crooks you work with larry bailey executive director wsrmp

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Crooks You Work With Larry Bailey Executive Director WSRMP

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Page 1: Crooks You Work With Larry Bailey Executive Director WSRMP

Crooks You Work WithLarry BaileyExecutive Director WSRMP

Page 2: Crooks You Work With Larry Bailey Executive Director WSRMP

Feb, 23, 2011

Treasurer suspected of stealing nearly $500,000 from Birch Bay Water and Sewer districtZOE FRALEY / THE BELLINGHAM HERALDBIRCH BAY - The former treasurer of the Birch Bay Water and Sewer District is suspected of stealing about $470,000 from the district over seven years, according to the district.The alleged misappropriations by longtime treasurer Glenn Golay came to light in January during a State Auditor's Office review of the district's finances for 2008-09.

Aug, 12, 2011

Former Birch Bay water district treasurer gets three years for theftZOE FRALEY / THE BELLINGHAM HERALD

The former treasurer of the Birch Bay Water and Sewer District will have to serve three years in prison and pay back $450,000 to the district that he stole while working there.

Blaine resident Glenn Golay, 65, pleaded guilty to nine counts of theft and was sentenced Thursday, Aug. 11, in Whatcom County Superior Court.

Golay had been stealing about $37,000 to nearly $80,000 per year between Jan. 1, 2003, and Dec. 31, 2010, according to a Washington State Auditor's Office investigation. He had been the district's treasurer for more than 20 years.

Page 3: Crooks You Work With Larry Bailey Executive Director WSRMP

Someone You Trust

Church Treasurer Deacon Board Leader in Professional Association PTA Board President

Page 4: Crooks You Work With Larry Bailey Executive Director WSRMP

Self Deception

Procrastination Rationalization

Page 5: Crooks You Work With Larry Bailey Executive Director WSRMP

The “Fraud Triangle”

Opportunity

Motive/Pressure

Rationalization

Page 6: Crooks You Work With Larry Bailey Executive Director WSRMP

Catching the Office Manager

Page 7: Crooks You Work With Larry Bailey Executive Director WSRMP

Isn’t it the SAO’s job to Find Fraud?

Page 8: Crooks You Work With Larry Bailey Executive Director WSRMP

Auditor’s Role “Expectation Gap”

Public assumes purpose of the audit is to catch fraud.

Statement on Auditing Standards 99 (AICPA Acct Stds Bd) “The auditor has responsibility to plan and

perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. “

Auditors prepare report on whether the financial statements are fairly presented. They should investigate suspected frauds uncovered during their review, but not primary objective.

Page 9: Crooks You Work With Larry Bailey Executive Director WSRMP

How Much Fraud Is There? Association of Certified Fraud Examiners

(ACFE) Annual Report (www.acfe.org) 1,843 cases surveyed Jan08-Dec09 (40%

outside US) Average loss 5% of annual revenue Median Loss $160k, 25% > $1m

Financial Statement Fraud $4.1m, Corruption $280k, Asset Misappropriation $135k

Asset misappropriation cases most common 90%, Corruption 22%, Financial Statement Fraud 4% (Overlap because many cases involve more than one) SOURCE: 2010 ACFE Annual Fraud Report

Page 10: Crooks You Work With Larry Bailey Executive Director WSRMP

Who Commits Fraud?

Employees 42% (median loss $80k) Managers 41% (median loss $200k) Executives 17% (median loss

($723k)

SOURCE: 2010 ACFE Annual Fraud Report

Page 11: Crooks You Work With Larry Bailey Executive Director WSRMP

Gender and Age of Fraudsters

Men 57% The median $ loss is 2.5x women

40% have between 1-5 years seniority The longer they have worked there, the

bigger the average theft 50% between ages 31-45

Losses sharply increase with age

SOURCE: 2010 ACFE Annual Fraud Report

Page 12: Crooks You Work With Larry Bailey Executive Director WSRMP

Accounting 22% Sales 14% Upper Management 14% Purchasing 6% IT 3% HR 1.3% Internal Audit 0.2%

SOURCE: 2010 ACFE Annual Fraud Report

Fraudster’s Departments

Page 13: Crooks You Work With Larry Bailey Executive Director WSRMP

87% had no previouscriminal record

83% never punished or terminated from earlier job

SOURCE: 2010 ACFE Annual Fraud Report

Fraudsters Records

Page 14: Crooks You Work With Larry Bailey Executive Director WSRMP

How Long Does Fraud Last?

Median time before detection 18 months

Our frauds for two Water & Sewer Districts went on for 6-7 years

SOURCE: 2010 ACFE Annual Fraud Report

Page 15: Crooks You Work With Larry Bailey Executive Director WSRMP

How Did They Do It? Missing/Weak Internal Controls (37.8%) Override of Good Internal Controls

(19.2%) Lack of Management Review (17.9%) Poor “Tone at the Top” (8.4%) Incompetent Oversight (6.9%) No Independent Oversight (5.6%) All others (4.2%)

SOURCE: 2010 ACFE Annual Fraud Report

Page 16: Crooks You Work With Larry Bailey Executive Director WSRMP

How Do Manager Think Fraud is Detected?

External Audit – 76% Internal Audit 69% Fraud Training-Managers 42% Fraud Training-Employees-40% Job Rotation/Mandatory Vacations-15%

SOURCE: 2010 ACFE Annual Fraud Report

Page 17: Crooks You Work With Larry Bailey Executive Director WSRMP

How is Fraud Actually Detected? Fraud Tip Line (40.2%) Management (15.4%) Internal Audit (13.9%) Accident (8.3%) Account Reconciliations (6.1%) Document Review (5.2%) External Audit (4.6%)

SOURCE: 2010 ACFE Annual Fraud Report

Page 18: Crooks You Work With Larry Bailey Executive Director WSRMP

Warning Signs

Living beyond means (43%) Financial difficulties (36%) Control issues (23%) Close with vendors/customers (22%) “Wheeler-Dealer” style (19%) Divorce/Family Issues (18%) Addictions (12%) Never takes vacations (10%) Frequent complaints about pay/promotions

(5%)SOURCE: 2010 ACFE Annual Fraud Report

Page 19: Crooks You Work With Larry Bailey Executive Director WSRMP

Three Steps to a Fraud Commit-Take the money, create the false

vendor, etc. Perception of effective internal controls is best

way to stop this. Conceal-Alter records to make detection

difficult Effective internal controls make hiding the

fraud more difficult Convert-Alter the form of what has been

taken into something useful to the fraudster

Conversion can be internal (check for cash) or external (ebay?)

Page 20: Crooks You Work With Larry Bailey Executive Director WSRMP

Magic Anti-Fraud Bullet:Segregation of Duties

When one person can perform any two of the following, there it’s a fraud opportunity: Custody Function

Who actually handles the cash, stuff, etc? This includes the District checkbook.

Approval Who approves the use or transfer of the asset?

Recording/Reconciliation Who records the use or transfer? Who prepares the

source documents?

Page 21: Crooks You Work With Larry Bailey Executive Director WSRMP

Types of Fraud Theft of assets (generally cash, but could

be equipment/inventory) Most common, but lower in total amount

Improper expenditures (fake vendors

“ghost” employees) Less common, but larger

Financial Statement

Page 22: Crooks You Work With Larry Bailey Executive Director WSRMP

Cash Receipts Frauds Is all money getting to bank when it

should, and are all adjustments valid? Skimming/Underreporting (before

entering system) Cash Theft (receipts already recorded in

accounting system) Ways money comes in?

Mail, credit cards, wire, cash receipts at the counter, etc?

Page 23: Crooks You Work With Larry Bailey Executive Director WSRMP

Preventing Cash Receipts Fraud Segregation of duties

Handlers of cash should never be able to adjust accounts

Separate tills (can be a challenge) Use receipts that are difficult to alter

(prenumbered, Z-Tapes,etc) Daily deposit of ALL funds (RCW requires)

Even if you don’t know why you got it, accounting can figure it out later

Daily reconciliation of deposit to CR records Composition of deposits (Does check/cash

composition match what the bank received?)

Page 24: Crooks You Work With Larry Bailey Executive Director WSRMP

Are you getting the benefit of all your purchases?

Small and attractive items Theft of inventory Borrowing of equipment Disposal of “Surplus”

or “Damaged” equipment

Page 25: Crooks You Work With Larry Bailey Executive Director WSRMP

Preventing Misappropriation Frauds Internal Controls

Separate approval of purchases Separate approval of writeoffs, surplus, scrap Policy prohibiting personal use of district

assets Tagging the assets Physical control over inventory/equipment

(locked room) Periodic inventory count

Fraud Hotline (SAO, District)

Page 26: Crooks You Work With Larry Bailey Executive Director WSRMP

Disbursement Frauds Do you know where your money is

going? False Billing Fraud

Fake invoices/Fake Vendors Pay & Return Scheme (Real vendors

asked to return “overpayment”) Kickback schemes (Vendor actually

participates in fraud) Mileage expenses

Page 27: Crooks You Work With Larry Bailey Executive Director WSRMP

Padded mileage expense reports

Page 28: Crooks You Work With Larry Bailey Executive Director WSRMP

Preventing Disbursement Frauds Separate person authorizing payment Original invoice supports expenditure

Documentation supports vouchers Person who actually knows is the person who

approves it Duplicate payments? Do warrants from the county agree to the

warrant register? Different person making the comparison

Control of the mailing of the warrants Different person mails the payments after they are

prepared

Page 29: Crooks You Work With Larry Bailey Executive Director WSRMP

Payroll Frauds

Are you paying the right people? “Ghost” employees/PT padded to FT

Right people paid wrong amount? Padding timesheets Unapproved Raises/Benefits

Leave records? Effectively a raise, since the employee

has more vacation as a result

Page 30: Crooks You Work With Larry Bailey Executive Director WSRMP

Padded time sheets

Page 31: Crooks You Work With Larry Bailey Executive Director WSRMP

Preventing Payroll Frauds

Internal Controls Reconciliation of the pay disbursements to

the pay records Who creates and maintains the

payroll/records? Who approves the timesheets?

Can the fraudster alter them after approval? Who hands out the checks?

Page 32: Crooks You Work With Larry Bailey Executive Director WSRMP

Financial Statement Frauds Takes place in the public sector as well

Bond covenants Grant requirements

Types of Frauds Concealment of expenditures

or liabilities Improper disclosures Related parties

Page 33: Crooks You Work With Larry Bailey Executive Director WSRMP

Preventing Frauds Generally “Tone at the Top”

District’s leadership must embrace integrity as a core value of the organization.

Truthful reporting more important than favorable reporting

Segregation of Duties Challenging in smaller entities.

Compensating controls must be found

Page 34: Crooks You Work With Larry Bailey Executive Director WSRMP

Preventing Frauds Generally Organizational Structure – commissioner as

acting treasurer RCW 57.12.010 does not require it (Risk vs

Compliance) Hiring Practices

Background checks on employees and vendors regarding finance/accounting

Employee Training All employees are part of the fraud fighting

team Terminate and Prosecute Fraudsters

Page 35: Crooks You Work With Larry Bailey Executive Director WSRMP

What Can Electeds/GMs Do? Ask Dumb Questions!

Until you understand the answers. Don’t let accounting’s sophistication intimidate you.

Review Transactions Spend an afternoon every few

months at the District looking at vouchers. Ask more questions

Page 36: Crooks You Work With Larry Bailey Executive Director WSRMP

What Can Elected Officials Do?

Listen to Staff How would they improve their jobs?

Don’t expect to see fraud everywhere, but don’t be afraid to see it either

Page 37: Crooks You Work With Larry Bailey Executive Director WSRMP

Example of What You Can do

“I gave my first treasurer’s report at the commissioners meeting last

night. I only pretended to know what I was talking about,

fortunately, the other commissioners only pretended that

they were listening.”

Acting treasurer role – needed for oversight function on every district Board of Commissioners

Page 38: Crooks You Work With Larry Bailey Executive Director WSRMP

Resources

State Auditor’s Office –www.sao.wa.gov Fraud Hotline - 1-866-902-3900

Washington State Society of CPAs – WSCPA.Org

Association of Certified Fraud Examiners – ACFE.Org

WSRMP Internal Control Handouts

Page 39: Crooks You Work With Larry Bailey Executive Director WSRMP

“Trust but Verify”

Page 40: Crooks You Work With Larry Bailey Executive Director WSRMP

Answers?

Larry Bailey email: [email protected]

(425) 952-9750