Forensic Accounting and Financial Statement Fraud, Volume I by Dr. Zabihollah Rezaee

Author:Dr. Zabihollah Rezaee [Dr. Zabihollah Rezaee]
Language: eng
Format: epub
Publisher: Business Expert Press
Published: 2019-04-02T16:00:00+00:00

Court Systems

Forensic accountants investigate forensic cases including alleged fraud incidents, perform forensic analyses, gather sufficient, competent, and persuasive evidence, reach conclusions, and testify to their findings in compliance with applicable laws, rules, regulations, and guidelines including court deliberations. Thus, forensic accounting practices are influenced by court guidelines. Forensic accounting services of expert witnessing, fraud investigation, and litigation consulting among others require application of specialized knowledge and investigative skills in gathering, analyzing, and evaluating evidential matters, ascertaining their compliance with a set of guidelines, and interpreting and communicating findings in the courtroom, boardroom, or other legal or administrative venues that are suitable for use in a court of law.1

There are many court systems in the United States, including the federal court system and 50 state court systems with their own structures and procedures.2 Legal cases and forensic accountants’ investigation of these cases often start at a lower court and may advance to a higher court and possibly the federal court system. Thus, forensic accountants in performing fraud, litigation, valuation, and expert witnessing services among others should be familiar with all state and federal court systems. In general, there are two types of court systems, state courts and federal courts. Many of investigative and legal issues are initiated and resolved in state trial courts that could be city or municipal courts, county or circuit courts, or regional trial courts. These state trial courts can address different types of cases with limited jurisdiction or specific jurisdiction. Lower court decisions can be appealed and be retailed by a higher-level court of appellate courts and/or further be heard by the state Supreme Court. The state Supreme Court decisions are final with a state court system and can be appealed to the U.S. Supreme Court. Court systems in the United States based on their structure and hierarchy are Supreme Court, District Courts of Appeal, Circuit Courts, and County Courts.

Federal courts are typically divided into districts and circuits with at least one federal district court in every state, whereas federal circuit courts include more than one district. The U.S Supreme Court is the highest level of federal courts and its legal interpretations are the ultimate court decisions. The nine justices of the U.S Supreme Court are nominated by the president, approved by the U.S. Senate, and tenured until they resign or die. Forensic accountants should understand and follow the judicial processes and decisions of the legal system in the United States, which is based on the adversarial process. This adversarial process dictates that all parties in a legal dispute have an equal opportunity to present their case to a neutral jury or judge, with an equal chance to win subject to the same set of rules to ensure the fairness of the process.

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