Remote Investigation: Inside and Out

Nov 14, 2022 11:30am ‐ Nov 14, 2022 12:45pm

Identification: FVC2212

Dealing with matters of i) corporate governance, ii) unauthorized transactions, iii) whistleblower claims, and iv) related party transactions. The learning points will include: Remote interviewing Online investigative practices Value-added services Professional practices and ethical standards Dealing with company boards and investors • Changes in risks emanating from the evolving hybrid workplace environment • The importance of whistleblower hotlines in today’s remote workplace environment / corporate governance models • The receipt, review and interpretation of anonymous tips from whistleblower hotlines • Developing and executing effective investigation plans from tips received through whistleblower hotlines, particularly in the shifting ‘paperless’ workplace environment • Protections afforded to whistleblowers and ramifications to organizations for retaliatory actions • Case studies of how whistleblower hotlines have helped organizations mitigate fraud risk while increasing communication and transparency

Learning Objectives:
  • Assess issues in the client's circumstances.
  • Formulate a plan for addressing i) specific concerns articulated, ii) regulatory risks, and iii) conducing an investigation into potential ethical breaches

When Valuation Experts Disagree (Panel)

Nov 14, 2022 1:45pm ‐ Nov 14, 2022 3:00pm

Identification: FVC2215

Best practices when you are the 3rd appraiser or an expert in a litigation matter. How to identify the key differences and most importantly, the impact from differences and the best manner in which to communicate those differences.

Learning Objectives:
  • Identify the sources and impacts from differences in valuations between experts
  • Analyze best practices in modeling and communicating said differences

Watching How the Sausage is Made: From Retention to Report Issuance and Everything In Between

Nov 14, 2022 1:45pm ‐ Nov 14, 2022 3:00pm

Identification: FVC2213

Interactive session with attorney and FVS professional. Discussion points include (1) retention of expert (attorney v. client), (2) discovery demands and process, (3) client meetings and subsequent interactions, (4) who stays on top of whom (lawyer leading or forensic leading), (5) business owner interviews (attendance, selecting appropriate stage in litigation, format and reliance on information), (6) preliminary schedules (when does an expert have “enough” to “start a negotiation process"), (7) practice management (billing and collecting of fees).

Learning Objectives:
  • Recognize how to collaborate with an attorney to employ a successful engagement strategy
  • Identify the roles and responsibilities of attorney versus FVS professional
  • Recall practice management tips for billing and collecting of fees

Conducting a Large-Scale Investigation During a Pandemic

Nov 14, 2022 1:45pm ‐ Nov 14, 2022 3:00pm

Identification: FVC2214

This large internal fraud investigation commenced upon receipt of an anonymous complaint indicating that senior management of the company was inappropriately involved with a number of vendors and asking that accountants look into how much money had been paid to these undisclosed related parties. This letter triggered the initiation of a large international investigation involving the creation and utilization of a multitude of related party companies, which had received huge payments from the company. This ongoing investigation was made more complex because the company and its publicly traded parent were audited by separate big accounting firms.

Learning Objectives:
  • Apply the skills used to conduct large-scale internal investigations.
  • Determine the process for gathering the necessary documents.
  • Identify interviewing techniques, made more difficult due to the pandemic restrictions.
  • Analyze the challenges related to “shadow audits” by audit firms during investigations.

So You Want to Get into Bankruptcy? What CPAs Need to Know for Financial Advisor Success

Nov 14, 2022 1:45pm ‐ Nov 14, 2022 3:00pm

Identification: FVC2216

Using two extraordinary case studies, your panel of seasoned Chapter 11 Financial Advisors will steer you through their recent work for the Easterday Ranches Chapter 11 Unsecured Creditors Committee, at a loss of $250 million (and 180,000 missing cattle), the largest cattle fraud case in U.S. History; and shine some sunlight on the $2 billion Ponzi scheme DC Solar Chapter 11s, the biggest fraud case in the history of the DOJ Eastern District of California, generating a 30-year prison sentence for the principal and six other plea agreements—including the company’s outside CPA.

Learning Objectives:
  • Identify The Different Roles of the Financial Advisor in Chapter 11 cases: Pre-Bankruptcy, Post-Petition and Post-Confirmation.
  • Recognize Waterfall of Potential Clients: Debtor, official and ad-hoc creditors committees, the lenders, a significant creditor; class action plaintiffs; the chapter 11 trustee, the chapter 7 trustee, the examiner, government agencies and liquidating trustee.
  • Distinguish Soft Skills for Success: The importance of understanding the case situation and environment and style-shifting for your client, attorneys, stakeholders, and the court.
  • Recall How the Financial Advisor Supports the Attorneys: Developing case strategies and theories; forensic investigations and financial analysis; valuation fights; technical accounting and tax advice; declarations and expert witness; mediations.
  • Indicate The Role of the Financial Advisor in “SubCon” and 2004 “Fishing Expeditions”: Unique to bankruptcy, how related entities become a single debtor and why a 2004 Exam is not your everyday deposition.

Using Advanced Analytics, Visualization, and Statistics to Identify Bid-Rigging in the Public Sector

Nov 14, 2022 1:45pm ‐ Nov 14, 2022 3:00pm

Identification: FVC2217

Using a case study of the Charbonneau Commission in Quebec, I explain how we used advanced analytics including correlation analyses and regressions, as well as best practice visualization techniques and other statistics to identify vendors who had been colluding to win contracts at an inflated price. I will also cover how conventional techniques such as applications of Benford’s Law can be modified in order to identify actual fraudulent behaviour rather than yielding a significant amount of false positives (or false negatives).

Learning Objectives:
  • Identify the link between local laws and related analytics that can be performed
  • Compare different cases of collusion and corruption
  • Analyze statistical techniques and their impact: Correlations, Regression, etc.

Preventing Fraud through Restructuring Internal Controls

Nov 14, 2022 3:25pm ‐ Nov 14, 2022 4:15pm

Identification: FVC2218

Developing techniques to stop fraud before it starts through education, ethics training, and preventative measures.

Learning Objectives:
  • Identify why properly designed and executed internal controls are important to a company
  • Recognize how to communicate the need for properly designed and executed internal controls to others in the company
  • Select the best current internal controls methods
  • Recall tips on how to implement proper internal control methods

An Exploration of Reliance Damages

Nov 14, 2022 3:25pm ‐ Nov 14, 2022 4:15pm

Identification: FVC2219

So you've been hired to testify about damages. But, the alleged harm involves a misrepresentation and your client's claim is that he/she would not have proceeded with the agreement. Should you calculate lost profits? If not, what should you do? This session will explore these questions and provide insights about reliable ways to present reliance damages.

Learning Objectives:
  • Determine when reliance damages apply.
  • Differentiate alternative methods of computing reliance damages.
  • Analyze reliance damages for rebuttal purposes.

Deferred tax considerations in valuation of Real estate and Marketable Securities Entities

Nov 14, 2022 3:25pm ‐ Nov 14, 2022 4:15pm

Identification: FVC2220

In real estate and Marketable Securities entities, we start with the Fair market value of the individual real estate and securities to estimate the value. However, if two different entities have different cost basis, it can have a dramatic impact on the after-tax cash flow for the investment. This presentation will discuss how this can impact the value of a gift in a real estate entity and how it can be factored into a valuation.

Learning Objectives:
  • Analyze the impact tax has on the after-tax proceeds of a real estate or marketable securities entity
  • Identify different ways to factor the tax implications into the value of a minority interest

Moving on-chain: Unwinding the Complexity of Crypto

Nov 14, 2022 3:25pm ‐ Nov 14, 2022 4:15pm

Identification: FVC2221

The wild world of crypto - including NFTs, crypto assets, stablecoins, smart contracts – has introduced a new class of digitally-based assets that continue to cause a stir for professionals, regulators, and litigators alike. Understanding, and reconciling, how “on-and-off chain” data works together will be increasingly important to address many unanswered questions such as crypto-based accounting, asset classification, appropriate regulation, and policy development.

This panel will explore the latest in the digital asset space, from OFAC-sanctioned crypto code to government investigations, and present considerations for those interested in learning about this rapidly-evolving industry.

Learning Objectives:
  • Recall the basics of digital assets
  • Identify cryptocurrency regulation
  • Analyze distributed ledger technology
  • Recognize cryptocurrency litigation