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Fraud Detection and Deterrence GAAF December 7, 2011 Presented by Rod Ballard. The First 48 Hours Maintain Secrecy Contact Corporate Attorney Contact Fraud Examiner Retain Documents. The First 48 Hours Control Physical Access Control Electronic Access Memorialize events
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Fraud Detection and Deterrence GAAF December 7, 2011 Presented by Rod Ballard
The First 48 Hours • Maintain Secrecy • Contact Corporate Attorney • Contact Fraud Examiner • Retain Documents
The First 48 Hours • Control Physical Access • Control Electronic Access • Memorialize events • Chain of Custody
The Element of Surprise • “Need to Know” basis • Avoid drastic changes • Team needs non-threatening cover
Legal Cover • Privilege & Confidentiality • Right to Privacy • Future Claims & Actions
Business Crime Scene Investigator • Chain of Custody • Accounting issues • Interview skills
Record Retention • Invoices, Bank Statements, Credit Card Statements • Contracts, Spreadsheets, Receipts • Memos, emails, messages
Control Physical Access • Review surveillance film • Take inventory of keys • Note variances
Control Electronic Access • Change key passwords • Load mirror programs • Note variances
Memorialize Key Facts • Write down sequence of events • Record names, dates, amounts • Any detail can become important
Control Evidence • Note date obtained and key facts • Lock up and protect • Limit handling
Fraud Categories • Asset misappropriations • Corruption • Fraudulent statements
Asset Misappropriations • Theft or misuse of an organization’s assets. • Skimming revenues • Stealing inventory • Payroll fraud
Corruption • Misuse of influence • To procure some benefit • For themselves or another person, • Contrary to their duty • Accepting kickbacks • Engaging in conflicts of interest
Fraudulent Statements • Falsification of an organization’s financial statements. • Overstating revenues • Understating liabilities or expenses
2010 Report to the Nations • Association of Certified Fraud Examiners (ACFE) • $652 Billion or 5% of GDP in total cost of fraud • $159,000 median loss per incident • $82,000 median loss per incident for Government
Department • Accounting • $199,000 per incident • 30% frequency • Executive • $900,000 per incident • 21% frequency • Purchasing • $1,000,000 per incident • 3% frequency
The Fraud Triangle Incentive Opportunity Rationalization
Risk Analysis What is the probability? • Remote • More than remote • Probable
Risk Analysis (cont) What is the significance? • Inconsequential • More than inconsequential • Material
Brainstorm • Conduct session at least annually • Think like a perpetrator • Perform in conjunction with corporate attorney • Address vulnerable areas
Vulnerable Areas • Which assets are most susceptible to misappropriation? • The answer will vary slightly from organization to organization, but the most common ones are • Cash • Inventory • Assets easily converted into cash • Equipment that is readily marketable
Corporate Accountability Programs • Tone at the Top • Policies & Procedures • Effective Monitoring • Regulations and Laws
Tone at the Top • Goes beyond the code of ethics • Creates positive work environment • Increases deterrence effectiveness
Policies & Procedures • Code of Ethics/Ethics Statement • Internal controls • “Fraud, Waste, and Abuse” reporting mechanism
Effective Monitoring • Internal Audit • Rewards & Punishment • Anonymous Tip Hotline
Regulations & Laws • Competitive Bids • Lobbying & Gifts • Private Use of Public Assets
Elements for an Effective Program • Tone at the top • Anonymous hotline • Internal Audit • Workplace conditions • Employee education • Open communication • Hiring independent external auditors • Active Board • Active audit committee
Resources • “Guide to Internal Control and Fraud Prevention” • The ACFE Report to the Nation 2010 • The COSO Report www.coso.org • Jackson Thornton Corporate Governance • Rod.Ballard@jacksonthornton.com • 334-240-3622