Showing posts with label forensic audit. Show all posts
Showing posts with label forensic audit. Show all posts

Friday, January 3, 2020

Forensic auditors in a fix over Data Protection Bill



     The Personal Data Protection Bill,2019 states that "Personal Data shall not be processed unless on the consent given by the data principal at the commencement of its processing". Also the Bill says that Personal Data cannot be processed by anyone, expect for any clear, specific and lawful purpose.
     This Bill has opened up new challenges for forensic auditors who want access to personal data like bank details, emails, health and medical insurances etc, for the auditing purposes. Forensic auditors,who does forensic audit carry out investigation of the auditee company's records including hard drives, laptop and desktop computers as well. The hard drives might contain both personal and official information. The forensic auditors need to skim through to find out what they actually require. The Personal Data Protection Bill prohibits this. 
     According to the Bill, the person whose data is used has to give explicit permission for each use and that the Burden of proof that consent has been sought from the person for use of his or her data lies with the person processing the data, making the forensic auditors more liable.
    It is said that that a formal consent may affect the element of secrecy in the process. Moreover auditors warn about a lot of issues that might arise under the proposed Data Protection Bill. This Bill pose a hindrance to the forensic auditing process and it is said that the hindrance to the Forensic Audit may affect the ethical ecosystem of the company as a whole

Wednesday, December 18, 2019

Forensic audit a new normal for fraud-hit India Inc.


What is forensic audit?

A forensic audit is an examination and evaluation of a firm’s or individual’s financial records to derive evidence that can be used in legal proceedings. A forensic audit may be conducted to prosecute a party for fraud, embezzlement, or another criminal behavior.
                          
                    With the rise in the money laundering and other cases, RBI has made forensic audit mandatory for large advances and restructuring of accounts. A lot of companies are reaching the audit firms to seek extra comfort through extended procedures. The forensic auditors requires analysis financial transactions and other information’s related to the investment for use in court of laws. And the reports produced by them are typically presented in the court of laws as financial evidence against the frauds.

In the last two years, EY India has taken up seven to eight “large engagement” to set up forensic frame work within the company. “This action was taken because of the suggestions or the complaints received from the people towards preventing the frauds,” said Yogen Vaidya, Partner, Forensic & integrity services, EY India. There are some specific steps that the auditors and companies are taking for risk mitigation: upgrading control mechanism, using ‘heat map’ to find areas of concerns, process mining to spot deviations, extensive back ground checks, setting up whistle- blower hotlines, all these kinds of actions taken by the different audit firms used to fight the frauds.

Companies engage forensic auditors to answer specific questions. Banker ask questions about trail of money, whereas government may ask restated financial statements. Hence there is no standard format for forensic audit report. Forensic auditors must provide the requested information and provide sufficient evidence to be presented in courts.

Cutting across sectors, infrastructure to oil and gas to mining, companies are looking for audit services that go beyond what’s normal and commonplace. Checking the background information of the senior executives or other personalities would help them to understand whether they are fits into the culture and management of the company. While multinationals were already doing it, increasingly many Indian promoter driven companies as well as IT and ITeS firms are going for checks beyond managerial levels.

The famous multinational service network Deloitte launched a product to mine and study end to end processes, thus pointing at deviations. The idea was to combat fraud through use of technology. By the introduction of the Insolvency and Bankruptcy code (IBC) demand for forensic audit has gone up among independent directors, banks and resolution professionals.

To summarize, a forensic audit is a detailed engagement that requires the expertise of not only accounting and auditing procedures but also expert knowledge regarding the legal framework. A forensic auditor is required to have an understanding of various frauds that can be carried out and of how evidence need to be collected.