Accounting Investigations & Performance Fraud
JMW can provide pertinent and timely advice for individuals and businesses on any issues that can arise regarding accounting investigations and performance fraud. The consequences of corporate fraud investigations can be significant, but our experience with forensic accounting, financial fraud law and regulatory investigations puts us in a strong position to support your defence.
We are highly experienced in this highly intricate area of law and can provide the expert assistance you need if you are the subject of an investigation by the Association of Chartered Certified Accountants (ACCA) or the Institute of Chartered Accountants in England and Wales (ICAEW).
To speak to an expert solicitor about forensic accounting investigations or performance fraud, call JMW on 0345 872 6666 or fill in our online enquiry form and a member of the team will get back to you.
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Our Services
JMW provides various services for businesses accused of any accounting wrongdoing or performance fraud. For instance, we can:
- Provide written and oral representations to the required professional body
- Take part in settlement discussions
- Prepare responses to ACCA or the ICAEW
- Provide representation at disciplinary hearings
- Respond to information requests
Performance fraud can involve the manipulation of results to achieve key performance indicators (KPIs). KPIs are used by many businesses to drive results, and their introduction may motivate some people to try and manipulate the figures. If your business has been accused of such manipulation, we can provide the legal assistance you need to help fight the charges levelled against you.
Why Choose JMW?
At JMW, our accounting investigation solicitors have the experience and knowledge to help you best defend yourself or your business against any allegations of financial crimes or other wrongdoing. Our professional, diligent approach will involve careful analysis of all evidence provided to us, which, combined with your instructions, will enable us to build the strongest possible defence.
We have well-established links with expert forensic accounting services in this field, who can help with the identification of the actual 'evidence'. Consideration needs to be given on how best to resolve matters of this nature by putting the needs of the client first, and we can provide initial advice at this stage. These are complex financial investigations, and you need a solicitor with a dedicated, thorough approach to protect yourself, your business and your reputation.
If you are the subject of an investigation, JMW will provide advice and assistance throughout the proceedings, ensuring you are well-positioned to respond to the allegations as best you can and allowing you to get on with the day-to-day running of your business. We have extensive knowledge of this area of the law and a track record of success in defending individuals accused of related offences.
FAQs About Accounting Investigations
- What is an accounting investigation?
An accounting investigation involves a detailed examination of financial records, processes, and transactions to identify discrepancies, irregularities, or potential breaches of the law or specific regulations. This can also include fitness to practise investigations, which seek to determine whether someone is competent, ethical, and suitable to continue in their profession.
These investigations can be carried out for various reasons, including if a law enforcement agency suspects a business of financial mismanagement, compliance issues or fraud. Investigations are typically conducted by forensic accountants, auditors, or regulatory authorities, although this depends on the nature and purpose of the investigation.
Unusual or unexplained financial transactions, reports of misconduct from whistleblowers or discrepancies found in routine audits can all trigger an investigation, which could range from a review of specific transactions to a comprehensive audit of all financial activities.
There are many investigative techniques that may be employed, depending on the organisations involved and the forensic accounting services they use. These could include:
- Data analytics
- Tracing funds using asset-tracing techniques to detect any misuse or diversion
- Reviews of financial statements, bank records, and supporting documents
- Identifying concealed activities
- Comparing records against industry norms or benchmarks.
If financial misconduct or misrepresentation are detected, this can result in legal issues and reputational damage for a business. Our solicitors have considerable experience in advising companies on their compliance with the generally accepted accounting principles and can work closely with you to prepare a defence. We can also demonstrate your fitness to practise and help you retain your status as a qualified professional.
- How long does an accounting investigation take?
The duration of an accounting investigation depends on its financial complexity and scope, along with the availability of records. Simple investigations focusing on specific transactions may take a few weeks, while comprehensive reviews involving multiple years' worth of financial data or suspected large-scale fraud can take several months or even years. The cooperation of parties involved and the need for legal or regulatory approvals can also affect the timeline and, if there are allegations of financial crimes or misconduct, a criminal prosecution may follow. Your solicitor can discuss your situation and advise you on a realistic timeline based on your individual circumstances.
- What is the role of an accounting investigation solicitor?
If you are subject to an investigation by the ACCA, the ICAEW or any other professional body, you should consult an accounting investigation solicitor about your legal options. Our team can monitor your compliance with the relevant laws and regulations, such as the Companies Act 2006, anti-money laundering rules, and financial reporting standards, to identify potential legal liabilities. From there, JMW will advise you on improving internal controls and compliance practices to minimise the risk of future issues. We can also assess risks based on financial irregularities or breaches uncovered by forensic accountants.
While you are under investigation, we will communicate with forensic accountants, auditors, and regulatory authorities on your behalf, and make sure the investigation is conducted lawfully. This is an important element of safeguarding clients' rights, whether they are organisations or individuals, during an investigation and any subsequent legal proceedings.
If the investigation leads to legal disputes, criminal charges, or regulatory actions, a solicitor can represent clients in court or tribunal proceedings, and sometimes help to resolve disputes through negotiations, mediation, or settlement agreements. We will always aim to secure the best possible outcome for our clients, based on your specific circumstances.
Talk to Us
Forensic accounting investigations can be very serious, and it is vital to seek expert opinions from experienced solicitors as part of your defence. Find out more about JMW's services and how our team can assist you by speaking to our expert solicitors today. Simply call us on 0345 872 6666 or complete our online enquiry form and we will call you back.
