leadership in a fraudulent world: lessons learned

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Leadership in a Fraudulent World May 12, 2016

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Page 1: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Leadership in a Fraudulent World

May 12, 2016

Page 2: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Program Agenda

I. Introduction

II. Leadership Characteristics

III. Fraud Diamond

IV. Case Studies

Page 3: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Frank RudewiczPartner, Marcum LLP

Education:

University of Connecticut School of Law, JD

Central Connecticut State University, BS, Industrial Technology

Certifications:

Private Investigator

Certified Protection Professional

Certified Anti-Money Laundering Specialist

Admitted to CT and Federal Bar

Page 4: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Leadership

Page 5: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Be a Leader

What’s the most important

quality of a leader?

The ability to create followers

Page 6: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Be a Leader

How do leaders get followers to do what they want them to do?

The Power of Presence

Page 7: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

If there is any leadership posture

that disturbs a potential follower,

it’s aloofness.

Page 8: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Presence as Personal Concern

“The tragedy of leadership today is that many who are in great need, many who seek an attentive ear, a word of support, a firm hand, a tender smile or even a stuttering confession of an inability to do more, often find their leaders distant men and women, who do not want to burn their fingers.”

Henri Nouwen

Page 9: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Leadership Paradox

Those who want to be in charge of everyone, often find themselves unable to be close to anyone

Page 10: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Leaders without Followers

Angry

Stressed out

Too busy

Preoccupied with the “hard” skills

Narcissistic

Managing up

Sheltered

Unpracticed

Page 11: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Leadership is not . . .

Being in charge, being the CEO or a Managing Director is not the same as leading

Reaching the top, being first, or being the best is not the same as leading

Having the highest income is not the same as leading

Setting a strategic direction, or developing a great plan is not the same as leading

Page 12: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Leadership Fundamentals

Leadership is the ability to mobilize a group of followers toward a desired and common objective

Leadership requires the ability to motivate followers

A person will not follow unless they’re convinced that the leader “gets” them, will work for their interests, and will lead them in a direction that is good for them and those they care about

Page 13: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Be a Leader

What actions create great

personal relationships?

Page 14: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Treat Relationships as

Bank Accounts

What actions make deposits?

What actions make withdrawals?

Page 15: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Use the Platinum Rule

What’s wrong with the Golden Rule?

Treat others the way

they want to be treated

Page 16: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Deal with Incompetence

“A” Players hate to work with “D” players

Hold team to standards

Treat those who leave with respect

Page 17: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Give Praise

Timing

Own it and make it personal: “I think . . .”

Drop the “but”: don’t join praise with criticism

Remember “Platinum Rule”

Page 18: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Self-fulfilling Prophecies

People strive to live up to your expectations

Praise given in advance is predictive of future behavior

Praise the small to get the big

Page 19: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Constructive Criticism

Timing is everything

What is the purpose of criticism?

Is criticism about you or them?

Page 20: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Leadership

Six common traits in effective Leaders:

1. Ability to Bring About Change

2. Competence/Subject Matter Expert

3. Confidence

4. Excellent Persuasion Abilities

5. Honesty

6. Optimism/Can Do Attitude

Page 21: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Leadership Traits

In a Fraudulent World

Page 22: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

The Origins of Fraud

The Fraud Triangle

Opportunity

Pressure

Rationalization

Page 23: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

The Fire Triangle

Fuel

Heat

Oxygen

Page 24: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

The Fraud Triangle

Opportunity is generally provided through weaknesses in internal controls:

o No separation of duties

o Little supervision and review

o Lack of management approval

o Few system controls

Pressure can be imposed due to:

o Personal financial problems

o Personal vices such as gambling, drugs, extensive debt, etc.

o Unrealistic deadlines and performance goals

Rationalization – justification for fraudulent activities:

o “I really need this money and I’ll put it back when I get my paycheck…”

o “I’d rather have the company on my back than the IRS…”

o “I just can’t afford to lose my home, car, everything…”

o “I need to make my numbers for this quarter…”

Page 25: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

The Fraud Diamond

David Wolfe and Dana Hermanson

Incorporates the human element – CAPABILITY

“Opportunity opens the doorway to fraud, and incentive (pressure) and rationalization can draw a person toward it; but the person must have the capability to recognize the open doorway as an opportunity and to take advantage of it by walking through, not just once, but time and time again.”

Pressure

Opportunity

Rationalization

Capability

Page 26: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Fraud Diamond, cont’d

Six traits in the personality of the fraudster associated with the capability element:

1. Positioning

2. Intelligence and Creativity

3. Ego

4. Coercion

5. Stress

6. Deceit

Page 27: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Comparative Traits

1. Positioning - Ability to Effect Change

2. Intelligence and Creativity - Competence

3. Ego- Confidence

4. Coercion- Excellent Persuasion Abilities

5. Stress- Optimism/Can Do Attitude

6. Deceit- Honesty

Page 28: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

MADISON RUTHERFORD

Page 29: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Emergence of the Laboratory Scandal

-Annie Dookhan

Page 30: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

CLARK ROCKEFELLER

Page 31: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

CLARK ROCKEFELLER

• http://www.youtube.com/watch?feature=player_embedded&v=SYx

0lAfC2Wo

http://www.youtube.com/watch?feature=player_detailpage&v=_-cn5k2Nur8

Page 32: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Contact Information

Page 33: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

Contact Information

Frank E. Rudewicz

Partner

Marcum LLP

53 State Street, 38th Floor

Boston, MA 02109

617-226-0487

[email protected]

Page 34: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

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Page 35: LEADERSHIP IN A FRAUDULENT WORLD: LESSONS LEARNED

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