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What You Need to About
Occupational Fraud in Government
Ron Steinkamp, CPA, CIA, CFE, CRMA, CGMA314.983.1238 | [email protected]
© 2014 Brown Smith Wallace All Rights Reserved
6 Cityplace Drive Suite 900 │ St. Louis, Missouri 63141 │ 314.983.1200 1520 S. Fifth St., Suite 309│ St. Charles, Missouri 63303 │ 636.255.3000
2220 S. State Route 157, Ste. 300 │ Glen Carbon, Illinois 62034 │ 618.654.3100 1.888.279.2792 │ www.bswllc.com
Agenda
© 2014 All Rights Reserved Brown Smith Wallace LLC 2
• 2014 ACFE Global Fraud Study
• Reasons for Fraud
• Common Areas of Abuse in Government
• Fraud Case Study
• How to Prevent Fraud
• Fraud Prevention Self Assessment
2014 ACFE Global Fraud Study
2014 Report to the Nations on Occupational Fraud and Abuse
© 2014 All Rights Reserved Brown Smith Wallace LLC 3
What Is Occupational Fraud?
Occupational Fraud = The use of one’s occupation for personal enrichment through the deliberate misuse or application of the employing organization’s resources or assets.
Violation of trust.
Three general categories:
Asset misappropriations = those schemes in which the perpetrator steals or misuses an organizations resources. Most frequent and least costly scheme.
Corruption = employee’s use of his or her influence in business transactions in a way that violates his or her duty to the employer for the purpose of obtaining benefit for him or herself or someone else.
Financial Statement Fraud = intentional misstatement or omission of material information in the organization’s financial reports. Least frequent and most costly scheme.
© 2014 All Rights Reserved Brown Smith Wallace LLC 4
Summary of Findings
1. Typical organization loses 5% of annual revenue to fraud – applied to
2013 Gross World Product translates to potential fraud loss of more than
$3.7 trillion annually.
2. Median loss in the study was $145,000 with more than 22% of the cases
involving losses over $1 million.
3. Fraud lasted a median of 18 months.
4. Asset misappropriation schemes (fraudulent disbursements, theft of
cash receipts, other asset misappropriations) were the most common
form of fraud, representing 85% of the cases and least costly at a
median loss of $130,000.
5. Financial statement fraud schemes were the least common form of fraud,
representing 9% of the cases and most costly at a median loss at $1
million.© 2014 All Rights Reserved Brown Smith Wallace LLC 5
Summary of Findings (cont.)
6. Corruption schemes fell in the middle, comprising just over 37% of cases
and causing a median loss of $200,000.
7. Occupational frauds are most likely to be detected by tips (40%)
followed by management review (15%) and Internal Audit (14%).
8. Small organizations are disproportionately victimized by occupational
fraud.
9. Government/public administration was one of the most commonly
victimized industries.
10. Anti-fraud controls appear to help reduce the cost and duration of
occupational fraud schemes.
11. High-level perpetrators cause the greatest damage to their
organizations.© 2014 All Rights Reserved Brown Smith Wallace LLC 6
Summary of Findings (cont.)
12. 77% of frauds were committed by individuals in one of six departments: Accounting Operations Sales Executive/upper management Customer service Purchasing Finance
13. More than 85% of fraudsters had never been previously charged or
convicted for a fraud-related offense.
14. Fraud perpetrators often display warning signs – most common
behavioral red flag reported in the survey were perpetrators living
beyond their means (36%) and experiencing financial difficulty (27%).
15. Nearly half of victim organizations do not recover any losses that they
suffer due to fraud.
© 2014 All Rights Reserved Brown Smith Wallace LLC 7
Conclusions and Recommendations
Occupational fraud is a universal problem – trends in fraud schemes, perpetrator characteristics and anti-fraud controls are similar regardless of where the fraud occurred.
The longer frauds last, the more financial damage they cause. Proactive detection methods – hotlines, management review procedures, internal audits, employee monitoring mechanisms – are vital in catching frauds early and limiting losses.
Small businesses/organizations are disproportionately victimized by fraud and under protected by anti-fraud controls.
External financial audits are among the least effective controls in combating fraud – primary detection method of fraud in 3% of cases versus 7% of cases detected by accident.
Many of the most effective anti-fraud controls are being overlooked – data monitoring and analysis, surprise audits, fraud risk assessment.
Majority of fraudsters are first-time offenders – don’t over rely on background checks.
© 2014 All Rights Reserved Brown Smith Wallace LLC 8
Fraudsters exhibit behavioral warning signs of their misdeeds. For example:
Living beyond their means. Financial difficulties. Exhibiting control issues – unwillingness to share duties. Unusually close relationship with vendor/customer. Wheeler dealer attitude. Family problems. Irritability, suspiciousness or defensiveness. Addiction problems. Refusal to take vacation. Etc.
Conclusions and Recommendations (cont.)
© 2014 All Rights Reserved Brown Smith Wallace LLC 9
Common Characteristics of Fraud
Pressure or incentive – need the fraudster is trying to satisfy.
Opportunity – ability to commit the fraud. Organizations can influence this characteristic the most = strong internal controls that avoid putting employees in positions to commit fraud and that detect fraudulent activities if they occur.
Rationalization – ability to justify the fraud.
AKA = Fraud Triangle
© 2014 All Rights Reserved Brown Smith Wallace LLC 11
Red Flags
Pressure or Incentive (NEED) “Red Flags”
High personal debts Live beyond means Excessive investment speculation Excessive gambling Substance abuse Extra-marital affairs Job frustration Resentment of superiors
Opportunity “Red Flags” Inadequate internal controls Too “cozy” with suppliers Annual vacations or sick days not taken Weak management or excessive turnover Ineffective or no internal audit No rotation of job duties among employees Procedures not well understood/always in “crisis
mode” Large amounts of cash on hand or processed
Rationalization “Red Flags” Not compensated fairly Everyone else does it Intended to pay it back Needed the money Felt cheated and wanted
revenge Bribe or kickback was too
tempting
© 2014 All Rights Reserved Brown Smith Wallace LLC 12
• Skimming• Check Tampering • Billing Schemes• Fraudulent Expense Reimbursement• Payroll Fraud• Bribery and Conflicts of Interest
© 2012 All Rights Reserved Brown Smith Wallace LLC 13
Common Areas of Abuse in Government
Employee steals cash from the employer before it is recorded on the employer’s books and records. Skimming typically occurs when an employee:
• Has access to customer payments• Directs intercepted receipts to personal
accounts
© 2012 All Rights Reserved Brown Smith Wallace LLC 14
Skimming
How can skimming be prevented/detected? • Segregate cash receipts and accounting
responsibility.• Issue receipts.• Track receipts in system and reconcile daily.• Surprise cash counts.• Cameras.
© 2012 All Rights Reserved Brown Smith Wallace LLC 15
Skimming
Any scheme in which an employee steals employer’s funds by:
• Forging or altering a check on the employer’s bank account.
OR• Stealing a check the organization has
legitimately issued to another payee.
© 2012 All Rights Reserved Brown Smith Wallace LLC 16
Check Tampering
How can check tampering be prevented/detected?• Check stock should be locked in a secure
location to ensure blank checks are not accessible to potential fraudsters.
• Checks should be mailed immediately after signing to reduce the risk of legitimate checks being stolen.
• Positive pay.• Bank reconciliations.
© 2012 All Rights Reserved Brown Smith Wallace LLC 17
Check Tampering
Billing schemes occur when an employee submits a false invoice or alters an existing one, thus causing the employer to willingly (but unknowingly) issue a check for false expenses.
© 2012 All Rights Reserved Brown Smith Wallace LLC 18
Billing Schemes
How can billing schemes be prevented/detected?• Prior to authorizing payment, invoices should be checked
for validity of the vendor, validity of the goods or services invoiced, accuracy, and authenticity.
• Prior to processing payment, invoices should be checked for proper authorization, accuracy and authenticity. This will prevent overpayment, as well as payments being made to fictitious vendors.
• Strictly control access to vendor master data.• Regular vendor master file analysis.
© 2012 All Rights Reserved Brown Smith Wallace LLC 19
Billing Schemes
Expense reimbursement schemes occur when an employee submits false expenses in the hope of being reimbursed.
© 2012 All Rights Reserved Brown Smith Wallace LLC 20
Fraudulent Expense Reimbursements
How can fraudulent expense reimbursements be prevented/detected?• Expense reimbursement policy.• Require original itemized receipts.• Receipts should be scrutinized to detect alterations or
forgeries.• Other means of proving incurred expenses, such as
airline itineraries, credit card statements, etc. should not be accepted unless approved by a supervisor.
• All expense reimbursements should be reviewed and immediately processed upon approval.
• Use a specific credit card for all business expenses. Receive this information electronically from credit card company and require electronic filing of expense reports by employees. This will minimize the possibility of fraud, and if fraud is occurring, will provide an easier means to identify it.© 2012 All Rights Reserved Brown Smith Wallace LLC 21
Fraudulent Expense Reimbursements
Payroll fraud occurs when an employee submits false documentation (i.e. timecards) in an effort to inflate his/her wages/salary. Such documentation prompts the organization to unknowingly disburse funds to the perpetrator.
Possible ways in which Payroll Fraud can occur:• Falsified hours and salary• Ghost employees
© 2012 All Rights Reserved Brown Smith Wallace LLC 22
Payroll Fraud
How can payroll fraud be prevented/detected? • All timecards should be reviewed for validity and
accuracy.• Once submitted for approval, employees should never
see their timecard again. • Overtime hours must be authorized by a supervisor.• If employees use a time clock to “punch in” and “punch
out”, they must do so when they arrive for work, take breaks, go to lunch, leave for the day, etc.
• Monitor employees to assure one employee is not punching out for another.
• Strictly control access to payroll master data.
© 2012 All Rights Reserved Brown Smith Wallace LLC 23
Payroll Fraud
Schemes involving the employee’s use of his/her influence in transactions in a way that violates duty to the employer for the purpose of obtaining a benefit for themselves or someone else.
© 2012 All Rights Reserved Brown Smith Wallace LLC 24
Bribery and Conflicts of Interest
How can bribery and conflicts of interest be prevented/detected? • Strong ethics and conflict of interest policy.• Required reporting of potential conflicts of interest.• Limiting gifts from vendors and contractors.
© 2012 All Rights Reserved Brown Smith Wallace LLC 25
Bribery and Conflicts of Interest
City Comptroller embezzled $53 million from 1990-2012.
Facts• City of 15,000 south of Chicago.• Home of Ronald Reagan.• Annual City budget $20 million.
How did she do it?• Opened bank account and transferred in City funds from
other accounts.• Used funds to pay for her personal and private business
expenses – horse farming operations, personal credit cards, real estate and vehicles.
• Fooled the auditors by creating fictitious invoices from State of Illinois.
© 2012 All Rights Reserved Brown Smith Wallace LLC 27
Dixon, Illinois
How was it detected?• Comptroller took 12 weeks of approved vacation.• Interim replacement received bank account and
determined transactions had nothing to do with City business.
Warning signs• Her lifestyle changed from modest to lavish.• Inadequate segregation of duties.
© 2012 All Rights Reserved Brown Smith Wallace LLC 28
Dixon, Illinois (continued)
Lessons Learned• Segregate duties.• New bank accounts approved by the Mayor and Council.• Two responsible members of management approve all
invoices.• Payments exceeding a certain amount require two
signatures.• City Council reviews and approves all fund transfers.• Mayor and Council review and discuss financial reports
and audits.• Anti-fraud orientation provided to all new employees.• Mandatory annual fraud reorientation for all employees.• Anonymous fraud hotline.• Mandatory job rotation.• Mandatory annual vacations.• Surprise audits.
© 2012 All Rights Reserved Brown Smith Wallace LLC 29
Dixon, Illinois (continued)
• Create an anti-fraud environment
• Know your fraud risks
• Develop an oversight process
© 2014 All Rights Reserved Brown Smith Wallace LLC 30
How to Prevent Fraud
© 2014 All Rights Reserved Brown Smith Wallace LLC 31
Create an Anti-Fraud Environment
Set the Tone at the Top
• Hold elected officials and management responsible
• Lead by example
• Behave ethically
• Openly communicate expectations to employees
• Maintain a zero tolerance policy
• Treat all employees equally, regardless of position
• Enforce a code of conduct founded on integrity
© 2014 All Rights Reserved Brown Smith Wallace LLC 32
Create an Anti-Fraud Environment
Create a Positive Workplace Environment
• Poor employee morale can affect attitudes about committing fraud
• HR is instrumental in helping to build a positive work environment
• Employees should be empowered to help create a positive workplace
© 2014 All Rights Reserved Brown Smith Wallace LLC 33
Create an Anti-Fraud Environment
Hire and Promote Appropriate Employees
• Conduct background investigations; verifying education, employment history and references
• Give regular performance reviews
• Perform an objective compliance review of your code of conduct and ethic policies at consistent intervals Address violations immediately
© 2014 All Rights Reserved Brown Smith Wallace LLC 34
Create an Anti-Fraud Environment
Fraud Awareness / Training
• All new employees should be trained upon hiring on values and code of conduct
• Offer periodic refresher training for all employees
© 2014 All Rights Reserved Brown Smith Wallace LLC 35
Create an Anti-Fraud Environment
Confirmation
• Clearly articulate that all employees are held accountable to act within the code of conduct
• Have a written Code of Conduct statement
Discipline
• Actions should be taken in response to any alleged incident of fraud
• Expectations about the consequences of committing fraud must be clearly communicated throughout the entity
© 2014 All Rights Reserved Brown Smith Wallace LLC 36
Know Your Fraud Risks
• Identify and measure fraud risks
• Mitigate fraud risks
• Implement and monitor appropriate internal controls
To effectively prevent or deter fraud, an entity should have an appropriate oversight function in place that includes the following:
• Audit committee
• Management
• Internal auditors
• Independent auditors
• Certified fraud examiners
© 2014 All Rights Reserved Brown Smith Wallace LLC 37
Develop An Oversight Process
Ron Steinkamp, CPA, CIA, CFE, CRMA, CGMA
Principal, Risk Advisory Services
Brown Smith Wallace LLC
314.983.1238 (Direct)
© 2014 All Rights Reserved Brown Smith Wallace LLC
Contact Information