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“New” Misconduct
Challenges and Solutions for Investigating as We Move to a
New Normal
Ken McCarthy, President, Integrity By McCarthy Inc.
July 22, 2020
2
Overview
• Current Environment
• Client Struggles
• Types of Misconduct
• Why People Commit Misconduct
• Risks
• Fraud Triangle
• Insider Threat
• Future Environment
• Anatomy of Misconduct
• Client Needs
• Need to Adapt
• New Misconduct
3
What impact has the pandemic had on the volume of incidents or
investigations that you are involved in?
a. I am involved in fewer incidents or investigations than before.
b. I am involved in more incidents or investigations than before.
c. I am involved in the same number of incidents or
investigations as before.
d. Don’t know / Not Applicable.
Poll Question # 1
4
How certain are you that there will be a need for workplace
investigations in the future?
a. I am absolutely certain.
b. I am somewhat certain.
c. I am worried about the future.
d. Don’t know / Not Applicable.
Poll Question # 2
5
Let’s Go Back to March 11, 2020…
• Pandemic was officially declared
• Governments and employers responded
• Client needs changed
• Investigator workloads changed
• Landscape of complaints shifted
6
Current Environment
7
What Your Clients Are Struggling With
• Incidental support mechanisms and sounding boards
• Stress on stress
• Invisible misconduct
• Health and safety gaps
• Unattractiveness of the “new normal”
8
Contributors to Present-Day Misconduct
• Weak or non-existent plans and policies
• Lack of presence and controls
• Maslow’s Hierarchy of Needs
• Grieving the loss of what used to be
• Exploitation and intensification
• Have’s and Have not’s
9
COVID Misconduct
• Time and attendance fraud
• Neglect of duty
• Loss or compromise of assets or information
• Harassment
• Discrimination
• Psychological violence
10
COVID Misconduct (continued)
• During video calls…
– Isolation
– COVID-19 appearance changes
– Inappropriate comments
– Unwelcome side-bar advances
– “Zoom-bombing”
11
Why People Commit Misconduct
12
Fraud Triangle and Misconduct
Fraud - “The use of one’s occupation for
personal enrichment through the
deliberate misuse or misapplication of the
organization’s resources or assets.”
Association of Certified Fraud Examiners
(ACFE)
Fraud simply put – “An intentional act to
secure an unfair or unlawful gain.”
Model can explain most misconduct
Trusted persons become trust violators when they conceive of themselves as having a financial problem which
is non-shareable, are aware this problem can be secretly resolved by violation of the position of financial trust,
and are able to apply to their own conduct in that situation verbalizations which enable them to adjust their
conceptions of themselves as trusted persons with their conceptions of themselves as users of the entrusted
funds or property.1
1Donald R. Cressey, Other People's Money (Montclair: Patterson Smith, 1973) p. 30.
13
Fraud Triangle and Misconduct (continued)
Pressure
• COVID-19 pandemic.
• Medical bills.
• Expensive taste.
• Addiction.
• High personal debt or
credit.
• Greed and
Entitlement.
Opportunity
• Lack of controls,
monitoring and
oversight.
• Can move
undetected.
• Your position gives
you access and
authority.
Rationalization
• I don’t care.
• I need the money.
• It’s not hurting
anyone.
• The boss can afford
it.
• I have earned it.
14
ACFE Report (June 2020)
“Fraud in the Wake of COVID-19:
Benchmarking Report”
• Present situation opens the door to
the increased pressure, opportunity
and rationalization that can lead to
fraud.
• As of May 2020, there had already
been an increase in fraud levels.
• There is an expectation of a
significant increase through to May
2021
• Greatest risk is cyberfraud (email
compromise, hacking, ransomware,
and malware)
15
ACFE Report (continued)
16
Insider Threat and Corruption
“An employee or a contractor will use his or her
authorized access, wittingly or unwittingly, to do
harm to the security of the United States.
(Department of Homeland Security)
“Any person with authorized access who causes
harm, intentionally or otherwise, to the assets of an
organization.” (Public Safety Canada)
• Personal crisis
• Unusual conduct
• Predisposing personality traits
• Cultivation and elicitation techniques
17
So What?
How do we use the Fraud Triangle and Insider Threat Model?
• Risks and indicators
• Controls and gaps
• Prevention and reporting programs
• Training and awareness
• Insights and clues for lines of inquiry
18
Future Environment
19
Anatomy of Misconduct
Incident
Complaint
Filed
Day 0
Day 14 Day 45 Day 150 Day 180
Analysis and
Procurement
Investigation
and
Correction
Restoration
and
Restitution
Have you ever considered what happens outside of an investigation?
20
Costs of Misconduct
(excluding the costs of any compromise
and costs to organizational reputation)
Extended sick leave
Productivity losses
People Factor
Management Hands - On
Legal and Professional Support
$0
$50
$100
$175
$250
$0
$50
$100
$150
$200
$250
$300
Incident Discovery Analysis and
Procurement
Investigation
and Correction
Restoration
Direct and Indirect Costs (000)
Direct and Indirect Costs (000)
21
Your Clients’ Needs
• Needs have changed
• COVID costs money
• They don’t see what they don’t see
• External, internal and philosophical motivations
22
“New Normal” Work Environment
• Continued remote and virtual work
• Small brick and mortar
• Collaborative hubs
• Health and Safety protocols
• Have’s and Have not’s
23
Transitional & Post Pandemic
Investigations
• Discrimination and Harassment
• Physical and Psychological Violence
• Policy
• Fraud
• Insider threat and corruption
• Neglect of duty
24
Transitional & Post Pandemic
Investigations (continued)
Ways that you will be interacting:
• Remote, virtual and protected
• New techniques
• Varying tools
25
Transitional & Post Pandemic
Investigations (continued)
Evidence Sources:
• Devices
• Social media
• Third party and client data
• Witnesses
26
Transitional & Post Pandemic
Investigations (continued)
Realities you will have to face:
• Credibility assessments
• Client missteps
• Accessing evidence
• Calm before the storm
• People are people
27
What You Need to Do Right Now
If you are a Business Leader
1. Vulnerabilities
2. Unseen issues
3. Best investments
If you are a Human Resources Leader
1. Current risks and trends
2. Welfare manager model
3. Front-line leaders
If you are a Workplace Investigator
1. Client understanding
2. Process certainty
3. Adaptability
If you wish to discuss any part of the webinar, please contact me at
kenneth@integritybymccarthy.ca or through https://integritybymccarthy.ca
28
Closing thoughts
• Our world has changed
• Your clients still need you, more than ever
• We have not yet seen everything that has happened in the past
months
• We will need to be adaptable moving forward
• We will be tackling areas that we had not explored before
If you wish to discuss any part of the webinar, please contact me at
kenneth@integritybymccarthy.ca or through https://integritybymccarthy.ca
29
Thank-you for participating
Ken McCarthy
kenneth@integritybymccarthy.ca
@McCarthyk_PCI
https://www.linkedin.com/in/kenneth-mccarthy-pci/
Contact i-Sight
j.gerard@i-sight.com
Find more free webinars:
http://www.i-sight.com/resources/webinars
@isightsoftware
30

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“New” Misconduct Challenges and Solutions for Investigating as We Move to a New Normal

  • 1. “New” Misconduct Challenges and Solutions for Investigating as We Move to a New Normal Ken McCarthy, President, Integrity By McCarthy Inc. July 22, 2020
  • 2. 2
  • 3. Overview • Current Environment • Client Struggles • Types of Misconduct • Why People Commit Misconduct • Risks • Fraud Triangle • Insider Threat • Future Environment • Anatomy of Misconduct • Client Needs • Need to Adapt • New Misconduct 3
  • 4. What impact has the pandemic had on the volume of incidents or investigations that you are involved in? a. I am involved in fewer incidents or investigations than before. b. I am involved in more incidents or investigations than before. c. I am involved in the same number of incidents or investigations as before. d. Don’t know / Not Applicable. Poll Question # 1 4
  • 5. How certain are you that there will be a need for workplace investigations in the future? a. I am absolutely certain. b. I am somewhat certain. c. I am worried about the future. d. Don’t know / Not Applicable. Poll Question # 2 5
  • 6. Let’s Go Back to March 11, 2020… • Pandemic was officially declared • Governments and employers responded • Client needs changed • Investigator workloads changed • Landscape of complaints shifted 6
  • 8. What Your Clients Are Struggling With • Incidental support mechanisms and sounding boards • Stress on stress • Invisible misconduct • Health and safety gaps • Unattractiveness of the “new normal” 8
  • 9. Contributors to Present-Day Misconduct • Weak or non-existent plans and policies • Lack of presence and controls • Maslow’s Hierarchy of Needs • Grieving the loss of what used to be • Exploitation and intensification • Have’s and Have not’s 9
  • 10. COVID Misconduct • Time and attendance fraud • Neglect of duty • Loss or compromise of assets or information • Harassment • Discrimination • Psychological violence 10
  • 11. COVID Misconduct (continued) • During video calls… – Isolation – COVID-19 appearance changes – Inappropriate comments – Unwelcome side-bar advances – “Zoom-bombing” 11
  • 12. Why People Commit Misconduct 12
  • 13. Fraud Triangle and Misconduct Fraud - “The use of one’s occupation for personal enrichment through the deliberate misuse or misapplication of the organization’s resources or assets.” Association of Certified Fraud Examiners (ACFE) Fraud simply put – “An intentional act to secure an unfair or unlawful gain.” Model can explain most misconduct Trusted persons become trust violators when they conceive of themselves as having a financial problem which is non-shareable, are aware this problem can be secretly resolved by violation of the position of financial trust, and are able to apply to their own conduct in that situation verbalizations which enable them to adjust their conceptions of themselves as trusted persons with their conceptions of themselves as users of the entrusted funds or property.1 1Donald R. Cressey, Other People's Money (Montclair: Patterson Smith, 1973) p. 30. 13
  • 14. Fraud Triangle and Misconduct (continued) Pressure • COVID-19 pandemic. • Medical bills. • Expensive taste. • Addiction. • High personal debt or credit. • Greed and Entitlement. Opportunity • Lack of controls, monitoring and oversight. • Can move undetected. • Your position gives you access and authority. Rationalization • I don’t care. • I need the money. • It’s not hurting anyone. • The boss can afford it. • I have earned it. 14
  • 15. ACFE Report (June 2020) “Fraud in the Wake of COVID-19: Benchmarking Report” • Present situation opens the door to the increased pressure, opportunity and rationalization that can lead to fraud. • As of May 2020, there had already been an increase in fraud levels. • There is an expectation of a significant increase through to May 2021 • Greatest risk is cyberfraud (email compromise, hacking, ransomware, and malware) 15
  • 17. Insider Threat and Corruption “An employee or a contractor will use his or her authorized access, wittingly or unwittingly, to do harm to the security of the United States. (Department of Homeland Security) “Any person with authorized access who causes harm, intentionally or otherwise, to the assets of an organization.” (Public Safety Canada) • Personal crisis • Unusual conduct • Predisposing personality traits • Cultivation and elicitation techniques 17
  • 18. So What? How do we use the Fraud Triangle and Insider Threat Model? • Risks and indicators • Controls and gaps • Prevention and reporting programs • Training and awareness • Insights and clues for lines of inquiry 18
  • 20. Anatomy of Misconduct Incident Complaint Filed Day 0 Day 14 Day 45 Day 150 Day 180 Analysis and Procurement Investigation and Correction Restoration and Restitution Have you ever considered what happens outside of an investigation? 20
  • 21. Costs of Misconduct (excluding the costs of any compromise and costs to organizational reputation) Extended sick leave Productivity losses People Factor Management Hands - On Legal and Professional Support $0 $50 $100 $175 $250 $0 $50 $100 $150 $200 $250 $300 Incident Discovery Analysis and Procurement Investigation and Correction Restoration Direct and Indirect Costs (000) Direct and Indirect Costs (000) 21
  • 22. Your Clients’ Needs • Needs have changed • COVID costs money • They don’t see what they don’t see • External, internal and philosophical motivations 22
  • 23. “New Normal” Work Environment • Continued remote and virtual work • Small brick and mortar • Collaborative hubs • Health and Safety protocols • Have’s and Have not’s 23
  • 24. Transitional & Post Pandemic Investigations • Discrimination and Harassment • Physical and Psychological Violence • Policy • Fraud • Insider threat and corruption • Neglect of duty 24
  • 25. Transitional & Post Pandemic Investigations (continued) Ways that you will be interacting: • Remote, virtual and protected • New techniques • Varying tools 25
  • 26. Transitional & Post Pandemic Investigations (continued) Evidence Sources: • Devices • Social media • Third party and client data • Witnesses 26
  • 27. Transitional & Post Pandemic Investigations (continued) Realities you will have to face: • Credibility assessments • Client missteps • Accessing evidence • Calm before the storm • People are people 27
  • 28. What You Need to Do Right Now If you are a Business Leader 1. Vulnerabilities 2. Unseen issues 3. Best investments If you are a Human Resources Leader 1. Current risks and trends 2. Welfare manager model 3. Front-line leaders If you are a Workplace Investigator 1. Client understanding 2. Process certainty 3. Adaptability If you wish to discuss any part of the webinar, please contact me at kenneth@integritybymccarthy.ca or through https://integritybymccarthy.ca 28
  • 29. Closing thoughts • Our world has changed • Your clients still need you, more than ever • We have not yet seen everything that has happened in the past months • We will need to be adaptable moving forward • We will be tackling areas that we had not explored before If you wish to discuss any part of the webinar, please contact me at kenneth@integritybymccarthy.ca or through https://integritybymccarthy.ca 29
  • 30. Thank-you for participating Ken McCarthy kenneth@integritybymccarthy.ca @McCarthyk_PCI https://www.linkedin.com/in/kenneth-mccarthy-pci/ Contact i-Sight j.gerard@i-sight.com Find more free webinars: http://www.i-sight.com/resources/webinars @isightsoftware 30