2013 12-12 Nonprofit Fraud Part 3

NONPROFIT FRAUD: WHAT YOU NEED TO KNOW

PART III: THE PREVENTION

December 12, 2013

Lawrence J. Hoffman, CPA/CFF, CVA, CFESenior Partner and Director of Forensic Consulting Services

Leslie C. Kirsch, CFEManager, Forensic Accounting Services

Part III: The Prevention* Page 2

OBJECTIVESNONPROFIT FRAUD: THREE-PART SERIES

PART I: THE FRAUD• Why it is important that you are educated in fraud• The magnitude of fraud in nonprofits• The types of frauds in nonprofits• Why does fraud occur in nonprofits• Some important fraud prevention takeaways

PART II: THE DETECTION• Who are the fraud perpetrators?• Why do people commit fraud?• How is fraud detected?• What are fraud red flags?• Fraud detection techniques• What do you do when you uncover fraud?

PART III: THE PREVENTION• What are the primary factors contributing to fraud in nonprofits?• Detective versus preventative controls• What are the best preventative measures?• The five critical takeaways!

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AGENDA

• What are the best preventative measures and controls?

• Key internal controls

• Conducting a fraud risk assessment

• Implementing a fraud prevention program

• The five critical takeaways!

Part III: The Prevention* Page

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WHAT ARE THE BEST PREVENTIVE MEASURES AND CONTROLS?

THE COMMON ELEMENT IN EVERY FRAUD!


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THE BEST PREVENTIVE MEASURE!

HIRE ONLY HONEST, ETHICAL AND MORAL PEOPLE!


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FRAUD IS A PEOPLE PROBLEM!

• Are you hiring fraudsters?

• Are you enabling someone predisposed to commit fraud?

• Is your organization’s environment promoting fraud?

• Does your organization’s system of internal controls provide the opportunity to commit fraud?

• Is your organization educated and aware of fraud schemes and red flags?

• Do you have a process that provides your employees and others to report possible fraud and abuse?

• Does your organization tolerate fraud? Do you have a zero tolerance policy for fraud?



REVIEW OF COMMON PREVENTIVE CONTROLS

PREVENTIVE CONTROLS

Preventive controls attempt to deter or prevent undesirable events from occurring. They are proactive controls that help prevent a loss.

DETECTIVE CONTROLS

Detective controls, on the other hand, attempt to detect undesirable acts. The provide evidence that a loss has occurred but do not prevent a loss from occurring.

Detective techniques should be used to uncover fraud events when preventive measures fail or unmitigated risks are realized.

Effective Preventive Measures Serve as Strong Deterrents

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1. Internal Controls

•design your system and procedures so you do not have to rely on trust as a control!

• remember any person is capable of committing fraud!•keep in mind the persons role and access to commit fraud!•you must segregate the recordkeeping and the custody of the assets!

•do you have adequate oversight controls?

REMEMBERTRUST IS NOT AN INTERNAL CONTROL!


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2. Tone from the Top!

•What is your “control environment”?•Do you have a strong internal control system?•Directors and officers need to set the tone for ethical behavior

•How effective is your Audit Committee?

•If unethical behavior is tolerated at the top you can be assured it is happening in the rest of the organization!


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3. Know Your Employees!

•Background checks and investigations-know who you are hiring!

– how well do you know that person?– what due diligence are you doing?– do you believe their resume?– not just a one-time occurrence!

•Know your employees and what they are doing– executives and managers need to pay attention

and spend time with their employees-be engaged!– establish that baseline!

•Perform exit interviews– what do employees leaving tell you?– what do you ask them?


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TRUST BUT VERIFY EMPLOYEE BACKGROUNDS...


http://youtu.be/Fop0ctQXAh4

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4. Fraud Prevention Program

• Fraud risk assessment• Fraud awareness and ongoing training for all levels of the

organization• Reporting mechanisms and whistle-blower protections• Investigation / response process• Board and audit committee oversight• Conflict resolution• Communications• Continuous monitoring• Employer-provided employee assistance services (financial

counselors etc.)• Evaluate performance and compensation programs

– do they promote fraud and abuse?– are they fair and provide incentive for performers and hard work?


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5. Your Employees Eyes and Ears!

•tips are number one method for detecting fraud!•establish a formal written whistleblower policy

-procedures for receiving complaints-procedures for investigating complaints-policy for protecting whistleblowers-confidentiality polices for whistleblowers-role and responsibilities of audit committee-educating employees on the policy

•establish independent hotline for tips!


You must create the impression that someone is watching!

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KEY INTERNAL CONTROLS

SEGREGATION OF DUTIES

• Must segregate the recordkeeping and the custody of the assets!

• Cash receipts-no single person should−receive the money, −deposit the money, −record the receipts and −reconcile the receipts to the books and records

• Cash disbursements-no single person should−authorize payments, −disburse funds (write checks, ACH, wires etc) and −reconcile the bank accounts.


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http://youtu.be/pSS7iJUsYCY

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• Use a board member or volunteer if there is not enough internal staff to achieve the segregation of duties

• Require accounting and finance personnel to take vacations and not to take work home


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ACCOUNTS RECEIVABLE/CASH RECEIPTS

• Restrictively endorse checks “for deposit only” immediately• Keep a permanent cash receipts log• Make and reconcile deposits daily• Ask donors and others to write out full name of organization on

checks • Use a bank lockbox service• Cash should be counted with two people present• Publish donor names• Review accounts receivable aging• Independent approval of all accounts receivable write-offs and

refunds


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ACCOUNTS PAYABLE/DISBURSEMENTS

• Have a formal purchase requisition system• Understand procurement process between goods and services

(3 way match for goods!) • Only original invoices and documents-no photocopies• Require dual signatures for expenditures over a certain dollar

amount (no signature stamps or electronic signatures!)• Mail all checks after approval and signature promptly• No pre-signed checks!• No checks made payable to “cash”• Keep blank check stock locked up• Have independent reviews of management expense reports

(even if a board members must do this!) (check calendars!)


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REVIEWS AREN’T JUST RUBBER STAMPS


http://youtu.be/_J3-xRT1zBY

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ACCOUNTS PAYABLE/DISBURSEMENTS

• Have preauthorized set limits on corporate credit cards and limit on who receives them

• Have a written policy on use of corporate credit cards-no personal use!

• Independent review credit card statements as soon as they arrive

• Review vendor lists and have approval process for new vendors-know your vendors Identify any related-party transactions (watch for P.O. boxes!) (Google suspected names)

• Contracts for services and goods should be competitive bid (at least 3) and approved by someone independent of person requisitioning

• No hand delivery of checks by person requesting the check• Investigate vendor complaints promptly!


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PAYROLL• Independent approval of employees added to payroll including

pay rate• Independent review of payroll register from payroll processing

firm• Verify that payroll taxes and other withholdings are being

deposited timely• Use a separate bank account for payroll• Timely reporting of time of effort by employees with proper

supervisory approval• Use outside payroll processing service


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GHOST EMPLOYEES GONE WILD


http://youtu.be/tIYlsd26Ax0

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FINANICAL REPORTING• Have a well defined and time lined financial reporting checklist• Financial statements should be timely and complete• Have a detailed annual/monthly budget-zero based• Budget versus actual analysis with detailed explanations (are

explanations in line with expectations?)• Review journal entries at the end of each reporting period• Reconciliations, including bank reconciliations, should be

prepared promptly after reporting period and independently reviewed


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OTHER CONTROLS

• Notification and alert services with your bank–Wire notifications–ACH Fraud Filters–Balance threshold –Positive Pay exceptions –Credit card transactions–Authorization limits

• Conduct fixed asset inventories at least annually• Close inactive bank accounts immediately • Update bank authorized signatures promptly when

changes in personnel• Job rotation and mandatory vacations• Fidelity bond coverage• Surveillance


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CONDUCTING A FRAUD RISK ASSESSMENT

THE FRAUD RISK ASSESSMENT PROCESS

• Purpose is to identify where fraud may occur and how it may be perpetrated

• The organization chart-the map of the people and processes presents a picture and starting point

• Remember to overlay macro elements such as industry and organizational changes, economic climate, government regulations and climate, technology changes and advancements

• Brainstorming the possible threats and schemes

• Are there any current warning flags?

• Where are you most vulnerable?


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THE FRAUD RISK ASSESSMENT PROCESS

• Are there serious weaknesses in internal controls?

• Are there any mitigating controls?

• Do you have physical security breach threats?

• What do you need to do to secure significant threats?


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FACTORS THAT CREATE ENVIRONMENT AND OPPORTUNITIES FOR FRAUD

• Lack of awareness of fraud risk factors and warning signs

• Inadequate control activities to mitigate identified fraud risk

• Inadequate screening practices (for employees, vendors, customers, and / or business partners)

• Insufficient understanding of ethical duties at all levels

• Ineffective mechanisms for reporting and investigating fraud

• Ineffective board and audit committee oversight

• Situational (internal and external) pressures that encourage fraud


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Source: Association of Certified Fraud Examiners, Report to the Nations on Occupational Fraud and Abuse: 2012 Global Fraud Study


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A PRACTICAL EXERCISE



FRAUD RISK ASSESSMENT

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KEY ASSESSMENT QUESTIONS

(RATE YOUR ORGANIZATION FROM 1 (POOR) TO 10 (GREAT)

• What is your “tone at the top”? ______

• What is the level of your certainty that people in your

organization will do the right thing? ______

• Are people in your organization made to fell that they are

part of a team and have a vested interest in the value of

the organization? ______

• Do people in your organization act with good moral/ethical

character without much force? ______

• How is your organization’s current financial health? ______

* How timely is your organization’s financial reporting? ______ Part III: The Prevention* Page

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KEY ASSESSMENT QUESTIONS

(RATE YOUR ORGANIZATION FROM 1 (POOR) TO 10 (GREAT)

• Is your key management hands on and visible? ______

• Is key management “connected” with their staff/baseline? ______

• How effective is your board of directors? ______

• How effective is your audit committee? ______

• Do you effective internal controls? ______

• How do you view the importance of your independent

audit and process? ______


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IMPLEMENTING A FRAUD PREVENTION PROGRAM

KEY ELEMENTS AND OBJECTIVES

OBJECTIVES• Opportunity – removing or lessening the opportunity to commit

fraud

• Detection – ensuring fraud and abuse can be timely detected

ELEMENTS• Policies – implement clear and concise written polices for fraud,

code of conduct, and conflict of interest and be affirmed by all employees in writing

• Communicated-continually communicated and reinforced

• Tone from Top – Board-appointed high-level executive responsible for coordinating fraud-risk management and directly reporting to the Board. Must lead by example.

• Leadership – executives and managers must lead by example


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KEY ELEMENTS AND OBJECTIVES

• Training – ethical conduct and fraud prevention training is needed on at least an annual basis for all employees

• Accountability-must make all people accountable in detecting fraud

• Reporting – must have a means for employees to report potential violations and issues, such as whistleblower process and hotlines

• No Retaliation – employees need to be encouraged to report suspicious behavior and be reassured that any reports are made in strict confidence and that the organization prohibits retaliation of any type

• Communicate the Risks – All employees should be told whenever any employee or others doing business with the organization are arrested or discharged for fraudulent activity


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KEY ELEMENTS AND OBJECTIVES• Enforcement-you must prosecute fraud. An organization that does

not prosecute sends a message that encourages fraud.

• Zero Tolerance – you must have a zero tolerance for fraud and must apply to ALL employees. As soon as a high-level executive who commits any kind of fraud is not held accountable, the entire program has lost credibility

• Surprise Audits – conduct surprise audits in high risk areas. Put in policy that random tests may be performed to ensure that the organization’s controls are not being circumvented (keep fraudsters guessing!)

• Monitoring – you should conduct a periodic assessment and ensure the process is working

• Remediation-all weaknesses in controls must be fixed immediately. Always be strengthening controls.



THE FIVE TAKEAWAYS!

THE FIVE MOST IMPORTANT TAKEAWAYS – AGAIN!

1. Trust is not an internal control!– Establish, to the extent possible, controls and procedures that eliminate

the element of trust– Always segregate the custody of the asset with the recordkeeping for the

asset

2. Set the tone from the top!– “If you are stealing, your employees are stealing!”– E.g., office supplies, expense reports, etc.

3. Know your employees!– Background investigations and public records checks before hiring– Meet and establish a baseline relationship

4. Institute a fraud policy– No tolerance– Will prosecute

5. Establish a hotline for tips– Number one method for detecting fraud!– Can outsource


MY BOOK!

EXPECTED RELEASE THIS WINTER!

STAY TUNED!


HOW CAN RAFFA ASSIST YOU IN PREVENTING AND DETECTING FRAUD?

A resource for the nonprofit community to help organizations effectively manage risk and better ensure the

prevention and detection of fraud.

Check us out at WWW.RAFFA.COM/FRAUD


HOW CAN RAFFA ASSIST YOU IN PREVENTING AND DETECTING FRAUD?

FRAUD INVESTIGATIONS AND PREVENTION• Fraud examinations and internal investigations

• Fraud risk assessments

• Review of internal controls and management practices

• Financial statement misrepresentations

• Background and workplace investigations

• Computer forensic analysis, imaging, data mining and recovery

• Asset tracing and recovery

• Reconstruction of accounting records

• Continuous audit services

• Anti-fraud consulting and training

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WHAT WE LEARNED ABOUT FRAUD IN OUR THREE-PART SERIES

PART I: THE FRAUD• Why it is important that you are educated in fraud• The magnitude of fraud in nonprofits• The types of frauds in nonprofits• Why does fraud occur in nonprofits• Some important fraud prevention takeaways

PART II: THE DETECTION• Who are the fraud perpetrators?• Why do people commit fraud?• How is fraud detected?• What are fraud red flags?• Fraud detection techniques• What do you do when you uncover fraud?

PART III: THE PREVENTION• What are the primary factors contributing to fraud in nonprofits?• Detective versus preventative controls• What are the best preventative measures?• The five critical takeaways!


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RESOURCES AND SUGGESTED READING

• 2012 Report to the Nations on Occupational Fraud and Abuse, Association of Certified Fraud Examiners, http://www.acfe.com/rttn.aspx

• “The American Fraud Report,” www.jpsimsconsulting.com

• The CPA’s Handbook of Fraud and Commercial Crime Prevention, AICPA

• Managing the Business Risk of Fraud: A Practical Guide; AICPA, ITA, and ACFE; https://na.theiia.org/standards-guidance/Public%20Documents/fraud%20paper.pdf


http://www.acfe.com/rttn.aspx

http://www.jpsimsconsulting.com/

https://na.theiia.org/standards-guidance/Public%20Documents/fraud%20paper.pdf



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QUESTIONS AND ANSWERS


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BIOGRAPHY

• 35 years of consulting, audit, accounting and tax experience in the public and private sectors.

• Started career with a Big-Four international accounting firm in Washington, DC.

• Founded a regional certified public accounting and consulting firm in 1982 and grew it to on of the Washington, DC’s largest firms in seven years. Merged his practice with Raffa P.C. in 2008.

• Managed and conducted audit and accounting engagements ranging from small privately held to large publicly held businesses in various industries, including multi-national businesses, nonprofit organizations, and governmental entities and agencies.

• Performed economic and financial analysis, including projections and forecasts, in support of litigation and claims for lost earnings and profits, business interruption, shareholder disputes, patent and trademark infringements, bankruptcy and restructuring, and structural settlements; assistance with interrogatories, document requests and depositions; and serving as an expert and consulting witness.

• Performed and supervised business valuations for both public and closely held companies in a variety of industries, individuals and estates, family limited partnerships and limited liability companies, including valuations for business combinations (SFAS 141R), mergers, acquisitions, and divestitures, estate and gift taxes, marital dissolution proceedings, buy-sell agreements, intangible assets and intellectual property, purchase price allocations, goodwill (SFAS 142) and long-lived asset (SFAS 144) impairment, fair value accounting (SFAS 157), cheap stock (IRC 409A), stock-based compensation (SFAS 123R), phantom stock and employee stock ownership plans.

• Conducted and led teams of forensic accountants on fraud audits and investigations, including fraudulent financial statements, misappropriations of assets and embezzlements; money laundering, kickbacks, bribery and conflicts of interest; insurance claims; bankruptcy; financial institutions and loan fraud. Also has conducted fraud risk assessments, anti-fraud programs, and fraud training and education.

LAWRENCE J. HOFFMAN, CPA/CFF, CVA, CFE

SENIOR PARTNERRAFFA, P.C.1899 L STREET, NWWASHINGTON, DC 20036

TEL. 202-822-5408FAX [email protected]


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BIOGRAPHY

• Assisted companies and nonprofits with restructuring and turnaround situations, including recapitalizations, reorganizations and liquidations. Advised entities on Chapters 11 and 7, bankruptcy filings and proceedings and non-judicial workouts. Developed and administered crisis management plans, cash flows, liquidation and turnaround analysis, debt restructuring and creditor negotiations, and turnaround plans.

• Formulated strategic short- and long-term business and financial planning for various business organizations and served as interim “C” level positions, including for a major North American sports league, European and U.S. aircraft manufacturer, aviation charter airline and travel company, and a multi-chain quick service food chain.

• Formulated syndication strategies and prepared business plans and private placement offerings, including financial forecasts, market research and analysis, due diligence, securities pricing and structuring for various public and private securities offerings, including SEC filing.

• Founded and developed a regional NASD licensed broker dealer investment banking firm. Placed over $150 million in debt and equity and represented over $200 million in merger and acquisition transactions.

• Founded and developed two private equity funds in excess of $10 million, including investments in early stage and mature emerging companies in the form of debt and equity. Portfolio investments included aviation, food and hospitality, software and technology, telecommunications, sports and entertainment, banking and financial institutions, healthcare, and wholesale and retail.

• Co-founded and managed various real estate acquisition, ownership, and operating entities, including commercial office buildings, shopping centers, flex warehouses, residential housing and developed land.

• Performed tax and financial consulting services for individuals and closely held businesses.

• Instructor in audit, accounting, finance, and forensic accounting.


SENIOR PARTNER


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BIOGRAPHY


SENIOR PARTNER

EDUCATION & CERTIFICATIONS

• Bachelor of Science, Accounting – Mount St. Mary’s University

• Certified Public Accountant (CPA)

• Certified Fraud Examiner (CFE)

• Certified in Financial Forensics (CFF)

• Certified Valuation Analyst (CVA)

• Private Investigator (PI), Virginia

• Series 7 General Securities Representative (not active)

• Series 24 General Securities Principal (not active)

• Series 63 Uniform Securities Agent (not active)

PROFESSIONAL ASSOCIATIONS & AFFILIATIONS

• American Institute of Certified Public Accountants, Member

• Virginia Society of Certified Public Accountants

• Association of Certified Fraud Examiners

• National Association of Certified Valuation Analysts

• Institute of Business Appraisers

PERSONAL INTERESTS

• Private pilot with instrument, multi-engine, high performance complex and aircraft ratings

• Golf and fishing

• Reading and politics


BIOGRAPHY

• 9 years of fraud investigation and financial audit experience

• Started career with U.S. Government Accountability Office’s Forensic Audits and Special Investigations Unit

• Led as many as 3 concurrent forensic audits and investigations on a variety of topics, including: Federal contractor/grantee eligibility fraud and integrity issues; federal tax collection program integrity; abuse of government purchase cards, travel cards, and premium class travel privileges; employment of sex offenders and child abusers at schools and child care facilities; passport application fraud; manufacture and marketing of herbal dietary supplements

• Planned, developed, and completed audit and investigative objectives, scope, and methodology

• Designed innovative analytical strategies and investigative techniques to identify fraud indicators in complex datasets, using software packages such as IDEA and SAS

• Identified, investigated, and ultimately referred hundreds of cases of potential fraud, waste, and abuse to federal authorities for administrative action

• Led multiple undercover operations of varying complexity and political sensitivity

• Drafted numerous congressional testimonies and publicly available audit reports (see co-authorship experience below)

• Designed and implemented internal quality assurance policies and procedures

EDUCATION & CERTIFICATIONS

• Bachelor of Science, Accounting – University of Maryland, College Park

• Bachelor of Science, Finance – University of Maryland, College Park

• Designated as a Certified Fraud Examiner (CFE) by the Association of Certified Fraud Examiners

Leslie C Kirsch, CFE

ManagerRAFFA, P.C.1899 L STREET, NWWASHINGTON, DC 20036

TEL. 202-955-7204FAX [email protected]

46Part III: The Prevention* Page

Investor Relations

2013 12-12 Nonprofit Fraud Part 3