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The
Sunday Oregonian
October
17, 1999
FORENSIC
ACCOUNTANTS SOLVE CRIMES FOR CLIENTS:
The specialty doesn't involve crunching numbers so much
as it does employing the techniques of private
investigators.
Michael
Kessler was hired by Monsanto Co. to track down a sweetener
counterfeiting ring. Fake Packages of Equal, the sugar
substitute for Monsanto, based in St. Louis, MO., were showing
up in stores from Minnesota to South Carolina. The
49-year-old forensic accountant uncovered a clue to the source
not in the ledger books but in the trash. Staking out
Haskel Trading Co. in Brooklyn, N.Y., he found bogus boxes of
Equal buried amid crates and cardboard in a bin outside.
Such
sleuthing is a booming business for Kessler and other forensic
accountants, who charge about $300 an hour for investigate work,
one-third more than for audits.
They’re riding a wave of corporate crime, cooked books, hacked
computers, infringed copyrights, and old-fashioned theft. “This is without
doubt one of the fastest growing areas of our practice,” says
Frank Piantidosi, national director of forensic investigative
services at Deloitte & Touche.
Fraud of all types cost U.S. companies more than $400 billion
last year, reports the Association of Certified Fraud Examiners.
Investors sued 235 corporations for securities fraud in 1998-a
record number-according to the Stanford Securities Class Action
Clearing House at Stanford Law School. Bank of New York Co. says
it has hired investigators from accounting firm KPMG International
to determine whether a Russian crime syndicate laundered as much
as $10 billion through the bank, as U.S. law enforcement officials
allege. And for months, scores of accountants have combed documents
at six insurance companies for clues to hundreds of millions of
dollars that vanished with Martin Frankel, according to state
regulators. German police captured the money manager in Hamburg
in September after an international manhunt, and he has since
been indicted, but investigators still don’t know how much money
is missing, let alone where it is.
Big Five accounting firms like Arthur Andersen, Deloitte, and
KPMG are expanding their forensic businesses, units that are often
part of what executives call “litigation support services” or
“dispute resolution.” Deloitte has added at least 75 people to
its investigative unit, including more than two dozen former agents
from the U.S. Federal Bureau of Investigation (FBI) and Central
Intelligence Agency, federal prosecutors, and Royal Canadian Mounted
Police. At KPMG, the New York forensic practice has grown to 90
people from 4 in the past five years.
In the past, forensic accountants were little more than glorified
insurance examiners. For example, an insurer might hire an outside
investigator to value a factory and its contents flooded by Hurricane
Floyd. Now the sleuths are landing work because more and more
companies are suing each other or are being sued by their shareholders.
Cendant Corp., formed in 1997 by the merger of CUC International
and HFS, held the dubious honor of being the most frequently sued
company last year, according to the Stanford Law School study,
which was published in January. The franchising and discount-shopping
company, based in Parsippany, N.J., was the defendant in at least
70 class action complaints.
The suits alleged that former CUC executives booked fictional
revenue and used money set aside for merger-related expenses for
other things. Cendant itself sued accounting firm Ernst &
Young for certifying allegedly false financial statements from
CUC.
“Blame the lawyers,” says Steven Bankler, investigative accountant
for the US. Senate Whitewater Committee. “We’re a litigious society,
and that is a big reason why forensic accounting is a boom business.”
Bankler isn’t complaining. His San Antonio, Texas, firm charges
$300 an hour. He says big firms often charge more.
Some accountants come to the field with specialized training in
computers. They say the ability to retrieve and secure electronic
evidence is increasingly vital to solving white-collar crimes.
“Ten years ago, only the geeks had access to computers,” says
Lorraine Horton, a 45-year-old investigative accountant who teaches
courses in accounting computer systems at the University of Rhode
Island. “Now everyone has access and can hack in for nefarious
purposes.”
Stephen Silver, the Arthur Andersen partner in charge of business
fraud in the Midwest, says he hires people from the FBI, state
police forces, and district attorney’s offices. “You’ve got to
have experience with wrongdoing,” he says. Spotting clues
is a knack some experts say can’t be taught. That is especially
true with some accountants, who are trained to believe that numbers
don’t lie. “Auditing is about following the rules,” says Horton.
“In forensic accounting there are no rules; anything is possible.”
It was a lesson Mike Kessler learned while investigating tax fraud,
government corruption, and organized crime for New York. A beefy
Brooklyn native who stands well over six feet tall, Kessler has
been director of the New York State Revenue Crimes Bureau, deputy
inspector general of the New York Metropolitan Transportation
Authority, and assistant chief auditor for the New York State
special prosecutor. His Park Avenue firm, Michael G. Kessler &Associates,
employs about 35 accountants, researchers, and private investigators.
Monsanto hired Kessler after stores began complaining in April
1996 that their scanners couldn’t read the bar codes on some Equal
boxes. The boxes turned out to be fakes. Working from a database
he keeps on people linked to product counterfeiting, Kessler decided
to stake out Haskel. His team snapped dozens of photos of employees
at work and gathered evidence outside.
After obtaining a court order to seize Haskel’s books, Kessler
put on his accounting hat. The accounts showed Haskel had been
buying Equal in 2,000-pack boxes designed for restaurants and
then repackaging the sweetener into counterfeit boxes that hold
50 packs, the size sold in stores, Monsanto later alleged.
Monsanto says its prices are “proprietary information” and won’t
disclose them. But the company does say it sells Equal cheaper
in bulk than it does to stores. A 50-pack box retails for $3.99
at Delmonico Gourmet Food Market off Park Avenue.
Monsanto filed a lawsuit against Haskel, saying the wholesaler
had taken advantage of the difference in prices at its expense
for five years. Monsanto has spent more than $110 million advertising
and promoting Equal since 1992, according to the suit, so the
company has a big stake in protecting its brand.
Haskel eventually settled, according to Kessler. People at the
wholesaler didn’t return telephone calls seeking comment.
Not your typical accounting work. But then Kessler isn’t your
typical number cruncher. As he puts it, “While accountants look
at the numbers, forensic accountants look behind the numbers.”
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