  In these cases, determining a fair value for the business is best left in the hands of a forensic accounting expert who has experience serving as a marital dissolution accountant and a business valuation expert.

“The issues that have to be considered in a business valuation during divorce proceedings are complex and numerous,” said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides marital dissolution and business valuation services in Philadelphia and the Delaware Valley.  “It usually begins as an educational process in which the forensic accountant must explain to the spouses and their attorneys how a forensic accounting expert addresses valuation issues in a divorce.”

In general, four key business valuation issues arise repeatedly in marital dissolutions, said Anderson, a Certified Valuation Analyst and marital dissolution accountant in Philadelphia and the Delaware Valley.  They are:

  • The cost of the in-spouse’s services to the business being valued (the in-spouse is the spouse who owns the business interest being valued as opposed to the out-spouse who does not have ownership in the business);
  • Personal goodwill and its impact on the business being valued;
  • The presence and impact of unreported cash sales;
  • Personal expenses charged to the business.

This article, the third of a four-part series, will explore the issue of unreported cash sales and their impact on business valuation.

During divorce proceedings, an out-spouse will often tell the divorce accountant that the in-spouse’s business has unreported cash sales, explained Anderson, a divorce accountant and business valuation expert who provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The forensic accountant must determine if the claim is true, and, if so, the amount of the unreported sales.  This is accomplished by performing a variety of analyses, including:

  • Investigating deposits into the in-spouse’s bank and investment accounts to determine how much of the deposits were cash;
  • Analyzing the gross margin of the business (sales less cost of sales) and comparing that gross margin to industry averages; and
  • Searching for missing invoice or receipt numbers (very often the in-spouse will complete an invoice or receipt for a cash sale, but not record it on the books of the business).

Other specific analyses also may be required depending on the type of business, said Anderson, a Certified Valuation Analyst forensic accounting expert in Philadelphia and the Delaware Valley.  These analyses will allow a forensic accountant to confirm or deny the out-spouse’s claim, and, if confirmed, estimate of the unrecorded cash sales to be added to the business’ revenues, he said.

“I once had a case in which the out-spouse told me her husband kept cash from unrecorded sales in his dresser at home,” recalled Anderson, a business valuation expert whose company offers a full range of forensic accounting services in Philadelphia and the Delaware Valley.  “I actually went to the home and counted the cash in the dresser as part of my forensic investigation.”

The final post in this four-part series examining valuation issues forensic accountants consider in divorce cases will deal with personal expenses charged to the business.

If you are in need of a marital dissolution accountant in Philadelphia, or if you require any other services of a forensic accounting expert in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, fraud deterrence, litigation support, economic damage analysis, business consulting and outsourced CFO services.  Company principal David Anderson is a forensic accounting expert in Philadelphia with more than 30 years of experience in financial and operational leadership positions. He is a Certified Public Accountant, a Certified Fraud Examiner and a Certified Valuation Analyst.  Anderson also has served as a divorce accountant or marital dissolution accountant in Philadelphia and the Delaware Valley.

Forensic Accounting Experts Tackle Valuation Issues in Divorce

Marriage dissolution is never easy.  Throw in the complexity of one spouse owning a business that must be equitably valued and the complications multiply.  Fortunately, forensic accounting experts who also have served as marital dissolution accountants and business valuation experts can help unravel the complexities and help the parties reach a fair valuation of the business.

“The issues a forensic accountant will consider in these matters are not issues that people normally think about nor are they issues that are generally understood,” said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides marital dissolution and business valuation services in Philadelphia and the Delaware Valley.  “A forensic accountant must start by taking the spouses and their attorneys through an educational process so that they will understand how a forensic accounting expert addresses valuation issues in a divorce.”

There are four key business valuation issues that frequently arise in marital dissolutions, explained Anderson, a Certified Valuation Analyst who also has served as a marital dissolution accountant in Philadelphia and the Delaware Valley.  They are:

  • The cost of the in-spouse’s services to the business being valued (the in-spouse is the spouse who owns the business interest being valued as opposed to the out-spouse who does not have ownership in the business);
  • Personal goodwill and its impact on the business being valued;
  • The presence and impact of unreported cash sales;
  • Personal expenses charged to the business.

This article, the second of a four-part series, will explore the second of these issues — personal goodwill and its impact on the business being valued.

Personal goodwill is the portion of a business’s value and income that is attributable to the personal reputation, expertise or contacts of one or more of the business’s owners, according to Anderson, a divorce accountant and business valuation expert whose full range of forensic accounting services in Philadelphia and the Delaware Valley includes marital dissolution and business valuation services in Philadelphia.  This issue comes into play mostly in professional services businesses, such as physicians, attorneys, accountants, engineers, etc.

A divorce accountant must disregard personal goodwill when valuing a business because it is assumed the in-spouse’s reputation, expertise or contacts would not accompany the business if it was sold.

Anderson, a Certified Valuation Analyst who is a business valuation expert and marital dissolution accountant in Philadelphia, recalled a case in which he was asked to value an anesthesiology practice whose senior member (the in-spouse) had a stellar reputation on the east coast.

During his investigation, Anderson discovered that the practice regularly received referrals from other doctors because of the in-spouse’s widespread, excellent reputation.  Further Anderson found that the business that came from the referrals represented a significant percentage of the practice’s revenues.  As a result, Anderson a forensic accounting expert in Philadelphia and the Delaware Valley, reduced the value of the practice to reflect that the personal goodwill of this senior member was responsible for a large percentage of revenues.

“The out-spouse clearly expected that a higher value would be placed on the business,” said Anderson, whose company offers a full range of forensic accounting services in Philadelphia and the Delaware Valley.  “But so much of the practice’s business came from the anesthesiologists highly regarded reputation.  If the in-spouse left the practice or it was sold, the business would have dropped off precipitously, meaning the true value or the business was far less than it seemed.”

The next posting in this four-part series exploring valuation issues a forensic accountant must consider in divorce cases is an examination of the presence and impact of unreported cash sales.

If you are in need of a marital dissolution accountant in Philadelphia, or if you require any other services of a forensic accounting expert in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, fraud deterrence, litigation support, economic damage analysis, business consulting and outsourced CFO services.  Company principal David Anderson is a forensic accounting expert in Philadelphia with more than 30 years of experience in financial and operational leadership positions. He is a Certified Public Accountant, a Certified Fraud Examiner and a Certified Valuation Analyst.  Anderson also has served as a divorce accountant or marital dissolution accountant in Philadelphia and the Delaware Valley.

Forensic Accounting Experts Unravel Complex Valuation Issues in Divorce

Ending a marriage equitably can be a complex process when spouses and their attorneys face the daunting prospect of determining the value of a business.  In these cases, it is always a good idea to consult a forensic accounting expert who also has served as a marital dissolution accountant and a business valuation expert to help the parties reach a fair valuation of the business.

“Rarely do the parties fully understand the issues that must be considered by a forensic accountant in these matters,” said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides marital dissolution and business valuation services in Philadelphia and the Delaware Valley.  “The process often begins as an educational one in which a forensic accountant must explain to the spouses and their attorneys how a forensic accounting expert addresses valuation issues in a divorce.”

Anderson, a Certified Valuation Analyst who has served as a marital dissolution accountant in Philadelphia and the Delaware Valley, said there are four key business valuation issues that arise repeatedly in marital dissolutions.  They are:

  • The cost of the in-spouse’s services to the business being valued (the in-spouse is the spouse who owns the business interest being valued as opposed to the out-spouse who does not have ownership in the business);
  • Personal goodwill and its impact on the business being valued;
  • The presence and impact of unreported cash sales;
  • Personal expenses charged to the business.

This article, the first of a four-part series, will explore the first of these issues — the cost of the in-spouse’s services to the business being valued.

Anderson, whose company offers a full range of forensic accounting services in Philadelphia and the Delaware Valley, said he was once asked to value a one-person ophthalmology practice in which the in-spouse earned about $200,000 a year.  The out-spouse and his attorney believed the business would be valued at more than $1 million, but Anderson assigned a value of less than $150,000.

“The out-spouse and his attorney did not consider the cost of the in-spouse’s services to the practice,” said Anderson, a divorce accountant and business valuation expert whose full range of forensic accounting services in Philadelphia and the Delaware Valley includes marital dissolution and business valuation services in Philadelphia.  “If a hypothetical buyer of the practice was not an ophthalmologist, the buyer would have to hire an ophthalmologist at a cost of $180,000 a year for a person with the same level of education and experience as the in-spouse.  Hence, the annual net income of the business available to the buyer would be only about $20,000, not $200,000.

“If another ophthalmologist purchased the practice, that person would know he or she could earn $180,000 working for another practice without having to invest money in a practice.  Why would anyone spend more than $1 million to earn only an extra $20,000 per year?  They wouldn’t,” said Anderson, a business valuation expert and marital dissolution accountant in Philadelphia.  “The practice simply was not worth as much as the out-spouse thought.”

Of course, a valuation can go either way.  Anderson, who also is a Certified Valuation Analyst, was once asked to value a retail furniture business whose CEO (the in-spouse) had an annual salary of more than $1 million and whose business had annual net income of less than $50,000.  The in-spouse expected the business to be valued at about $300,000 and was shocked when Anderson valued it at approximately $3 million.

“At the time, a hypothetical buyer could hire a CEO for about $350,000 per year, not the $1 million plus salary the in-spouse was taking,” said Anderson, a forensic accounting expert in Philadelphia and the Delaware Valley.  “The $650,000 per year salary differential had to be added to the business’s bottom line, thereby resulting in a higher-than expected valuation.  These are the types of issues a divorce accountant has to consider to determine the fair value.”

Up next in this four-part series exploring valuation issues a forensic accountant must consider in divorce cases is an examination of personal goodwill and its impact on the business being valued.

If you are in need of a marital dissolution accountant in Philadelphia, or if you require any other services of a forensic accounting expert in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, fraud deterrence, litigation support, economic damage analysis, business consulting and outsourced CFO services.  Company principal David Anderson is a forensic accounting expert in Philadelphia with more than 30 years of experience in financial and operational leadership positions. He is a Certified Public Accountant, a Certified Fraud Examiner and a Certified Valuation Analyst.  Anderson also has served as a divorce accountant or marital dissolution accountant in Philadelphia and the Delaware Valley.

Fraud Investigations Identify Common Expense Reimbursement Schemes

Expense reimbursement fraud is one of the most common and pervasive types of fraud affecting companies today.  While the amount stolen by any one individual is relatively low, fraud investigations have found that the sheer number of employees committing this type of fraud can translate into a significant loss for a company.

“Many employees don’t believe that padding their expenses is immoral or illegal.  They think it is their right, as much as a paid vacation or a safe work environment is their right” said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides a full range of fraud investigation and fraud deterrence programs in the Delaware  Valley.

“Some see it as a common practice their employer overlooks because the dollar amount stolen is insignificant in the greater scope of things,” said Anderson, a Certified Fraud Examiner.  “Still others see the money they pocket as an unauthorized bonus for putting up with the hassles of business travel.  Employees have all kinds of justifications for padding their expenses, but the bottom line is that when you add it up, companies are dealt a hard blow from expense reimbursement fraud.”

The following types of expense reimbursement schemes have been identified by forensic accounting experts as those most commonly used by employees.  Following each scheme are recommendations companies can use to combat the fraud.

Air Travel

The Scheme:  Some companies allow employees to travel in first or business class or to book coach tickets that allow flight plan changes without incurring an additional change fee.  Fraud occurs when an employee buys a ticket with a personal credit card, submits the cost for reimbursement and then returns the ticket to the airline for reimbursement and replaces it with less expensive travel, according to Anderson, a forensic accountant who also is a Certified Fraud Examiner.  The employee may fly coach instead of first or business class; replace a non-change fee ticket with a less expensive ticket that carries a change fee; use frequent flyer miles; or even travel by train or car instead of plane.

Fraud Deterrence Measures:  Companies should book tickets and pay for them on a company credit card so if a ticket is returned, funds are applied to the company card instead of the employee’s card, Anderson said.  Companies also should require employees to submit boarding passes as documented proof of the expense.  A company manager well versed in boarding passes can verify the pass was actually used, he said.  And because most airlines require boarding passes be printed within 24 hours of the scheduled flight time, it is harder for employees to print a pass and then change the ticket.

Meal and Entertainment Fraud

The Scheme:  The most common fraud is for an employee to pay for meals or entertainment with cash, obtain a blank receipt from the restaurant/venue and then enter a higher amount on the blank receipt, said Anderson, a forensic accounting expert.  Another scheme involves a group of people dining together and one employee charging the entire bill to a credit card while everyone else pays cash.  The employee pockets the cash but submits the entire bill for reimbursement.  A third method is for an employee to claim a personal meal as a business expense.  Another scheme is for the employee to submit a phony restaurant receipt (available at websites such as www.salesreceiptstore.com) for an amount greater than what the employee actually spent.

Fraud Deterrence Measures:  These schemes are difficult to detect and validate because it is impossible to know where employees actually ate or what they paid, Anderson said.  But companies can require employees to use company credit cards for all charges, thereby eliminating the need to reimburse them for meal and entertainment expenses.  Companies must carefully scrutinize credit card charges to make sure employees do not charge personal expenses and also must require employees to identify the attendees and business purpose of each charge.  One other alternative that limits a company’s total meal cost is to use the per diem tables issued by the federal government and reimburse employees at the per diem rate regardless of what the actual expenses were, Anderson said.

Taxi, Parking and Tolls Fraud

The Scheme:  An employee reports having paid cash for a taxi, parking or bridge/highway tolls and failing to obtain a receipt.  Many companies allow claims up to $20 or $25 for each of these types of expenditures without a receipt.

Fraud Deterrence Measures:  The two most effective means of combating this fraud is to require use of a company credit card or to deny reimbursement without the required receipt for these expenses.  Many taxis, parking venues and toll booths produce receipts electronically now, so it is difficult for employees to claim that a receipt was not available.

The Copy of a Receipt Fraud

The Scheme:  An employee submits a copy of a receipt, keeping the original receipt or another copy of it to be submitted for additional reimbursement at a later date.

Fraud Deterrence Measures:  Companies should require employees to submit original receipts and deny reimbursement for photocopies.

“Some of these fraud schemes are actually easy to prevent,” said Anderson, a forensic accountant who recommends that every organization enact a comprehensive fraud deterrence program developed by an experienced firm that provides forensic accounting services in Philadelphia and the Delaware Valley.  “But many companies think the loss is so low that it is not worth the effort to combat it.  If they added up the ‘minor’ pilfering for each employee for the full year or multiple years, it would likely no longer be a ‘minor’ loss.”

When was the last time your expense reimbursement procedures were examined by a forensic accountant?  A forensic accounting expert from an experienced firm that provides forensic accounting services in Philadelphia and the Delaware Valley can recommend fraud deterrence measures that will strengthen your expense reimbursement measures and help prevent losses, Anderson said.

If you require the services of a Certified Fraud Examiner or any other forensic accounting services in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at  david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, fraud deterrence, litigation support, economic damage analysis, business consulting and outsourced CFO services.  Company principal David Anderson is a forensic accounting expert who has more than 30 years of experience in financial and operational leadership positions and is a Certified Public Accountant, a Certified Fraud Examiner and a Certified Valuation Analyst.

Business Valuation: Why Shares in Private Companies Are Discounted

You own 25 percent of a privately held business valued at $2 million, so it stands to reason that your investment is worth $500,000, right?  Not necessarily.  When valuing an ownership interest in a privately held company, business valuation experts must consider factors that can significantly reduce the value of your stake in the business.

“There are two key factors that can impact the value of a privately held business — lack of marketability and lack of control,” said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides a full range of business valuation and other forensic accounting services in Philadelphia and the Delaware Valley.  “Depending on the circumstances, they can pull the value down by as little as 10 percent or less to as much as 90 percent or more.  This is definitely something you want to consider if you own shares in a privately held company or are thinking about buying or selling this type of shares.”

Anderson, a Certified Valuation Analyst and a business valuation expert in Philadelphia, said lack of marketability refers to the difficulty of selling shares in a privately owned business.  While it is easy to sell shares in a publically traded company simply by contacting a stockbroker to handle the transaction, the same is not true for a privately held company, he said.

“There is no ready market for the shares of a privately held company,” Anderson said.  “Selling these shares usually requires the services of a business broker and even using a broker takes time.  Of course, the longer it takes to sell the shares, the less the value they hold because they are tying up your money.  If the shares could be sold immediately, you would have the option to reinvest the proceeds immediately.”

In addition, Anderson explained, unless the privately held business pays regular distributions or dividends, the shareholder does not receive interest or dividends on the investment while the stocks are being sold.

A business broker also is likely to require a greater commission or fee to sell shares of a privately held company than a stockbroker would charge for selling shares of a publicly held company, according to Anderson, a business valuation expert in Philadelphia and the Delaware Valley.  Finally, he said, if the  ownership stake is subject to a shareholder’s agreement, the agreement may contain additional restrictions on the sale of shares.

“A Certified Valuation Analyst must consider each of these issues to determine the amount of discount that will be applied to the shares due to the lack of marketability,” Anderson said.

Lack of control — the other key factor a business valuation expert must consider in determining the worth of a privately held business — refers to the inability of a minority shareholder to make key decisions affecting the company, Anderson said.  For example, he said, a majority shareholder can set salaries, benefits and bonuses or decide to sell part or all of the company.  A minority shareholder lacks the power to make those decisions and usually lacks the ability to compel or influence others to make them.

As a result of this lack of control, the business valuation expert will further discount the pro-rata value of the interest to satisfy the expectations of potential buyers.

“A business valuation expert must analyze the lack of marketability, the lack of control and many other factors to determine a reasonable discount and, consequently, the true value of your shares”  Anderson said.

If you require the services of a business valuation expert in Philadelphia or any other forensic accounting services in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, litigation support, economic damage analysis, business consulting and outsourced CFO services.  Company principal David Anderson has more than 30 years of experience in financial and operational leadership positions and is a Certified Public Accountant, a Certified Fraud Examiner, a Certified Valuation Analyst and a business valuation expert in Philadelphia.

Fraud Tales: Fraud Investigation Uncovers Theft in Auto Dealership

An auto dealership with a high volume of business established specific cash controls to assure that no car was delivered to a buyer until the dealership had received or accounted for all payments due from the sale.  Despite the required checks and balances, a fraud investigation found that a senior salesman was able to misappropriate cash payments from customers in excess of $25,000.

“The salesman was quite skilled in understanding how to thwart the controls and also in knowing how to cover his tracks,” said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides a full range of fraud investigation and fraud deterrence programs in the Delaware  Valley.  “But this also was a case in which the fraud deterrence measures fell short of what was needed to protect the dealership and an overworked accounting manager made mistakes that allowed the fraud to occur.”

Anderson, a Certified Fraud Examiner, said the dealership established a checklist of all payments due on a sale — customer deposits and additional payments, bank or finance company payments and manufacturer rebates.  Each salesperson was required to attach documentation for each payment (except for rebates) to the checklist, and the sales manager was required to confirm that all applicable payments were made or accounted for by signing the checklist.  Finally, the accounting department was required to reconcile all payments due from each sale.

“Each of these anti-fraud controls made sense,” Anderson said.  “They just didn’t go quite far enough.”

Salespeople at the auto dealership were required to take cash payments to the accounting manager, who would record the payment and issue a receipt, Anderson said.  The dishonest salesman — realizing that the cash receipts book was a generic one that could be purchased at any office supply store — issued his own cash receipt to customers, attached a copy of the receipt to the checklist and pocketed the cash.  When the sales manager reviewed the checklist, he would see the copy of the cash receipt and sign the checklist.

When the accounting manager performed the reconciliation — about 90 days after each sale because of the heavy workload — and found missing payments, the salesman would promise to collect the amount due from the customer.  The next day, he would turn in cash he had “collected.”  The overworked accounting manager never questioned the odd circumstances because the salesman was always able to collect the payment due, said Anderson, a Certified Fraud Examiner who recommends that every organization enact a comprehensive fraud deterrence program developed by an experienced firm that provides forensic accounting services in Philadelphia and the Delaware Valley.

The fraud was discovered only after the controller took over when the accounting manager was out sick for an extended period.  The controller discovered several customer accounts receivable over 90 days old and traced each of them back to the same salesman.  The salesman apologized for the “few unusual lapses” and promised to collect money from the customers as soon as possible.  He arrived the very next day with cash he had “collected” from five customers.  The Controller thought it strange that the sales person was able to collect the past due amounts so quickly, and that all the customers paid in cash, even one for $5,000.  The controlled expected to see checks for anything over $1,000.

Suspicious, the Controller engaged a forensic accountant to conduct a fraud investigation.  The forensic accounting expert found more than $25,000 in outstanding customer accounts receivable from sales closed by the dishonest salesman.  When questioned by the forensic accountant, the salesman admitted to having taken more than $50,000 in cash payments from customers, as well as from deposits on deals that fell through or deals that had not yet been completed.

“What the fraudster was doing was similar to a check kiting scheme,” said Anderson, a forensic accounting expert.  “He would steal the cash, then hope that the fact that it was missing was never discovered.  If it was, he returned he money.   He would delay refunds on deals that fell through by telling customers the accounting department was slow to process refunds.  He was very creative is getting a steady supply of cash and sometimes never having to repay it.”

The salesman was fired and with the help of the forensic accountant, the dealership referred the matter to local law enforcement for prosecution.

Anderson, a forensic accounting expert who also is a Certified Fraud Examiner, said the company could have avoided the theft by making three minor changes in its fraud deterrence measures.  First, the company should have spent a few extra dollars to order cash receipts imprinted with the company logo and with a unique numbering system instead of using generic receipts.  Second, the checklist should have required that the accounting department confirm that cash receipt number was one they issued.  Third, the accounting department should have been required to complete all payment reconciliations within one week of the sale and to report any exceptions to the controller for immediate handling.

Does your fraud deterrence program have loopholes that could make your company vulnerable to fraud?  A Certified Fraud Examiner from an experienced firm that provides forensic accounting services in Philadelphia and the Delaware Valley can identify weaknesses and recommend strengthened fraud deterrence measures to help protect your company, Anderson said.

This Tale of Fraud article is the fifth in a series of occasional posts that examine actual cases of fraud against businesses, non-profits or government offices and the fraud investigations that uncover how the fraud was perpetrated.

If you require the services of a Certified Fraud Examiner or any other forensic accounting services in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at  david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, fraud deterrence, litigation support, economic damage analysis, business consulting and outsourced CFO services.  Company principal David Anderson is a forensic accounting expert who has more than 30 years of experience in financial and operational leadership positions and is a Certified Public Accountant, a Certified Fraud Examiner and a Certified Valuation Analyst.

Recovering from Disaster with the Help of a Forensic Accounting Expert

Hurricanes.  Tornadoes.  Floods.  Blizzards.  Fires.  When disaster strikes, companies often rely on business interruption insurance to cover lost profits and extra expenses incurred as a result of the catastrophe.  They also often rely on a forensic accounting expert to guide them through the complex process of calculating lost profits and filing the necessary economic damage claim.

“The aftermath of a disaster is a trying time for any business,” said David Anderson, principal of David Anderson & Associates, a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware  Valley, including development, implementation and management of  comprehensive contingency and disaster recovery plans.

“Amid the turmoil, determining how to calculate lost profits, analyzing the extra expenses and assuring the insurance claim is properly filled out are responsibilities best left in the hands of a forensic accounting expert.”

Anderson said that in order to make an economic damage claim, a forensic accountant must calculate what the business profits would have been during the business interruption period had the disaster not occurred and then compare that with the actual profits of the business during the same period.  The difference represents the company’s lost profits.

The four most commonly used methodologies for calculating lost profits are the Before and After method, the Sales Projection method, the Yardstick method and the Market Model method, said Anderson, who provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.

  • The Before and After method determines whether pre-disaster profits were growing, declining or level in order to calculate what the profits would have been during the business interruption period. The forensic accountant then compares these profits with the actual profits after the disaster occurred.
  • The Sales Projection method relies on forecasts and budgets the company had for the business interruption period, analyzes the past accuracy of forecasts and budgets, and calculates lost profits based on the analysis.
  • The Yardstick method usually applies to businesses with little history (for example, a company that started business a month before the disaster). Under the Yardstick method, the forensic accountant analyzes profits of companies in the same industry to calculate lost profits.
  • The Market Model method typically is reserved for companies large enough to have a measurable share of their local or national market (for example, one of the Atlantic City casinos that was affected by Hurricane Sandy). Under the Market Model method, the forensic accountant compares the overall market share of the company before the disaster to the market share during the business interruption period to calculate the company’s lost profits.

Anderson, a forensic accounting expert in Philadelphia and the Delaware Valley, said forensic accountants also work to identify and calculate the extra expenses the company incurred to recover from the disaster.  For example, he said, qualified extra expenses might be cleanup costs or the cost to re-enter lost computer data.

A forensic accounting expert also can assure that a company’s business interruption claim does not include disallowed items.  Anderson said that when an F2 tornado destroyed one of his client’s corporate headquarters and primary warehouse, the company continued to pay employees during the two weeks it took to relocate to a temporary facility, even though most employees stayed home or worked only part time.

The company included the wage payments in their economic damage claim, but Anderson discovered that the policy covered only wages for actual work performed. As a result, the client adjusted the claim.  Had they not done so, Anderson said, the insurance company would have disallowed the expense and required the company to revise the claim, causing payment to be delayed.

Anderson, whose company offers a full range of forensic accounting services in Philadelphia and the Delaware Valley, recommends that companies consult with a forensic accounting expert to assure that their business has a comprehensive contingency and disaster recovery plan in place before misfortune occurs.

“Recovering from a disaster can be very difficult and very stressful,” said Anderson.  “Forensic accountants can help companies prepare for the worst.  And should disaster strike, your forensic accountant can lessen some of the pain by guiding you through the complex process of filing a business interruption claim.”

If you require a forensic accounting expert in Philadelphia and the Delaware Valley, please contact the Philadelphia forensic accounting firm of David Anderson & Associates by calling David Anderson at 267-207-3597 or emailing him at david@davidandersonassociates.com.

About David Anderson & Associates

David Anderson & Associates is a Philadelphia forensic accounting firm that provides a full range of forensic accounting services in Philadelphia and the Delaware Valley.  The experienced professionals at David Anderson & Associates provide forensic accounting, business valuation, fraud investigation, fraud deterrence, litigation support, economic damage analysis, contingency and disaster recovery planning, business consulting and outsourced CFO services.  Company principal David Anderson is a forensic accounting expert in Philadelphia with more than 30 years of experience in financial and operational leadership positions. He is a Certified Public Accountant, a Certified Fraud Examiner and a Certified Valuation Analyst.