Forensic Accounting for Divorce Engagements : a Practical Guide
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University of Mississippi eGrove American Institute of Certified Public Guides, Handbooks and Manuals Accountants (AICPA) Historical Collection 2009 Forensic accounting for divorce engagements : a practical guide Ezra Huber Donald A. Glenn Follow this and additional works at: https://egrove.olemiss.edu/aicpa_guides Part of the Accounting Commons, and the Taxation Commons FORENSIC ACCOUNTING for DIVORCE ENGAGEMENTS A Practical Guide • Third Edition Ezra Huber, JD Donald A. Glenn, cpa ABV, CVA, CFE, CFF FORENSIC ACCOUNTINGfor AM E RIC Divorce engagements A A Practical Guide • Third Edition N I NSTITUTE OF C ERT IFIED P UBLIC AC C OUNT A NTS ® Ezra Huber, JD 2538-356 Donald A. Glenn, CPA ABV, CVA, CFE, CFF 00-FAD Front Matter.qxp 3/30/09 2:35 PM Page ii Notice to Readers Forensic Accounting for Divorce Engagements: A Practical Guide, Third Edition presents the views of the auth- ors and others who helped in its development. This publication has not been approved, disapproved, or oth- erwise acted upon by any senior technical committees of the American Institute of Certified Public Ac- countants. Therefore, the contents of this publication, including recommendations and suggestions, have no official or authoritative status. Copyright © 2009 by the American Institute of Certified Public Accountants, Inc. New York, NY 10036-8775 All rights reserved. For information about the procedure for requesting permission to make copies of any part of this work, please visit www.aicpa.org. A permissions request form for e-mailing requests and information on fees are available there by clicking on “AICPA Privacy Policy and Copyright Information” at the foot of the AICPA homepage. 1 2 3 4 5 6 7 8 9 0 PP 0 9 ISBN: 978-0-87051-794-5 00-FAD Front Matter.qxp 3/30/09 2:35 PM Page iii About the Authors EZRA HUBER, JD Ezra Huber is an admitted attorney in New York and California and has over 20 years’ experience in the field of financial and asset protection planning. He is a prolific author of books and arti- cles, and is a frequent speaker on a wide variety of financial and legal matters throughout the country. His publications include the first and second editions of Forensic Accounting for Divorce Engagements: A Practical Guide, upon which this current work is based. DONALD A. GLENN, CPA/ABV, CVA, CFC, CFF Donald A. Glenn is a Certified Public Accountant, Accredited in Business Valuation by the American Institute of Certified Public Accountants (AICPA), Certified Valuation Analyst, Certified Fraud Examiner, and Certified in Financial Forensics by the AICPA, with over 30 years’ experience. He is a partner with Glenn & Dawson, LLP, in Walnut Creek, CA. (www.forensic cpa.com). He is frequently a court-appointed expert in the California Superior and Federal Bankruptcy Courts. Mr. Glenn was the founding chair of the California Society of CPAs’ Family Law Section and author of the California Society of CPAs’ Family Law Workshop course. He is a member of the national standards committee of the National Association of Certified Valuation Analysts, and has served on the national board of directors of the Institute of Management Accountants and the state board of directors of the California Society of CPAs. Mr. Glenn also served on the techni- cal review panel and as an expert for the California Board of Accountancy. Mr. Glenn is a nationally known lecturer to judges, attorneys, CPAs, and other groups on foren- sic accounting and has written numerous articles. He was the first recipient of the California Society of CPAs’ Family Law Section’s “Distinguished Service Award” for his contributions to family law forensic accounting. Comments or questions regarding the subject matter of this book may be forwarded to Mr. Glenn at his e-mail address at [email protected]. 00-FAD Front Matter.qxp 3/30/09 2:35 PM Page iv 00-FAD Front Matter.qxp 3/30/09 2:35 PM Page v Contents Introduction . xi Highlights of This Third Edition to Forensic Accounting for Divorce Engagements . xi Chapter 1 The Role of Forensic Accounting in Divorce . 1 The Setting . 1 Expectations of a Forensic Expert . 3 Establishing Professional Relationships With Matrimonial Attorneys . 3 Engagement Considerations . 4 Conflicts of Interest and Bias . 4 Cooperation of the Parties . 5 Location . 5 Appropriate Skills and Experience . 5 Definition of Services . 6 Who’s the Client . 7 Engagement Letter . 7 Engagement Letter and Retainer Agreement . 7 Case Coordination with Attorney and Client . 9 Summary . 9 Chapter 2 Matrimonial Actions and Property Characterization and Division: Understanding the Process . 11 Introduction . 11 Property Rules Differ in Various States . 11 Basic Matrimonial Litigation Procedure . 13 The Preliminary Phase of the Lawsuit . 13 Discovery . 15 A Forensic Accountant’s Role in the Courtroom . 17 General Provisions . 17 Testifying . 18 Depositions . 23 Valuation, Characterization, and Division of Marital Property . 23 Marital Agreements . 24 Prenuptial Agreements . 24 Standard of Conduct Between Spouses . 24 Trusts and Estates . 24 Summary . 25 Chapter 3 Introduction to Marital Fraud . 27 Introduction . 27 Marital Fraud . 27 Why Spouses Commit Fraud . 27 Standard of Conduct Between Spouses . 28 Badges of Fraud . 28 Behavior Indicators . 28 Lifestyle Issues . 29 Diverted or Hidden Income . 29 v 00-FAD Front Matter.qxp 3/30/09 2:35 PM Page vi vi Forensic Accounting for Divorce Engagements: A Practical Guide, Third Edition Inappropriate Transfers . 30 Business . 30 Others . 32 The Wild Goose Chase . 32 Chapter 4 How to Investigate Business Assets . 33 Introduction . 33 The Role of the Forensic Accountant in Evaluating the Business . 33 Overview of Different Types of Business Entities . 34 Beginning the Investigation . ..