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Gerard M. Zack

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Beschreibung

Essential guidance on the new fair value rules for accounting managers, auditors, and fraud investigators Fair Value accounting is emerging as the next prime opportunity for financial statement fraud. Explaining the many complex applications of fair value accounting in the preparation of financial statements, Fair Value Accounting Fraud offers timely guidance on an up-and-coming issue as U.S. and international accounting rules pertaining to the use of fair value accounting continue to change. You'll find discussion of * U.S. GAAP and IFRS rules on fair value accounting issues, highlighting the areas most vulnerable to fraud * Explanations of 75 categories of fair value accounting fraud schemes * Fraud risk checklist that you can put to immediate use * Practical detection techniques useful for auditors, investigators and others who rely on financial statements * Expert advice from Gerard Zack, CFE, CPA, author of Fraud and Abuse in Nonprofit Organizations: A Guide to Prevention and Detection Comparing US accounting standards to International Financial Reporting Standards-thereby making this book useful worldwide- Fair Value Accounting Fraud helps you understand the new rules and develop new auditing and investigative techniques to enable you to detect potential fraud.

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Veröffentlichungsjahr: 2009

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Table of Contents
Title Page
Copyright Page
Dedication
Preface
How This Book Is Organized
Glossary of Abbreviations Used in This Book
Acknowledgements
PART I - Introduction to Fair Value Accounting Fraud
CHAPTER 1 - Overview of Financial Statement Fraud and Fair Value Accounting
Introduction to Financial Reporting Fraud
What Makes It Fraud?
Why Financial Reporting Fraud Is Perpetrated
Using One Fraud to Hide Another
CHAPTER 2 - The Use of Fair Value in Financial Statements
Historical Cost versus Fair Value
Sources of Accounting Principles
U.S. GAAP versus IFRS
Fair Value Option Added for U.S. GAAP
Fair Value Defined
International Convergence
Some Principles of Financial Statement Presentation
Effective Dates of Accounting Standards
Impact of Fraud on Financial Statements
CHAPTER 3 - Methods of Determining Fair Value
Introduction
Market Approach
Income Approach
Cost Approach
Internal versus Externally Developed Valuations
Inputs to Valuation Methods
Fair Value Guidance under IFRS
Availability of Market Evidence
PART II - Asset-Based Schemes
CHAPTER 4 - Investments in Debt and Publicly Traded Equity Securities
Scope of Investments Covered
Sources of U.S. GAAP and IFRS
Classification and Treatment—U.S. GAAP
Classification and Treatment—IFRS
Reclassifications in General
Reclassifications from the Held-to-Maturity Category
Determination of Fair Value
Active versus Inactive Markets
Temporary versus Other-than-Temporary Impairments—U.S. GAAP
Impairment Losses—IFRS
Summary of Fraud Risks
CHAPTER 5 - Ownership Interests in Nonpublic Entities
Sources of U.S. GAAP and IFRS
Introduction
Consolidated Financial Statements
Jointly Controlled Entities versus Jointly Controlled Assets
Equity Method Investments
Proportionate Consolidation
Fair Value Option
CHAPTER 6 - Loans and Receivables
Sources of U.S. GAAP and IFRS
Recognition and Measurement—U.S. GAAP
Recognition and Measurement—IFRS
CHAPTER 7 - Intangible Assets and Goodwill
Sources of U.S. GAAP and IFRS
Asset versus Expense
Web Site Costs
Measurement
Finite Life Intangible Assets
Residual Value
Indefinite Life Intangible Assets
Impairment Losses
Concluding Remarks
CHAPTER 8 - Business Combinations
Sources of U.S. GAAP and IFRS
Business Combination versus Asset Acquisition
Accounting for Business Combinations
Identification of Intangible Assets
Business Combinations Achieved in Stages
CHAPTER 9 - Asset Impairments
Sources of U.S. GAAP and IFRS
Definition of an Impairment Loss
When to Test for Impairment
Indicators of Impairment of Assets
Extent of Impairment Loss
Reversal of Previous Impairment Losses
CHAPTER 10 - Property and Equipment (Including Investment Properties)
Sources of U.S. GAAP and IFRS
Initial Recognition
Measurement after Initial Recognition
Investment Property
Impairment Losses
PART III - Liability-Based Schemes
CHAPTER 11 - Debt Obligations
Sources of U.S. GAAP and IFRS
Measurement
Fair Value Option
Valuation of Debt
CHAPTER 12 - Deferred Revenue
Sources of U.S. GAAP and IFRS
Recognition—Customer Loyalty Programs
Multiple Deliverable Arrangements
CHAPTER 13 - Asset Retirement Obligations
Sources of U.S. GAAP and IFRS
Recognition—U.S. GAAP
Recognition—IFRS
Can a Reliable Estimate Be Determined?
Measuring and Recording an Asset Retirement Obligation
Summary—Comparison of U.S. GAAP and IFRS
CHAPTER 14 - Guarantees
Sources of U.S. GAAP and IFRS
Recognition—U.S. GAAP
Measurement
Recognition—IFRS
PART IV - Other Fair Value Accounting Fraud Issues
CHAPTER 15 - Derivatives and Hedging
Sources of U.S. GAAP and IFRS
Definitions and Treatment—U.S. GAAP
Definitions and Treatment—IFRS
Measurement
Embedded Derivatives
CHAPTER 16 - Assets or Liabilities of Sponsors of Employee Benefit Plans
Sources of U.S. GAAP and IFRS
Recognition and Measurement—U.S. GAAP
Recognition and Measurement—IFRS
CHAPTER 17 - Contingencies and Provisions
Sources of U.S. GAAP and IFRS
Recognition—U.S. GAAP
Amount of Loss to Be Recognized
Recognition—IFRS
Measurement
Comparison of U.S. GAAP and IFRS
CHAPTER 18 - Share-Based Transactions
Sources of U.S. GAAP and IFRS
Recognition—U.S. GAAP
Measurement—U.S. GAAP
Recognition—IFRS
Measurement—IFRS
CHAPTER 19 - Nonmonetary Transactions
Sources of U.S. GAAP and IFRS
Recognition and Measurement—U.S. GAAP
Recognition and Measurement—IFRS
Advertising Barter Transactions—U.S. GAAP
Advertising Barter Transactions—IFRS
CHAPTER 20 - Special Fair Value Issues of Not-for-Profit Organizations
Introduction
Noncash Contributions of Assets
Contributed Use of Assets
Promises to Give
Contributed Services
Matching Requirements
CHAPTER 21 - Fair Value Disclosure Issues
Introduction
Sources of Disclosure Requirements
Financial Instruments
Impairment Losses
Uncertainties
PART V - Detection of Fair Value Accounting Fraud
CHAPTER 22 - A Framework for Detecting Fair Value Accounting Fraud
Assessing the Risk of Fraud
Understanding How Fair Value Impacts the Financial Statements
External Factors that Indicate Risk
Internal Risk Factors
Materiality
Internal Controls over Fair Value Accounting
The Risk of Management Override
Framework for Fair Value Accounting Fraud Detection
Auditing Standards
Auditor Independence
CHAPTER 23 - Use of Ratios and Other Analytical Procedures
Analytical Procedures as a Fraud Detection Tool
Horizontal Analysis
Vertical Analysis
Operating Ratios
Customized Ratios
Appendix A - Summary Checklist of Fair Value Accounting Fraud Risks
Appendix B - SEC Office of the Chief Accountant and FASB Staff Clarifications ...
Appendix C - Internal Controls over Fair Value Accounting Applications
Bibliography
About the Author
Index
Copyright © 2009 by Gerard M. Zack. All rights reserved.
Published by John Wiley & Sons, Inc., Hoboken, New Jersey. Published simultaneously in Canada.
No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 646-8600, or on the Web at www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, (201) 748-6011, fax (201) 748-6008, or online at http://www.wiley.com/go/permissions.
Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives or written sales materials. The advice and strategies contained herein may not be suitable for your situation. You should consult with a professional where appropriate. Neither the publisher nor author shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.
For general information on our other products and services or for technical support, please contact our Customer Care Department within the United States at (800) 762-2974, outside the United States at (317) 572-3993 or fax (317) 572-4002.
Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. For more information about Wiley products, visit our Web site at www.wiley.com.
Library of Congress Cataloging-in-Publication Data:
Zack, Gerard M.
Fair value accounting fraud : new global risks and detection techniques/Gerard M. Zack.
p. cm. Includes bibliographical references and index.
eISBN : 978-0-470-52737-5
1. Misleading financial statements. 2. Accounting fraud. 3. Fair value-Accounting. I. Title.
HF5681.B2Z234 2009 657’.3-dc22
2009010848
Portions of various FASB documents, copyright © by the Financial Accounting Foundation, 401 Merritt 7, P.O. Box 5116, Norwalk, CT 06856-5116, U.S.A., are reprinted with permission. Complete copies of these documents are available from the FAF.
For additional information, visit www.fasb.org.
Portions of various IASB documents, copyright © by the International Accounting Standards Committee Foundation, First Floor, 30 Cannon Street, London EC4M 6XH, United Kingdom, are reprinted with permission.
For additional information, visit www.iasb.org.uk.
This book is dedicated to my brothers, Bill and Ray. I am so lucky to have two brothers who have always been such great role models and who continue to be so deserving of my admiration and respect, yet who are also my best friends. I love you both dearly.
Preface
Depending on what you have read and who you have listened to, you may have formed the opinion that fair value accounting has had one or more of the following relationships with the global financial crisis that continues to worsen in 2009:
• It was one of the direct causes of the crisis.
• It exacerbated the crisis, which was initially caused by other factors.
• It hid or disguised the crisis for months, resulting in a delayed initial response to the crisis.
• It had nothing to do with the crisis—but it sure is fun to blame crises on accountants.
Fair value accounting is the accounting profession’s equivalent of the automobile commercials you have seen on television, showing a vehicle racing around an obstacle course or bouncing over hills, along with a disclaimer saying something to the effect that “This is a professional stunt driver on a closed course. Do not try this at home!”
Fair value accounting is not for the timid. It is often not precise. It makes some people uncomfortable (they are called auditors). It involves a tremendous amount of judgment and estimation. It also frequently requires a highly specialized expertise. And whenever accounting involves a significant amount of judgment and estimation, it becomes infinitely more susceptible to manipulation and fraud.
The role that fair value accounting may have played in connection with the current economic mess is an interesting one to debate, but is not really the subject of this book. The issue that cannot be disputed, however, is that the accounting rules regarding the use of fair value accounting are extremely complicated. This complexity has most certainly led to inconsistencies in the application of these rules. While most of these inconsistencies are likely the result of honest mistakes and, in some cases, a poor understanding of the rules, some will inevitably be determined to be more deliberate. As a result, there are bound to be many cases of fair value accounting fraud in the coming years. Financial reporting fraud is nothing new. But the techniques used to perpetrate it change over time. And one of the trade-offs for the many benefits of fair value accounting is that it is likely to be the basis for some of the next major financial reporting frauds.
Regardless of whether you favor or dislike the use of fair value accounting, one thing most people agree on is that the rules are very complicated. In its December 2008 report on the use of fair value accounting in the United States, the Securities and Exchange Commission soundly endorsed the use of fair value accounting. It even encouraged the expansion of fair value applications in the financial statements. However, the SEC cautioned that better, more practical guidance is badly needed, and some of the fair value accounting standards are in of need clarification and simplification. Starting in January 2009 and continuing into April, the Financial Accounting Standards Board has taken steps to respond to the SEC’s mandate for improved guidance. No doubt, additional guidance is on the way. The accounting standards are far from perfect, but as FASB and the International Accounting Standards Board continue to work together, greater consistency and clearer rules will hopefully result.
It is with the complexity of these rules in mind that I have chosen to tackle the subject of fair value accounting fraud with this book. The rules in the United States share many attributes with the rules used in countries that recognize the International Financial Reporting Standards. Yet there are many differences as well.
The purpose of this book is to raise awareness of the many risks of fraud based on how fair value accounting is utilized in the preparation of financial statements and how those applications differ under U.S. and international accounting standards. This book is not a guide on how to perform valuations. But it is designed to provide readers with an overview of the fair value applications and some of the most commonly used methods, especially as these subjects relate to the primary focus of this book—the risk of financial reporting fraud.
Gerard M. Zack April 2009

How This Book Is Organized

This book is organized into five parts:
Part I Introduction to Fair Value Accounting Fraud
Part II Asset-Based Schemes
Part III Liability-Based Schemes
Part IV Other Fair Value Accounting Fraud Issues
Part V Detection of Fair Value Accounting Fraud
Beginning in Chapter 2 and continuing through the end of Part IV, as fraud schemes are introduced, each will be highlighted in a special fraud risk text box. Each fraud scheme has been assigned a number, the first part of which corresponds to the chapter number. The fraud risks identified in Chapters 2 and 3 are broad risks that could apply to any application of fair value accounting. The risks identified in Chapters 4 through 21 are specialized risks associated with the specific accounting topic addressed in each chapter.
In the sections of the book surrounding each fraud risk text box, the details of the accounting rules and how those rules would be violated in connection with each fraud scheme are explained. All of the fraud schemes are listed in Appendix A for your reference.

Glossary of Abbreviations Used in This Book

Numerous acronyms and abbreviations are used throughout this book, starting in Chapter 2. Here are some of the most commonly used abbreviations. Each will be explained further as they are introduced in the book.
Acknowledgments
I want to thank April for many things, but especially for the love and support you have provided to me during a challenging period in my life. Words cannot adequately express my appreciation and love.
I also want to thank the great team at John Wiley & Sons, specifically:
Tim Burgard, Acquisitions Editor
Lisa Vuoncino, Production Editor
Helen Cho, Senior Editorial Assistant
You have made this process feel very much like a team effort.
PART I
Introduction to Fair Value Accounting Fraud
In this introductory section, the most important concepts of financial statement fraud and fair value accounting are introduced. To understand how to detect fair value accounting fraud, it is important to:
• Understand why and how financial statement fraud of any type is perpetrated
• Understand what is meant by fair value accounting and its broad applications in today’s world
• Understand some of the core concepts associated with fair value accounting, including a basic understanding of the various methodologies used in determining fair value of an asset or liability
That is the purpose of Part I. It is only with this level of understanding that the fair value accounting issues and fraud risks explained in Parts II through IV will be fully understood.
CHAPTER 1
Overview of Financial Statement Fraud and Fair Value Accounting

Introduction to Financial Reporting Fraud

Anyone who has read a newspaper or watched the evening news in recent years is well aware that fraudulent financial reporting by big businesses has reached alarming levels. Equally startling is the frequency of fraudulent financial reporting by small businesses—as many bankers and government agencies will confirm—and even by non-business entities such as not-for-profit organizations.

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