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Preventing a Fraud meltdown in your company
1. Preventing a Koss Meltdown at your
Company:
How to Prevent and Detect Fraud:
Implementing Internal Controls
2. Presenters
David Buslee
– MBA UC Irvine
– Certified Managerial Accountant
– Certified Financial Manager
– Partner – B2BCFO
Paul Rodrigues
– Certified Public Account
– Masters in Tax
– Certified Fraud Examiner
– Certified in Financial Forensics
– Principal at Chortek and Gottschalk
3. Goal
To Educate You on What is Happening
To Scare You to Death
To Make You Paranoid
To Provide Best Practices
3
4. What is Fraud
The elements of fraud are:
– A representation about a material fact
– Which is false
– And made intentionally, knowingly, or recklessly
– Which is believed
– And acted upon by the victim
– To the victim’s damage
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5. Common Myths About Fraud
It can’t happen on MY watch
No one would do that here...
We have an excellent accounting system
My accounting clerk is my best employee
We don’t handle cash - What’s to steal
Problem Employees are likely suspects
I wouldn’t know where to start looking
5
6. The Fraud Triangle
Opportunity - Generally provided through
weaknesses in the internal controls.
Pressure - Can be imposed due to problems or
vices
Rationalization - Occurs when the individual
develops a justification for their fraudulent
activities.
6
7. Fraud Schemes
Three categories of fraud schemes according
to the Association of Certified Fraud
Examiners:
A. fraudulent statements
B. corruption
C. asset misappropriation
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8. A. Fraudulent Statements
Misstating the financial statements to make the
copy appear better than it is
Usually occurs as management fraud
May be tied to focus on short-term financial
measures for success
May also be related to management bonus
packages being tied to financial statements
8
9. B. Corruption
Examples:
– bribery
– illegal gratuities
– conflicts of interest
– economic extortion
– Kickbacks
Foreign Corrupt Practice Act of 1977:
– indicative of extent of corruption in business world
– impacted accounting by requiring accurate records
and internal controls
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10. C. Asset Misappropriation
Most common type of fraud and often occurs as
employee fraud.
Examples:
– making charges to expense accounts to cover theft of
asset (especially cash)
– lapping: using checks from one account to cover theft
from a different account
– transaction fraud: deleting, altering, or adding false
transactions to steal assets
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11. How Management
Encourages Fraud
Management Attitude - Do Nothing
Little or poor Applicant screening
No written policies or procedures
Inadequate training - classroom or OJT
Responsibility, accountability, and authority not established or
documented
Goals and objectives neither established nor monitored for
success
Weak Enforcement Policy
Break accounting and policy rules - “Too Much Bureaucracy”
Inconsistent application of policies or procedures - may result in
unfair treatment of employees - favoritism - low morale
Not listening to employees - treatment of whistleblowers
We’ll get them to resign - the problem will go away
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12. Employee Fraud
Committed by non-management personnel
Usually consists of: an employee taking cash
or other assets for personal gain by
circumventing a company’s system of internal
controls
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13. Management Fraud
It is perpetrated at levels of management
above the one to which internal control
structure relates.
It frequently involves using the financial
statements to create an illusion that an entity is
more healthy and prosperous than it actually is.
If it involves misappropriation of assets, it
frequently is shrouded in a maze of complex
business transactions.
13
14. Who Commits Fraud ?
Almost anyone, rationalize they are just in
borrowing, believe they deserve what they
take, plan to repay - never do. Will continue to
commit fraud until caught.
– Has an addictive need - alcohol, drugs, gambling, sex, shopping
– Is intelligent
– Has a position of trust and responsibility
– Understands and skillfully uses technology
– Is well respected in the community
– Is married, 2 children, owns home
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15. Perpetrator’s History
Perpetrator's Employment
Perpetrator's Criminal History
History
Never Never
charged or Punished or
6% 7% convicted Terminated
5%
12%
Charged but Previously
not 83% Punished
87%
convicted
Prior Previously
Convictions Terminated
15
17. Victim Organizations
Organization Type of Victim - Median Loss
Not-for-Profit
Type of Victim Organization
Government
2008
2006
Public Companies
Private Companies
$0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000
Median Loss
17
18. Victim Organizations
Size of Victim Organization - Frequency
<100
Number of Employees
100 - 999
2006
2008
1,000 - 9,999
10,000+
0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% 40.0% 45.0%
Percent of Cases
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19. Victim Organizations
Primary Internal Control Weakness Observed by CFE
Lack of Reporting Mechanism
Lack of Employee Fraud Education
Most Important Contributing Factor
Lack of Clear Lines of Authority
Lack o f Independent Audits
Lack of Competent Oversight
Poor Tone from the Top
Override of Existing Controls
Lack of Management Review
Lack of Internal Controls
0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% 40.0%
Percent of Cases
19
20. What is a RED FLAG of Fraud?
A red flag is a set of circumstances that are
unusual in nature or vary from normal activity.
It is a signal that something is out of the
ordinary and may need to be investigated
further. These are warning signs.
Some Red Flags are easily discerned, while
others may be more subdued and/or
concealed.
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22. How Costly is Fraud
The direct amount that is misappropriated is
oftentimes only a small portion of the cost to an
organization.
Intangible Costs
– Distraction of organization
– Employee morale
– Embarrassment
– Loss of customer confidence
22
23. Red Flags
Knowing how to spot and investigate Red Flags is
imperative in a proactive fraud deterrence program.
Learn to spot the behavioral and data red flags.
When red flags are present, investigate and
document.
Data mining is an effective tool for identifying red
flags in the company data files
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24. Behavioral Red Flags
Fraudsters oftentimes demonstrate behaviors
that may serve as warning signs
Some perpetrators may act irritable, may
spend lavishly or become secretive.
The presence of these signs do not, in and of
itself, indicate fraud is occurring
Management and anti fraud professionals
should be trained to identify potential warning
signs so that they may be investigated.
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27. Cash Fraud
Red Flags
Discrepancies between cash count and account
balance
Mutilated/destroyed cash register receipts
Employee working from open cash drawer
Unexplained inventory adjustments
Unexplained increase in the use of petty cash
Personal checks included in cash funds
Unusual journal entries affecting cash accounts
Differences between daily receipts and bank deposits
“Less Cash” line on deposit tickets indicates cash
taken
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28. Accounts Receivable Fraud
Red Flags
Customer complaints regarding amounts owed
Discrepancies between deposit tickets and customer
records
Different dates between deposits and customer
payments
Unusual discounts or credits
Increase in delinquent accounts
Increase in the amount of write-offs
Receivables with unusual characteristics
Customers with unusual name, address or phone
number
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29. Inventory Fraud
Red Flags
Unexplained inventory shrinkage
Excessive inventory adjustments
Decrease in gross margins
Unusual journal entries to inventory
Unusual trash removal practices
Increase in credit memos
Temporary workers with access to
inventory
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30. Fixed Asset Fraud
Red Flags
Unusual or unexpected asset purchases
Missing assets
Unusual increases in repairs and
maintenance on assets that could be subject
to personal use
Unusual fluctuations in depreciation accounts
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31. Accounts Payable/Vendor
Fraud
Red Flags
Higher-than-usual costs or expenses
Vendor complaints
Altered or modified vendor invoices
Unexplained fluctuations in payables
Unusual vendor names and addresses
Unusual payees on checks
Discrepancy between payees on checks and check
register
Unusual increase in purchases from vendor(s)
Copies of vendor invoices instead of originals
Missing cancelled checks
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32. Payroll Fraud
Red Flags
Unusual fluctuations in payroll expense or hours
Checks to employees with minimal personnel records
Missing payroll checks
Number of paychecks do not match the number of
employees
Employee complaints regarding W-2 amounts
Employees who pick up paychecks for other
employees
Highly compensated employees who elect no
withholdings
Dual endorsements on cancelled payroll checks
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33. Expense Reporting
Fraud
Red Flags
Improper or inadequate receipts underlying expenses
Information on expense report differs from receipts
Photocopies of expense receipts submitted instead of
originals
Repeated entertainment expenses with customer with
no associated business
Failure to utilize company credit cards when available
Expenses submitted not in line with other employees
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34. The Perpetrators
Fraud Schemes By Accounting Personnel
Register Disbursements
Payroll
Cash Larceny
Fraudulent Statements
Type of Scheme
All Cases
Cash on Hand
Accounting
Expense Reimbursement
Check Tampering
Non-Cash
Skimming
Billing
Corruption
0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0
Percent of Cases
34
35. Reduce Risk of Fraud:
Tools of Protection
Segregation of Duties
Environment
Internal Control Procedures
35
36. Segregation of Duties
• No employee should be in a position to commit
fraud and then conceal it
• Example: Person collecting/receipting cash
should not:
• Post cash receipts to the general ledger system
• Process cash disbursements
• Prepare billings
• Make bank deposits, wire transfers
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37. Environment
The same rules apply to all
Don’t belittle internal control procedures
Don’t allow management to override
procedures
Be alert to employee’s outside interests
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38. Internal Controls – Who?
As the owner, you are pulled in a variety
of directions
Need to focus on the overall business
No experience in creating controls
As the “Finder” you can’t be constantly
involved in “Minder” activities
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39. Controls - Part-time CFO
Experienced partner to CEO
Knowledgeable in creating controls and
enforcing controls
Enables the “Finder” to concentrate on
building the business
Cost effective alternative – can help build
sales and gross margins
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40. Controls - Part Time CFO
Physical security
Segregation of duties
Employee monitoring
Surprise audits
Job rotation
Examination of Documentation
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41. Your Bank – Account Control
Specify what, if any, ACH debits can hit your
accounts
Require 2 signatures for any outbound wire
Make sure they don’t give cash back on business
deposits
Make sure they only deposit to business accounts
Use a “token” for all account inquiries
Only signors should access accounts
Positive Pay and Reverse Positive Pay
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42. Suspected Fraud ?
•Seek out a Fraud Practitioner…
– Type of fraud:
– Employee fraud - dismissal or prosecution of employees?
– Vendor fraud?
– Any misconduct involving a high-level officers, executives or
managers
– Financial reporting fraud?
– Complaints involving the Foreign Corrupt Practices Act (FCPA)
– Certain industry practices
•Who should be in the know before any action is
taken?
•How was the (potential) fraud detected?
•Involvement of authorities?
43. Legal Considerations of Fraud
Intentionally false representation
– Not an error
– Lying or concealing actions
– Pattern of unethical behavior
Personal material benefit
Organizational or victim loss
43
44. Summary
Anyone can be a Fraudster – they tend to be
the most trusted employee
Fraud Prevention Checkup
Most Frauds are discovered by accident or tips
Be vigilant for Red Flags
Part Time CFO will create and enforce internal
and external controls
Your Bank has many tools to prevent fraud
Have a game plan for when fraud is suspected
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45. Contact Information
David Buslee
Partner
B2BCFO LLC
(262) 271-2522
dbuslee@b2bcfo.com
Paul Rodrigues
Principal
Chortek and Gottschalk
(262) 522-8227
PRodrigues@c-gcpa.com
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Notas del editor
I want to educate your so that you can see what may be happening, or about to happened, in your own company. And yes, I want to scare you, because most companies who experience this have become complacent in their bad practices. As Andy Grove, chairman of Intel once said, only the paranoid survive, I want you to be sufficiently paranoid that good practices don’t become corrupted by shortcuts. And for those of you who question your current practices – to provide some of the recognized “best practices” in dealing with fraud and its causes.
First, we need to understand what fraud is.(read slide)And Fraud can be one of Omission – leaving out important facts that, if know, would have made you act differently had you known them.
There are some common myths regarding fraud – the persistence of those myths confirms that “Denial” isn’t just a river in Egypt.
Opportunity - Generally provided through – the only thing that the company can changeweaknesses in the internal controls. Someexamples include inadequate or no:Supervision and reviewSeparation of dutiesManagement approvalSystem controlsPressure - Can be imposed due to:Personal financial problemsPersonal vices such as gambling, drugs, extensive debt, etc.Unrealistic deadlines and performance goalsProblems come and go. A good employee can be subjected to pressure due to events which occur after the employee is hiredRationalization - Occurs when the individual develops a justification for their fraudulentactivities. The rationalization varies by case and individual. Some examples include: “I really need this money and I’ll put it back when I get my paycheck”“I’d rather have the company on my back than the IRS”“I just can’t afford to lose everything – my home, car, everything”One of the most powerful rationalizations occurs when owners and managers fail to follow their own rules, setting the example that employees come to expect as being the NORM.
Management Attitude - Do Nothing- Not my problem- It’s too embarrassing for the department, institution, etc…Who wants the bad press of an investigationScreening - Culture Index - By identifying the capabilities of every employee and prospective employee, Culture Index can prevent hiring mistakes, solve turnover problems, communication problems and morale problems.Credit Checks People need to sign off on credit check Spend more than earningNo written policies or procedures- low priority for the establishment of internal controls- no separation of duties- inadequate cash controls - documents- inadequate physical security for assets and records- no independent inventory of assets - recording and review of overages and shortages
They can be purchasing agents, salesmen, accountants, shipping clerks, VP of Operations – almost anyone in the organization can commit fraud against the organizatio
Occupational fraudsters are generally first time offenders. Only 7% had prior convictions and only 12% had been previously terminated by an employer for fraud-related conduct.Resume inconsistencies Open spaces in resumes Few frauds are prosecuted Rarely do a criminal background Most aren’t prosecuted 83% never terminated or punished Out of court settlements
Koss – external audit 4%. They are required to have a mind set of the potential for fraud “material mis-statements”.Tip or accident is 65%.