face of fraud felix lozano chairman nexia international audit committee partner, whitley penn llp...
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FACE OF FRAUDFelix Lozano
Chairman Nexia International Audit Committee
Partner, Whitley Penn LLP
November 10, 2010
INTERNATIONAL LANGUAGE
• What is our international language? …
… QUALITY
TODAY’S AGENDA
• Fraudo Occupational Fraud Definedo Theoryo Statisticso Types of Fraud
• Dealing with Fraud o Prevention o Detection
OCCUPATIONAL FRAUD DEFINED
ELEMENTS OF A FRAUD
• A representation
• About a material point
• Which is false
• Intentionally or recklessly so
• Relied upon by the victim
• To the victim’s damage
• Who is Jérôme Kerviel ?
FACE OF FRAUD TRIVIA #1
FACE OF FRAUD TRIVIA # 1
Rogue French Trader Jérôme Kerviel Ordered to Pay Back the $6.7 Billion He Lost
TURN OF THE CENTURY BULL MARKETS MAKE HEROES
Scott Sullivan, WorldCom: 1998 CFO of the Year
Andrew Fastow, Enron: 1999 CFO of the Year
Mark Swartz, Tyco: 2000 CFO of the Year
TURN OF THE CENTURY BEAR MARKETS MAKE CROOKS
Scott Sullivan, 2002: Indicted and charged with fraud.
Andrew Fastow, 2002: Indicted and charged with conspiracy, fraud, money laundering, insider trading.
Mark Swartz, 2002: Indicted and charged with fraud.
CURRENT CROOKS – PONZI SCHEMES
"Bernie" Madoff, 2009: Pleaded guilty to 11 federal crimes
Robert Allen Stanford, 2009: Pleaded "not guilty" to charges of fraud, conspiracy and obstruction
Nick Cosmo, 2009: Indicted on 10 counts of wire fraud and 22 counts of mail fraud
MISAPPROPRIATION OF ASSETS• Cash fraud schemes
– Skimming– Larceny– Fraudulent disbursements
• Accounts receivable schemes– Improper posting of credits
• Discount• Return• Write-off
• Inventory and other asset schemes– Appropriating inventory and supplies for personal use
• Stealing inventory• Theft of scrap proceeds
CORRUPTION
• Bribery
• Illegal gratuities
• Economic extortion
• Conflicts of interest
FINANCIAL STATEMENT FRAUD• Fictitious revenues
– Involves the sale or goods or services which never occurred• Timing differences
– Improper matching of revenues– Early revenue recognition– Recording expenses in the wrong period
• Concealed liabilities and expenses– Liability/expense omissions– Returns and allowances and warranties
• Improper disclosure– Liability omissions– Significant events – Management fraud– Accounting changes
• Improper asset valuation– Inventory– Fixed Assets
DONALD R. CRESSEY
• Known for his studies of organized crime
• Served as organized crime consultant to the President's Commission on Law Enforcement and Administration of Justice in 1966 and 1967
• Cressey’s hypothesis later became known as the “Fraud Triangle”
WHAT DO PEOPLE STEAL?
INCENTIVE/PRESSURE
Fraud Triangle
PERCEIVEDOPPORTUNITY
RATIONALIZATON
WHY DO PEOPLE STEAL?
INCENTIVE/PRESSURE
PERCEIVEDOPPORTUNITY
RATIONALIZATON
CAPABILITY
FIGHTING FRAUDWHAT HAVE WE DONE IN ACCOUNTING?
• Treadway Commission ’87• COSO ’87• SAS 53 ’88• Certified Fraud Examiner ’88• SAS 82 ’96• Sarbanes Oxley ’02• SAS 99 -’ 02• ISA 240 - ‘04
FIGHTING FRAUDWHAT HAVE WE DONE IN LEGAL?
• Sarbanes Certifications• Anonymous Hotlines• Whistleblower Investigations• DOJ Investigations• SEC Investigations
INTERNAL CONTROL WEAKNESSPrimary Internal Control Weakness Observed by CFEs
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
ORGANIZATION TYPE OF VICTIMSOrganization Type of Victim — Median Loss
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
BASED ON SIZE OF VICTIM ORGANIZATIONSize of Victim Organization — Median Loss
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INDUSTRY OF VICTIM ORGANIZATIONS
Sorted by Frequency
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INDUSTRY OF VICTIM ORGANIZATIONS
Sorted by Median Loss
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INITIAL DETECTION OF OCCUPATIONAL FRAUD
Initial Detection of Occupational Frauds
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
TENURE OF PERPETRATOR - FREQUENCY
Tenure of Perpetrator — Frequency
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
TENURE OF PERPETRATOR – MEDIUM LOSS
Tenure of Perpetrator — Median Loss
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
FACE OF FRAUD TRIVIA # 2
What 2002 movie was based on a young con artist who successfully impersonated an airline pilot, doctor, assistant attorney general and history professor, cashing more than $2.5 million in fraudulent checks in 26 countries?
a. The Magnificent Fraudb. Catch Me if You Canc. The Bourne Identityd. Gangs of New York
AGE OF PERPETRATOR – MEDIAN LOSSAge of Perpetrator — Median Loss
*Obtained from 20010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
AGE OF PERPETRATOR - FREQUENCYAge of Perpetrator — Frequency
*Obtained from 20010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
EDUCATION OF PERPETRATOREducation of Perpetrator — Median Loss
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
FRAUD TRIVIA # 3
What did this Indiana money manager do to make national headlines in 2009?
POSITION OF PERPETRATOR – MEDIUM LOSS
Position of Perpetrator — Median Loss
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
POSITION OF PERPETRATOR - FREQUENCY
Position of Perpetrator — Frequency
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
GENDER OF PERPETRATORGender of Perpetrator — Frequency
Gender of Perpetrator — Median Loss
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
GENDER OF PERPETRATORPosition of Perpetrator Based on Gender
Position of Perpetrator — Median Loss Based on Gender
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
NUMBER OF PERPETRATORS
*Obtained from 2008 Certified Fraud Examiners report “2008 Report to the Nation on Occupational Fraud and Abuse”
PERPETRATORS’ CRIMINAL HISTORIESPerpetrator’s Criminal Background
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
PERPETRATORS’ CRIMINAL HISTORIESPerpetrator’s Employment Background
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
FRAUD TRIVIA # 4
Approximately how much does the US lose due to fraud each year?
a. More than $50 billionb. More than $200 billionc. More than $500 billiond. More than $900 billion
DISTRIBUTION OF DOLLAR LOSSESDistribution of Losses
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
HEALTHSOUTH, INC. TRICK
Entry One A/R Revenue
Entry Two Fixed Assets Cash
Entry Three Cash A/R
HEALTHSOUTH, INC. TRICK
Entry One A/R Revenue
Entry Two Fixed Assets Cash
Entry Three Cash A/R
CORRUPTION CASES BY INDUSTRY
*Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
FACE OF FRAUD TRIVIA TRIVIA # 5
What initiated the investigation into former governor Eliot Spitzer?
a. He bounced a checkb. Bank filed a SARc. He confessed to his wifed. Internal audit investigation
INTERNATIONAL OUTLOOKDEPARTMENT BASED ON REGION
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOKDEPARTMENT BASED ON REGION
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOKANTI-FRAUD CONTROLS BY REGION
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOKANTI-FRAUD CONTROLS BY REGION
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
ANTI-FRAUD CONTROLS BY REGION
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
ANTI-FRAUD CONTROLS BY REGION
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOK
Schemes Committed by Perpetrators in the Accounting Department — 367 Cases
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOK
Schemes Committed by Perpetrators in the Sales Department — 225 Cases
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOKSchemes Committed by Perpetrators in Executive/
Upper Management Positions — 224 Cases
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOK
Schemes Committed by Perpetrators in the
Customer Service Department — 120 Cases
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOK
Schemes Committed by Perpetrators in the Purchasing Department — 103 Cases
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOK
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOK
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOK
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOK
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOK
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL OUTLOOK
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL CORRUPTION CASES BY REGION
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
INTERNATIONAL MEDIAN LOSS BASED ON GENDER AND REGION
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
DEPARTMENT BASED ON REGION
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
DEPARTMENT BASED ON REGION
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
BEHAVIORAL RED FLAGS
*The sum of percentages in this table exceeds 100% because in several cases the perpetrator exhibited more than one behavioral red flag.
**Obtained from 2010 Certified Fraud Examiners report “2010 Report to the Nation on Occupational Fraud and Abuse”
FRAUD PREVENTION
• What You Can Do– Tone at the Top– Code of Ethics/Conduct– Background Checks– Appropriate Compensation– Constant Training– System of Internal
Controls– Consequences
WHO IS RESPONSIBLE?
• Board of Directors
• Executive Management
• All Employees
• Auditors Have a Responsibility to Plan Audit Accordingly, but WE ARE NOT REQUIRED TO FIND FRAUD
FRAUD DETECTION
• What You Can Do– Internal Audit
– Separate Fraud Department
– Software Tools
– Monitoring
– Whistleblower Policies
– External Audit
– Foster an Open Culture
WHITELY PENN FRAUD CASES
• Compilation Client
• Inflating Accounts Receivable
• $123,000
• WP Accounting Services Identified
WHITELY PENN FRAUD CASES
• Neurologist’s – Identity Theft
• Business Manager 25 Years
• Refinance of Home Loan - Credit Report
• $176,000
WHITELY PENN FRAUD CASES
• Construction Fraud• Collusion
– Construction Superintendent (Tommy Ingram - 54)– Concrete Vendor (Ray Brooks - 57)
• $7.6 Million Fraudulent Charges• 14 Month Investigation• FBI and DA’s Office• Project Team
– Construction Auditor– Engineer– CPA’s
• Jail Term – 8 years for both Defendants
QUESTIONS?
THANK YOU