Forensic Accounting Engagement Letter Template for United States

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Forensic Accounting Engagement Letter

"Need a Forensic Accounting Engagement Letter for a suspected internal fraud investigation at our manufacturing company, including potential expert testimony requirements and strict confidentiality provisions, with services to commence March 1, 2025."

Document background
The Forensic Accounting Engagement Letter is a crucial document used when engaging professional forensic accounting services for investigations, litigation support, or fraud examination. This document, governed by U.S. federal and state regulations, establishes the framework for the professional relationship, detailing scope, methodology, deliverables, and compliance requirements. It incorporates AICPA standards and relevant regulatory requirements, while addressing confidentiality, document retention, and expert testimony considerations. The letter serves as both a legal contract and a project charter, protecting all parties' interests while ensuring clear communication of expectations and deliverables.
Suggested Sections

1. Addressing and Dating: Formal addressing of the client with date of engagement

2. Engagement Purpose: Clear statement of the forensic accounting assignment's purpose and objectives

3. Scope of Services: Detailed description of services to be provided and any limitations

4. Professional Standards: Statement of compliance with AICPA standards and other applicable professional requirements

5. Fee Structure: Detailed explanation of fees, billing arrangements, and payment terms

6. Confidentiality: Terms regarding information confidentiality and handling of sensitive data

7. Document Retention: Policies regarding retention and handling of documents and data

Optional Sections

1. Expert Testimony: Terms regarding court appearances and expert testimony when litigation support is anticipated

2. Conflict Disclosure: Disclosure of any potential conflicts of interest when applicable

3. Third-Party Access: Terms regarding sharing information with third parties when third-party involvement is expected

4. Travel Requirements: Terms regarding travel arrangements and related expenses when travel is anticipated

Suggested Schedules

1. Fee Schedule: Detailed breakdown of rates and charges

2. Team Member Profiles: Qualifications and roles of key team members

3. Document Request List: Initial list of required documents and information

4. Engagement Timeline: Projected timeline and key milestones

5. Professional Certifications: Copies of relevant professional licenses and certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

AICPA Professional Standards: Professional standards set by the American Institute of CPAs that govern the conduct of forensic accounting engagements

SSFS 1: Statement on Standards for Forensic Services No. 1 providing specific guidelines for forensic accounting services

GAAP: Generally Accepted Accounting Principles that must be adhered to in financial analysis and reporting

Sarbanes-Oxley Act 2002: Federal law establishing enhanced corporate accountability standards, particularly relevant when dealing with public companies

Federal Rules of Civil Procedure: Rules governing civil procedure in US federal courts, crucial for litigation-related forensic work

Federal Rules of Evidence: Rules governing the introduction of evidence in federal courts, essential for expert testimony

Securities Exchange Act: Federal law governing securities trading and fraud, relevant for cases involving securities investigations

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to protect sensitive customer financial data

HIPAA: Health Insurance Portability and Accountability Act governing protection of medical information if healthcare data is involved

State Professional Liability Laws: State-specific laws governing professional liability and malpractice for accountants

Attorney-Client Privilege: Legal concept protecting confidential communications between attorneys and their clients, affecting how forensic accountants handle information

Work Product Doctrine: Legal principle protecting materials prepared in anticipation of litigation

State CPA Licensing Requirements: State-specific requirements for maintaining CPA license and practicing forensic accounting

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Federal law with provisions affecting financial investigations and anti-money laundering requirements

FinCEN Regulations: Financial Crimes Enforcement Network regulations governing reporting and compliance requirements

IRS Document Retention: Internal Revenue Service requirements for maintaining financial records and documentation

State Document Retention: State-specific requirements for maintaining professional records and documentation

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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