Fraud Litigation Support & Advisory

Scope of Expert Analysis

• Critical review of the opposing party's expert report and loss schedules
• Identification of methodological errors, unsupported assumptions, and calculation mistakes
• Advisory memoranda on financial strategy and quantum risk
• Preparation of counsel for cross-examination of financial witnesses
• Assistance with Part 35 questions (UK) or equivalent discovery on expert evidence
• Support during settlement negotiations and mediation on quantum issues

Typical Instructions

• Opposing expert has served a report requiring detailed rebuttal analysis
• Counsel requires forensic accounting support to understand complex financial issues
• Pre-trial preparation where financial evidence will be central to the outcome
• Mediation or settlement where an independent view on quantum is needed
• Early case assessment to determine whether expert evidence on loss is proportionate

Methodology & Delivery

• Structured review of opposing expert evidence against source documents
• Identification of issues for cross-examination and Part 35 questions
• Clear advisory memoranda for the legal team — not formal expert evidence unless instructed
• Ongoing support through disclosure, expert exchange, and trial preparation
• Transition to formal expert instruction where a rebuttal report is required

Related Expert Witness Services

Frequently Asked Questions

How does a forensic accountant quantify fraud loss?

A forensic accountant quantifies fraud loss by tracing the claimant's financial position before and after the fraudulent act, identifying the direct financial loss caused by the fraud, and applying the appropriate methodology for the specific fraud type — such as counterfactual analysis for investment fraud, or direct loss calculation for embezzlement. The methodology is fully disclosed in the expert report.

What is the counterfactual method in investment fraud loss quantification?

The counterfactual method in investment fraud loss quantification asks: what would have happened to the claimant's money if the fraud had not occurred? The expert models the return that a legitimate, suitable investment would have produced over the same period, then compares this to the actual outcome. The difference between the counterfactual return and the actual loss is the investment fraud loss.

Can you provide fraud loss expert evidence for international arbitration?

Yes. Fraud Loss Expert provides forensic accounting expert witness reports for international arbitration proceedings — including ICC, LCIA, SIAC, AAA/ICDR, and ICSID. Reports are prepared to the expert witness rules of the applicable arbitration institution and the applicable law governing the dispute.

What is APP fraud and how is the loss calculated?

Authorised Push Payment (APP) fraud occurs when a victim is deceived into authorising a payment to a fraudster. Loss is calculated as the total amount of payments made as a result of the fraudulent instruction, less any amounts recovered. Forensic accountants analyse the payment records, trace funds, and produce an expert report quantifying the total loss.

What must a CPR Part 35 fraud expert report contain?

Under CPR Part 35 and Practice Direction 35, a fraud loss expert report must include: the expert's qualifications, a summary of instructions, the facts and materials relied upon, the expert's opinion and methodology, a range of opinion where relevant, a summary of conclusions, and a statement of truth confirming the expert's duty to the court.