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ARXIS - Litigation Consulting
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September 2026

 
Recent Case:

External Financial Statement Audits
Don't Expose Fraud

If you rely on audits to protect your organization from fraud, you may be in dangerous territory. Internal fraud is detected very rarely by external auditors.

There is a common misperception about the role, function, and effectiveness of financial statement audits as a tool to uncover fraud. The accounting profession is as responsible for this misperception as anyone, due to their marketing of the service and justification for their fees. Nevertheless, the perception that financial statement audits are designed to find fraud and that they are effective in that pursuit is pervasive. The fact is that neither is true.

Purpose of an Audit
Financial statement audits are a process where an outside independent accounting firm expresses an opinion on whether the financial statements present fairly the financial position and operating results in accordance with some identified basis of accounting and whether that accounting has been done consistently. While the audit opinion letter does reference work done to determine whether there is "material" misstatement in the financial statements, this is just one type of fraud.

The audit function does not purport to address non-material financial statement fraud or any other of the several types of fraud. This is not to criticize the audit function - but only to highlight that it is not the end-all in fraud detection.

Audits tend to be predictable (once-a-year), planned, and can be easily manipulated by key employees. History is littered with stories of flagrant crimes committed around, and in spite of, auditors.

Wrong Tool
If audits are not designed to detect most types of fraud is it somehow effective anyway? According to a study by the Association of Certified Fraud Examiners (ACFE), the answer is pretty clearly no. Per this report, fraud is far more likely to be detected by "tips" than by any other method, and it is detected by external auditors only 3.3 per cent of the time.

This is not really a failure of the audit function. As described above, the audit is not designed to do any better than it does in fraud detection. This is hard to keep in mind in the face of popular media attention after a high-profile white-collar crime is exposed.

Prevention
Most, if not all, of the fraud-related benefit of a financial statement audit may be prevention. Prevention is nearly impossible to measure since, by definition, you are trying to quantify events that did not happen. However, according to the ACFE study, the most common prevention strategy used by business is the external audit. According to the study 91 per cent of companies with more than 100 employees cite external audits as a primary prevention technique.

The expectation of employees that an outside auditor will be looking over their shoulder may cause a tempted employee to think twice. Hopefully those tempted employees will never figure out how ineffective the audit actually is in discovering and exposing fraud.

The numbers always tell the story. Unfortunately, uncovering that story in this case required years of litigation, substantial legal fees, and immense personal stress and family disruption. Much of this pain could have been avoided had the family not taken a long-term "don't care" approach. The trust placed in their sibling was ultimately misplaced and abused. Regrettably, this story is far from unusual.

 
Service Profile:

Litigation Consulting Services for Insurance Claims/Bad Faith

As part of Arxis Financial's "Litigation Consulting" practice, we regularly work with attorneys on insurance claims/bad faith matters. Although insurance companies owe a duty of good faith in dealing with the persons they insure, violation of that obligation occurs in commercial policies that can involve huge sums of money. Examples of bad faith include undue delay in handling claims, inadequate investigation, refusal to defend a lawsuit, threats against an insured, refusing to make a reasonable settlement offer, or making unreasonable interpretations of an insurance policy.

Arxis Financial provides objective and independent evaluation of the economic and financial issues involved in insurance claims/bad faith litigation. We work with litigators through the evaluation of opposing party's claims, assistance in preparation of deposition and cross-examination questions, document request lists, other discovery assistance, analysis and calculation of damages, preparation of trial exhibits, and expert witness testimony. Clients are pleased with Arxis Financial's abilities to clearly, persuasively, and accurately present economic and financial arguments.

If you have any questions about Litigation Consulting Services for Insurance Claims/Bad Faith, please feel free to contact us.

 
Speeches:

Upcoming Speaking Engagements for Chris Hamilton

Chris Hamilton's recent and upcoming presentations include:

  • "Protecting Your Practice: Preventing Fraud Accusations and Victimization in Fiduciary and Professional Roles," Woodland Hills Tax and Estate Planning Council (October 2026)

If you are interested in asking Mr. Hamilton to speak at your organization's upcoming meeting, please feel free to contact him.

 
 
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Chris Hamilton, CPA, CFE, CVA
 
 
Chris Hamilton, CPA, CFE, CVA
chamilton@arxisfinancial.com
(805) 342-0749
arxisfinancial.com
 

 
 
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