Exam 16: Remediation and Litigation Advisory Services

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The fraud examiner or forensic accountant should understand that the opposing lawyer will NOT:

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Remediation is characterized as the steps necessary to "clean up the mess" after a fraud or financial crime has been discovered and investigated, and the results of the investigation have been reported.

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What is a deposition and why is it used?

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The function of a deposition is to:
•Gather testimonial and documentary evidence from witnesses
•Limit the scope of what witnesses may say when the actual trial occurs
•Test or confirm theories and hypotheses
•Develop a record under oath and thereby "freeze" a witness's testimony
•Evaluate the credibility and persuasiveness of the witness as well as their work, conclusions, and opinions
•Move the case toward settlement or trial
•Compare the deposition testimony to prior statements and statements made by other witnesses
•Test the expert witness's report

What are the types of losses available for recovery?

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At a minimum, corporate governance should address this issue:

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The control environment also excludes:

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Corporate governance is the set of processes, customs, and policies that affect the way an organization is directed.

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What is meant by corporate governance and why is it important?

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Once illegal money has been combined with money from legitimate sources, one can no longer follow the money; the money can't be traced.

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How does the legal system differentiate between "following" versus "tracing' the money?

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What is the difference between fact witnesses and expert witnesses?

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The Frye Rule makes an opinion inadmissible even if that opinion has general acceptance in the scientific community.

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Forensic accounting is the use of accounting for possible courtroom purposes.

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This is an unusual paragraph. I'm curious how quickly you can find out what is so unusual about it. It looks so plain you would think nothing was wrong with it. In fact, nothing is wrong with it! It is unusual though. Study it, and think about it, but you still may not find anything odd. But if you work at it a bit, you might find out. Try to do so without any coaching! What is unusual about this paragraph?

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What two points must an injured party prove to recover money in a civil lawsuit?

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In contrast to a fact or lay witness, an expert witness is one who, by virtue of education, profession, publication, or experience, is believed to have special knowledge of his or her subject beyond that of the average person, sufficient that others may officially and legally rely upon the opinion.

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A deposition is a post-trial process by which the parties to a civil litigation are allowed to examine the other side's fact witnesses and expert witnesses.

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In what types of cases may a forensic accountant serve as an expert witness?

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Plaintiffs and victims have a number of possible legal mechanisms available to recover assets either through the civil or criminal justice system with the exception of:

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Presenting a positive appearance can bolster credibility. Aspects of a positive appearance EXCLUDE:

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