AICPA National Forensic Accounting C f F dLiti …AICPA国家司法会计C f f dLitiu2026.pdfVIP

AICPA National Forensic AccountingAICPA National Forensic Accounting CCCCononfffference onerence on FFFFrauraudddd LitiLitiLitiLitigagatitititionon SSSServerviiiicesces The Role of the CPA and Expert in Alternative DisputeDispute ResolutionResolution Shawn Aiken September 25, 2008 The Context: The Vanishing Civil Trial  The number of federal court civil trials has fallen.  Anecdotal evidence suggests the same in state court.  Result: arbitration and mediation have become more important. Forms of Alternative Dispute Resolution (ADR)  Mediation: voluntary, non-binding, resulting in agreement.  AArbibitratiion: volluntary, bibindiding, resulltiing iin an awardd.  Attack on arbitration award: rare and almost never successffull. BButt, miisttakkes hhappen. SSee thithis recentt franchise termination case.1 Your Role: Persuade by Teaching  Independence.  Fair consideration of the data.  Arbitrators and mediators want (and need) your help. Formal Roles of the Expert in ADR  Mediation:  Few lawyers prepare for mediation.  Submit your confidential report to the mediator.  Arbitration:  Consulting expert?  Testifying expert?  Difference: will you testify?2 Independence  Engagement  Work  AICPA Special Report 03-1 Credibility 1. Review and rely on proper underlying data. Credibility (cont’d.) 2. Conform with learned treatises and the law.  For example, only net profits only are recoverable, not gross profifits wiithhout ddedductiion off expenses.  Some cases hold that fixed overhead expenses shhouldld nott bbe ddedducttedd iin callcullatiting llostt profitfits. BBe ready to take a position and explain “fixe