Single Joint Expert, Fraud Loss Quantification

Scope of Expert Analysis

• Neutral, independent quantification of fraud loss instructed jointly by both parties
• Court-directed Single Joint Expert appointments in fraud quantum proceedings
• Joint statements with the opposing expert where a single joint expert is not appointed
• Compliance with the relevant court rules on expert evidence and procedure
• Attendance at court or arbitration for oral evidence as directed
• Clarification of the expert report in response to questions from the parties or the court

Typical Instructions

• Court directs appointment of a Single Joint Expert on quantum of fraud loss
• Both parties agree to instruct a single expert to reduce costs and narrow issues
• Complex fraud loss issues where a neutral expert view will assist case management
• Proceedings where the court has made an unless order requiring joint expert evidence
• Arbitration where the tribunal directs a single expert on financial issues

Methodology & Delivery

• Strict adherence to the duties of an independent expert under the applicable court rules
• Equal access to documentation and instructions from both parties
• Transparent methodology with assumptions stated for the court's consideration
• Proactive engagement with both legal teams on scope and timing
• Clear, impartial report structured for judicial or arbitral decision-making

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?

Authorized Push Payment (APP) fraud occurs when a victim is deceived into authorizing 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 analyze the payment records, trace funds, and produce an expert report quantifying the total loss.

What must a fraud loss expert report contain?

A fraud loss expert report should 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 confirming the expert's duty to the tribunal or court.