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Day 1-SessionII. Understanding fraud and corruption. Session Overview. Understanding corruption. Audit mandate and audit mandate within SAI India. ASOSAI understanding in fighting fraud and corruption. Definition of ‘Corruption’ – Prevention of Corruption Act, 1988.
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Day 1-SessionII Understanding fraud and corruption RTI, Nagpur
Session Overview • Understanding corruption. • Audit mandate and audit mandate within SAI India. • ASOSAI understanding in fighting fraud and corruption. RTI, Nagpur
Definition of ‘Corruption’ – Prevention of Corruption Act, 1988 • Act involving illegal gratification by public servant for himself or for any other person as a reward in discharge of official duties. • Act involving illegal gratification for inducing another public servant through personal influence to do a favour or any disfavour • Habitual acceptance of gratification by a public servant other than legal remuneration as a motive or obtaining valuable thing without adequate consideration or misappropriation of property entrusted by dishonest means is criminal misconduct. Also involves criminal breach of trust. RTI, Nagpur
Elements of ‘Corruption’ • Two parties – one offering reward/inducement and the other accepting the same • Involves misuse of office for private gain. • Involves dishonest use or breach of trust of office or authority. • Involves actual or potential risk of loss or misappropriation of public property. RTI, Nagpur
Many cases of fraud involve corruption • Most financial reporting fraud involves misstatement through • Through manipulation of accounting records. • Misrepresentation or intentional omission of events, transactions or other significant information. • Intentional misapplication of accounting policies. RTI, Nagpur
Audit mandate • Most SAIs have inherent right to audit cases of fraud during discharge of audit functions. • Such duties are derived from the duty to ensure that adequate and effective machinery is in place to obtain accountability. RTI, Nagpur
ASOSAI recommendations for fraud deterrence • Adequate level of financial and operative independence and breadth of audit coverage. • Vigorous evaluation of adequacy and efficacy of financial and internal control systems. • Focused audit strategy for high risk areas through developing effective high risk indicators. • Exchange of information co-operation among national and international bodies fighting corruption. • Intensify exchange of experiences of fraud and corruption among SAIs. RTI, Nagpur