The Forensic Accountant's Guide to the Law of Privilege: What To Do When a Fraudster Claims Privilege


Understanding the law of privilege is a prerequisite to doing a thorough and proper investigation. Investigators must constantly remind themselves that litigation is not the end of their investigation, as important evidence may be garnered through the court process itself. Every investigator must be constantly acquiring and collating evidence as it presents itself during the course of the litigation. The purpose of this reference guide is to review the reasons why claims to privilege are not available to fraudsters who attempt to use it to conceal their misdeeds. In the course of this exploration, we will also show why your legal team might want to sue co-conspirators as a means of acquiring evidence, and how you should protect yourself from a fraudster who seeks to attack the investigator?s claims to privilege in an effort to gain access to your pre-trial work product. Put briefly, an advanced knowledge of the law of privilege is a critical part of the forensic accountant?s investigative skill set whenever a fraud investigation is undertaken.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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