Law Times

PAGE 10 FOCUS July 26, 2010 • law Times Certified fraud examiners get the edge Few lawyers opting for designation that offers new business opportunities BY JUDY VAN RHIJN For Law Times A s demand for certifi ed fraud examiners con- tinues to grow, lawyers with a few years of professional expertise in that area might consider adding the designa- tion to their academic record. In doing so, lawyers can take the opportunity to expand their talents and their network- ing opportunities. Th ere are two accreditation exams available in Canada. An international designation is of- fered by the Association of Cer- tifi ed Fraud Examiners (ACFE), which has chapters in most ma- jor cities. It's internationally rec- ognized and off ers members a network of contacts with related skills, such as document examin- ers, computer forensic specialists, and forensic accountants. Cur- rently, lawyers account for about fi ve per cent of the membership. Th ere's also a purely Cana- dian qualifi cation off ered by the Association of Certifi ed Forensic Investigators of Can- ada (ACFI), which broke away from its American-based and profi t-oriented counterpart in the late 1990s. It also boasts of networking as one of the main benefi ts of accreditation and membership. Lawyer Norm Groot of Investigation Counsel Profes- sional Corp. in Toronto got his accreditation from the ACFE before he began his legal career. His background as a police of- fi cer gave him a good ground- ing in the area and informed the writing of his book on private investigations in Canada. His practice includes other lawyers with law enforcement experi- ence and focuses on defending investigators in the private and public sectors as well as invest- ment-fraud recovery. "As part of the process of writing the book, I reviewed all the certifi ed fraud examination materials off ered by the ACFE, which were American-based," Groot says. "I found that some of the law on the Canadian See you August 9 Law Times will not publish in print next week. We will return on August 9, 2010. Meanwhile, enjoy fresh content on our web site at: www.lawtimesnews.com exam was wrong. I wrote to the Americans and advised them of the sections that needed to be amended for Canadian con- tent, which they did." Groot then wrote the exam and, not surprisingly, passed. Th ere are four parts to the 500-question online exam. While the legal content varies between jurisdictions, criminol- ogy, ethics, fi nancial transac- tions, and fraud investigation are generally universal and con- sistent internationally. People can prepare for the exam by studying the Fraud Examiners Manual issued by the ACFE or by completing an extensive home-study course that has a money-back guarantee of pass- ing the test. To be eligible, applicants must have two years' experience and some post-secondary edu- cation. "It takes a lot of work," says Groot. "A lot of people don't pass it the fi rst time." Fraud courses available at Sen- eca and Humber colleges may help, but they're not tailored to passing the ACFE exam. Groot believes the self-study course is helpful to lawyers wishing to focus on fraud-re- lated legal issues. "Th e course refl ects both tort and criminal law," he says. "It delves exten- sively into the psychology of a fraudster. You have to out-think these guys or at least know where they're coming from. It teaches interviewing skills and how to investigate and build a case. In fraud cases, there is a lot of front-end investigation." Th e certifi ed forensic invest- igator accreditation is the Ca- nadian version off ered here. ACFI executive director Alan Langley often fi elds calls from universities and colleges that are interested in the designation but has to inform them that the ACFI doesn't profess to of- fer an international designation or education itself. Currently, there are courses based on the ACFI fraud manual taught at Algonquin College, Vancouver Island University, University of Calgary, and University of Waterloo. Th e organization also provides training updates and administers the exam. "We basically focus on the Canadian marketplace," says Langley. "We have a prerequi- site for Canadian experience of three years or approximate- ly 3,000 hours. An applicant needs 60 points all up, with a minimum or at least 15 points of education plus experience. If you've got the experience, then you've probably got a damn good idea of what's required." All applicants must take a standard benchmark exam. "Th at's a twofold exam," Lan- gley notes. "Th ere's a one-hour grandfathering exam consisting of law, business, fi nance, and ethics. Th en there's a four-hour exam for those who don't have as much experience." Th e ACFI provides appli- cants with a copy of its fraud manual on CD-ROM for re- view before they take the exam. Th e online test includes yes/no, multiple-choice, and essay-type questions. "Th e essay questions are there so we can see how a McWilliams' Canadian Criminal Evidence Fourth Edition The Honourable Justice S. Casey Hill, Prof. David M. Tanovich, Louis P. Strezos (General Editors) Contributions from well-known academics and practitioners Available electronically on Criminal Spectrum Renowned as the authority, McWilliams' Canadian Criminal Evidence, Fourth Edition offers an understanding of how the rules operate at the admissibility stage and when judges come to deal with evidence either in their reasons or in the charge to the jury. Includes the perspectives of criminal law experts from the bench, bar and academia. Looseleaf & binders (2) • $434 • Subscription updates invoiced as issued (2-3/yr) P/C 0496034000 • Vol. 1/2 ISBN 0-88804-371-6/-442-9 Evidence titles person's mind works," Langley says. "After an hour, the guillo- tine comes down." Most of the ACFI member- ship consists of accountants, law enforcement offi cers, and regula- tory offi cials from places like the Canada Revenue Agency, but there are some lawyers on board. For his part, Langley doesn't be- lieve lawyers would have any dif- fi culty with the content. Th ere are currently exemptions from the business and fi nance section given to certifi ed management accountants, certifi ed general accountants, and chartered ac- countants because their educa- tion and training go far beyond the requirements. At the same time, the board is considering the idea of exempting lawyers from the legal section if they have the requisite experience. Whether the certifi cation chosen is national or interna- tional in scope, Groot believes there's always demand for peo- ple with these qualifi cations. "A certifi ed fraud examiner is likely to be retained by victims of fraud," he says. "Where a company is dealing with fraud, the controller or accountant will often contact someone with this designation. Also, when a law fi rm seeks an Anton Piller order to search and seize property, the fi rm has to retain an independent supervising solicitor. Our law fi rm will fi ll that role and actually execute the orders." In the meantime, Langley says the benefi t to lawyers in having the certifi cation is that it provides a focal point for their practices and gives them some credibility in the area of fraud and forensics. "Th ere is also an ability to network with individuals that are users of the services provided by us. We are always looking for lawyers to join our complement of in- vestigative resources. In reality, there are a limited number out there, so it is a good way to provide us and them with net- working opportunities." LT Cox's Criminal Evidence Handbook, 2009-2010 Edition Harold J. Cox, Gregory Lafontaine and Vincenzo Rondinelli This book codifies the whole body of criminal evidence in one resource. Inside you'll find landmark decisions along with other cases that have shaped the law of evidence. Each point of law is summarized as a precept, followed by a listing of relevant case law, so you can review an entire topic in a matter of seconds. Hardbound • 724 pp. • 2009 • On subscription $105 • P/C 0265140999 • One time purchase $115 P/C 0265010002 • ISSN 1201-253X For a 30-day, no-risk evaluation call: 1.800.565.6967 LT0726 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com CA111 (LT 1-3x4).indd 1 7/21/10 12:15:43 PM

• Cover
• Storied Collection
• Busted Bracelets
• Focus On Forensics/Private Investigators