M4 Case PCombs
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Identify at least four issues, problems, missteps, and/or mistakes Calvin P. Anderson, CPA made related to his expert witness engagement.
For each item identified, (1) explain exactly what happened and (2) provide a suggestion that would have helped to avoid the outcome of the item you identified.
In your writing, be thorough enough to show you understand the problem, but in a clear and concise manner.
In other words, one or two-sentence answers are not sufficient; they should be short paragraphs.
Paige Combs
Module 4: Case
Calvin Anderson is a CPA that accepted an engagement in which he did not have the proper background to be qualified for. He is a licensed CPA and has been for 15 years, with an estimated age of 35-40. He accepted an engagement in the forensic accounting area, and he has previously had no experience in this area, which he should have been very aware he was not qualified with his experience in the Public Accounting area. In this case, I have been asked to identify four issues Calvin Anderson made in relation to his expert witness engagement. Issue 1:
Calvin went to a seminar on forensic accounting, in which for a few days he was trained on the topic. Within these few days of the seminar, Calvin believed he had become qualified for an engagement like this. His testifying for one prior client also had encouraged him, making him believe he was qualified. I believe Calvin was overly ambitious and this was one issue with him accepting this engagement. Testifying once and going to a three-day seminar does not qualify a person to be an expert witness. I also believe a major issue was he actively advertised himself as an expert in the area and
even though the AICPA advertising guidelines were not violated, he lacked the ethics needed to properly educate himself and be a true qualified expert witness. My recommendation would have been to get true education regarding this as well as seek out experience with other expert witnesses where you can observe and work directly on
the cases. Issue 2:
Another major issue was Calvin’s lack of knowledge surrounding courtroom etiquette and litigation procedure. He entered the courtroom before being called which is not appropriate for a witness. An expert witness would be aware of proper procedures
of litigation and there would be a known acumen when it comes to litigation. An expert witness, who is paid to eb there, should fully be aware of the appropriate etiquette in the professional setting for which they are in. My recommendation would be Calvin familiarize himself with courtroom etiquette and formal proceedings before his next (if any) engagement regarding being an expert witness. Issue 3:
Another issue is the lack of the expert report being provided, which is required by court procedures. Calvin somehow arrived at a figure of $31,700, the expert report
should have shown the exact figures to arrive at this number as well as any justification surrounding it. Calvin potentially could’ve been denied testifying as well as he could’ve had a countersuit by his employer for this engagement. My recommendation in this situation would’ve been to have Calvin keep track of all his calculations and write up an expert report, to share with the court.
Issue 4:
The final issue is the neglect of Calvin’s other clients, due to his engagement in this case. Calvin lost business from other clients due to his extensive involvement in this engagement and lack of effort to remediate his efforts for other accounts. Not only was Calvin not qualified for this engagement, but he also broke an ethical code by not having professional care for his other clients. He has the natural consequence of losing their business for this, but it should be noted this is ethically incorrect. My recommendation would have been for him to evaluate the scope of this engagement and never have accepted it in the first place.
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