Upload
arnold-mcbride
View
216
Download
0
Tags:
Embed Size (px)
Citation preview
© Grant Thornton LLP. All rights reserved.© Grant Thornton LLP. All rights reserved.
Fraud Awareness Profiling Fraudsters and Current Fraud Schemes
Brian Lopez, CFE, MBA, CIDAZach Snickles, CPA, CFF, CITP
© Grant Thornton LLP. All rights reserved. 2
What is Fraud?
© Grant Thornton LLP. All rights reserved. 3
Definitions of “Fraud”
• Black’s Law Dictionary (8th Ed. 2004) - “A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. A misrepresentation made recklessly without belief in its truth to induce another person to act. A tort arising from a knowing misrepresentation made to induce another to act to his or her detriment.”
• ACFE - “The use of one’s occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization’s resources or assets.”
• AU-C 240 (SAS 122) - “Fraud is an intentional act that results in a material misstatement in financial statements that are the subject of an audit.”
© Grant Thornton LLP. All rights reserved. 4
What is Fraud?
“Fraud is an intentional misrepresentation of a material fact that is relied upon by someone to their detriment”Misrepresentation
Of a material factRelied upon by someoneTo his/her detriment
© Grant Thornton LLP. All rights reserved. 5
The Fraud Triangle
Rationalization/Concealment
Opportunity
Pressure/Incentive
© Grant Thornton LLP. All rights reserved. 6
The Fraud Triangle
• Incentives and Pressures– What are the incentives and pressures that drive financial
performance?• Opportunities
– How strong are internal controls, internal audit department and anonymous reporting programs?
• Rationalization/Concealment– Character, ethical values, integrity and how management
may justify their actions
© Grant Thornton LLP. All rights reserved. 7
Three Occupational Fraud Categories
Asset Misappropriation Corruption
Financial Statement
Fraud
Source: ACFE 2014 Report to the Nations
© Grant Thornton LLP. All rights reserved. 8
Uniform Occupational Fraud Classification System
Source: ACFE 2014 Report to the Nations
© Grant Thornton LLP. All rights reserved. 9
Fraud Quiz
• The least effective way to detect fraud is:a) External auditb) Whistleblower hotlinec) By accidentd) Internal audit
© Grant Thornton LLP. All rights reserved. 10
How is Fraud Detected?
Source: ACFE 2014 Report to the Nations
© Grant Thornton LLP. All rights reserved. 11
Internal Control Weakness Observed by CFEs
Source: ACFE 2014 Report to the Nations
© Grant Thornton LLP. All rights reserved. 12
Fraud Quiz
• How long, on average, does it take to detect most fraud schemes?a) 6 monthsb) 18 monthsc) 24 monthsd) 36 months
© Grant Thornton LLP. All rights reserved. 13
Gestation Period for Frauds to Be Detected
Source: ACFE 2014 Report to the Nations
© Grant Thornton LLP. All rights reserved. 14
Frequency and Loss by Type of Organization
Source: ACFE 2014 Report to the Nations
2014 Median Loss: $108,000
© Grant Thornton LLP. All rights reserved. 15
2014 Median Loss: $130,000
2014 Median Loss: $200,000
2014 Median Loss: $1,000,000
Frequency of Fraud by Type
Source: ACFE 2014 Report to the Nations
© Grant Thornton LLP. All rights reserved. 16
Misappropriation of Assets Schemes
• Examples of misappropriation of assets schemes:– Check Tampering (forged endorsement; alternate payee) – Cash skimming (“off-book” theft of cash)– Fictitious vendors (may involve collusion)– Over-billing schemes (services not rendered)– Kickback arrangements (tied to over-billings)– Expense account abuse (fewer $ but frequent)– Payroll fraud schemes (phantom employees)– Theft of inventory, fixed assets, or scrap
© Grant Thornton LLP. All rights reserved. 17
Misappropriation of Assets Related Risk Factors
• Personal financial obligations may cause pressure to commit fraud
• Adverse relationships between the entity and its employees
• Characteristics of the assets on hand (cash, size, etc.)• Inadequate safeguards of the assets• Inadequate internal controls
© Grant Thornton LLP. All rights reserved. 18
Common Fraud Red Flags
• Weaknesses in the system of internal control, reliance on one or few
• Significant audit adjustments or passed adjustments• Problematic tone at the top• Significant declines in customer demand• Indication that errors may have been caused by possible
manipulation• Hotline calls not followed up• Turnover of senior management or key employees in financial
reporting and internal audit• Unusual transactions entered into with outsiders
© Grant Thornton LLP. All rights reserved. 19
Profiling of Fraudsters
© Grant Thornton LLP. All rights reserved. 20
33%67%
Median Loss By Gender
Source: ACFE 2014 Report to the Nations
Losses attributed to males were 123% higher than losses caused by females.
Male fraudsters outnumbered females two to one.
Male Female
$185,000
$83,000
© Grant Thornton LLP. All rights reserved. 21
< 26 26-30 31-35 36-40 41-45 46-50 51-55 56-60 >60
$35,000$57,000
$90,000
$168,000 $153,000$190,000 $200,000
$238,000
$450,000
Age
Source: ACFE 2014 Report to the Nations
52% of fraudsters were between 31 and 45 years old, but older fraudsters tended to cause larger losses.
© Grant Thornton LLP. All rights reserved. 22
Median Loss By Education Level
Source: ACFE 2014 Report to the Nations
The higher the fraudster's level of education, the greater the losses tended to be.
High School Graduate or Less
$82,000
Some University
University Degree
Postgraduate Degree
$101,000
$200,000 $210,000
© Grant Thornton LLP. All rights reserved. 23
Median Loss By Tenure
Source: ACFE 2014 Report to the Nations
$220,000
$200,000
$100,000
$51,000< 1 Year
1 – 5 Years
6 – 10 Years
> 10 Years
The longer a fraudster had worked for a company, the more harm he or she was likely to cause.
© Grant Thornton LLP. All rights reserved. 24
Tenure
Source: ACFE 2014 Report to the Nations
7% of perpetrators committed fraud during their first year on the job. 53% had been with their organizations for more than five years.
40.7%
27.3%
25.2%
6.8%> 10 Years
< 1 Year
1 - 5 Years
6 - 10 Years
© Grant Thornton LLP. All rights reserved. 25
Position
Source: ACFE 2014 Report to the Nations
The majority of occupational frauds were committed by staff at the employee or managerial level.
Employee Manager Owner/Executive
42%36%
19%
© Grant Thornton LLP. All rights reserved. 26
Median Loss By Position
Source: ACFE 2014 Report to the Nations
The higher the fraudster's level of authority, the greater the losses tended to be.
$75,000Employee
$130,000Manager
$500,000Owner/Executive
© Grant Thornton LLP. All rights reserved. 27
2014 Median Loss: $130,000
2014 Median Loss: $200,000
2014 Median Loss: $1,000,000
Frequency of Fraud by Type
Source: ACFE 2014 Report to the Nations
© Grant Thornton LLP. All rights reserved. 28
Profiling of Fraudsters - Embezzlement
© Grant Thornton LLP. All rights reserved. 29
2013 Marquet Report on Embezzlement
• Most major embezzlers begin their schemes in their early 40s (43.9, on average)
• The average major embezzlement spans a 4.7 year period• Embezzlers are most likely to be individuals who hold
bookkeeping or finance positions (68.2% of all cases) • The financial services industry suffers the greatest losses from
embezzlement (more than 28.8% of all losses in the data) • Non-profits and religious organizations together account for
nearly one-eighth of all the incidents (11.9% of all cases)
*2013 Marquet Report on Embezzlement is based on an analysis of 2,698 cases from 2008 to 2013
© Grant Thornton LLP. All rights reserved. 30
2013 Marquet Report on Embezzlement
• Women are more likely to embezzle than men (61.1% vs. 38.9% overall in the data)
• Men embezzle significantly more than women ($1.8 million vs. $800,000, on average)
• The vast majority of embezzlements are caused by sole perpetrators (nearly 85% of all cases)
• More than 5 percent of major embezzlers have prior criminal histories
*2013 Marquet Report on Embezzlement is based on an analysis of 2,698 cases from 2008 to 2013
© Grant Thornton LLP. All rights reserved. 31
2013 Marquet Report on Embezzlement
• The most common embezzlement scheme involves forgery or unauthorized use of company checks (35% of all cases in which the method was known)
• California has experienced the greatest number of major embezzlements over the past six years (336 cases or 12.5% overall), followed by Michigan (141/5.2%), Pennsylvania (127/4.7%), New York (113/4.2%); Virginia (110/4.1%); and Texas (109/4.0%)
*2013 Marquet Report on Embezzlement is based on an analysis of 2,698 cases from 2008 to 2013
© Grant Thornton LLP. All rights reserved. 32
Fraud Quiz
• Which behavior would be the most indicative of a motivation to perpetrate a fraud or embezzle funds?a) Gamblingb) Family problemsc) Shopping addictiond) Lifestyle
© Grant Thornton LLP. All rights reserved. 33
Embezzlement Study – Motivating Factors*
*2013 Marquet Report on Embezzlement is based on 6 years of data in which the motivating factor could be guessed in 685 cases.
Motivation Cases %
Lavish Lifestyle 394 57.5%
Gambling Addiction 199 29.1%
Finance Business 30 4.4%
True Need 17 2.5%
Substance Addiction 11 1.6%
Romance 9 1.3%
Support Family Member 9 1.3%
Sense of Entitlement 7 1.0%
Shopping Addiction 7 1.0%
Coercion 2 0.3%
Total 685 100.0%
© Grant Thornton LLP. All rights reserved. 34
Embezzlement Study – Industries
*2013 Marquet Report on Embezzlement is based on 6 years of data for a total of 2,676 cases.
Industry Frequency % Total Amount % TotalFinancial Services 394 14.7% $925,121,000 28.8%
Non-profit & Religious Organizations
318 11.9% $174,395,000 5.5%
Government Entity 316 11.8% $298,901,000 9.3%
Healthcare 188 7.0% $159,009,000 4.9%
Manufacturing 175 6.5% $244,939,000 7.6%
Real Estate 139 5.2% $129,146,000 4.0%
Education 136 5.1% $112,561,000 3.5%
Professional Services 125 4.7% $135,843,000 4.2%
Construction 108 4.0% $130,035,000 4.0%
Business Services 72 2.7% $54,361,000 1.7%
All others 705 26.3% $848,748,000 26.5%
© Grant Thornton LLP. All rights reserved. 35
Embezzlement Study – Scheme by Gender
*2013 Marquet Report on Embezzlement is based on 6 years of data for a total of 2,676 cases. The data above represents 2,032 cases where the scheme and gender type of the perpetrator could be determined.
Scheme by Gender (6 years) Male % Frequency Female % FrequencyBogus loan scheme 44 5.5% 35 2.8%
Credit card/account abuse 50 6.3% 90 7.3%
Forged/unauthorized checks 215 26.9% 512 41.6%
Fraudulent reimbursement scheme 41 5.1% 40 3.2%
Inventory/equipment theft/conversion
21 2.6% 1 0.1%
Payroll shenanigans 45 5.6% 103 8.4%
Theft/conversion of cash receipts 148 18.5% 278 22.6%
Unauthorized electonic transfers 117 14.6% 135 11.0%
Vendor fraud scheme 119 14.9% 38 3.1%
TOTALS 800 100.0% 1232 100.0%
© Grant Thornton LLP. All rights reserved. 36
Current Fraud Schemes
© Grant Thornton LLP. All rights reserved. 37
Case Study 1 – Family Embezzlers
• One of the oldest embezzlers included in the Marquet study involved 80-year old Marilee Garrison and her 37-year old daughter Susan Hilgeman from Indiana.
• They were convicted of embezzling $290,000 from a non-profit Masonic affiliated women's group called "Evansville 555 Eastern Star".
• The mother served as treasurer from 2002 to 2008, followed by her daughter. The mother became the chapter's president.
• They drained the non-profit's accounts by writing checks to themselves and each other.
• Hilgeman forged bank statements to conceal the missing funds from other Eastern Star Members.
• Garrison was sentenced to 4 years of home detention and Higleman was sentenced to 3 years in prison.
© Grant Thornton LLP. All rights reserved. 38
Case Study 1 – Family Embezzlers
© Grant Thornton LLP. All rights reserved. 39
Case Study 1 – What are the fraud elements?
Rationalization/ Concealment
Opportunity
Pressure/Incentive
Lifestyle
Other Financial Problems?
Access to chapter's bank accounts
Position of authority as Treasurer and President
Forged Bank Statements
Money was donated and didn’t belong to anyone
© Grant Thornton LLP. All rights reserved. 40
Case Study 2 – Rubber Stamp
• Lorena Varela, 47, embezzled $427,000 from the Arc of Ventura County, which serves residents with developmental disabilities.
• She was the bookkeeper for the organization for 10 years and committed the fraud from 2004 to 2012.
• During the 8 years she was perpetrating the fraud at the organization, there were 500 separate acts of theft.
• She falsified electronic ledgers to show money had been paid to vendors and used a signature stamp of an authorized Arc signatory to actually pay the checks to herself.
• She relied on her hope that no one would look at the canceled checks that she made out to herself.
• The fraud was discovered by another employee who noticed a discrepancy between check and the ledger.
• When confronted with the fraud, she immediately broke down and admitted to what she did. Varela said she was going through a "life crisis and trying to save her house and marriage."
• Varela was sentenced to 4 years and 8 months in prison.
© Grant Thornton LLP. All rights reserved. 41
Case Study 2 – Benford's Law Analysis
Why do these values occur more often?
© Grant Thornton LLP. All rights reserved. 42
Case Study 2 – Benford's Law Analysis
19
99
98
15
97
96
© Grant Thornton LLP. All rights reserved. 43
Case Study 2 – What are the fraud elements?
Rationalization/ Concealment
Opportunity
Pressure/Incentive
LifestyleFailing marriage
Trust
Access check stock & signature stamp
Adjusted ledger
No one will ever find out
Lack of GL controls
© Grant Thornton LLP. All rights reserved.
Case Study 3 – Corrupt Official
• Rita Crundwell, former comptroller of the City of Dixon, IL, diverted $53 million of city funds to her own account over a span of 20 years. She pleaded guilty in November 2012 and was sentenced to 19 ½ years in prison. At the time of her arrest, she owned 400 horses.
• Ms. Crundwell was a trusted employee of the city since 1970. In 1983 she was promoted to the city comptroller/treasurer. This position gave her enormous control and power over the city’s money, from budgeting to initiating payments. In 1990, she started her scheme.
• How did she do it? Ms. Crundwell created an account named Reserve Sewer Development Account (RSCDA), and was the only signatory on the account. She had the ability to transfer city funds to the city’s Capital Development Fund, in addition to the ability to make payments from the fund. She then created fictitious invoices and submitted to the fund for payment. She made the checks out to “Treasurer” to pay these invoices, and would then deposit these payments to her RSCDA account. The bank assumed the account and the money were for the benefit of the city.
© Grant Thornton LLP. All rights reserved. 45
Case Study 3 – What are the fraud elements?
Rationalization/ Concealment
Opportunity
Pressure/Incentive
LifestyleEntitlement
Trust
Control & Access to City Funds Fake invoices
No one will ever find out
Separate Bank Account
© Grant Thornton LLP. All rights reserved.
Case Study 4 – Bad Investment
• A non-profit organization that provides outreach activities to inner city students had the majority of its endowment embezzled by it's financial advisor.
• The fraudster was a board member and trusted financial advisor for over 10 years.• The advisor lived a very extravagant lifestyle with many expensive cars, properties,
and art work. • He advised the non-profit to move the majority of it's investments into private
equity funds. Through these funds and via his unrestricted access to the organization's accounts, he embezzled almost $600,000.
• He was able to evade internal controls at the brokerage and wire large, round-dollar, sums of money into his personal account.
• The advisor falsified account statements to hide the fraud and used holding accounts to mask the transfers.
• When confronted, he suggested that some of the transfers were to cover "normal business expenses" and that he was going to pay the other money back.
• He and the brokerage are currently being investigated by authorities for embezzling approximately $2,000,000 from other clients.
© Grant Thornton LLP. All rights reserved.
Case Study 4 – Bad Investment
© Grant Thornton LLP. All rights reserved. 48
Case Study 4 – What are the fraud elements?
Rationalization/ Concealment
Opportunity
Pressure/IncentiveLifestyle
Trust
"Holding" accounts
Fraudulent account statements
Access to accounts
Was just borrowing the money
© Grant Thornton LLP. All rights reserved. 49
Additional Resources
• 2014 ACFE Report to the Nations– http://www.acfe.com/rttn/docs/2014-report-to-nations.pdf
• 2013 Marquet Report on Embezzlement– http://www.marquetinternational.com/pdf/Marquet-Release-12.19.1
4.pdf
© Grant Thornton LLP. All rights reserved. 50
Questions?
© Grant Thornton LLP. All rights reserved. 51
Contact Info
Brian Y. Lopez, CFE, MBA, CIDADirector – Los AngelesGrant Thornton [email protected]
Zach Snickles, CPA, CFF, CITPSenior Manager – PhoenixGrant Thornton [email protected]
© Grant Thornton LLP. All rights reserved.© Grant Thornton LLP. All rights reserved.
Thank You!