Fraud Examination, 4E

1. Chapter 3: Fighting Fraud: An Overview Fraud Examination, 4E © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

2. Learning Objectives Become familiar with the different ways that organizations can fight fraud. Understand the importance of fraud prevention. Understand how to create a culture of honesty and high ethics. Understand why hiring the right kind of employees can greatly reduce the risk of fraud. Understand how to assess and mitigate the risk of fraud. Know different ways to investigate fraud Be familiar with legal actions to take once fraud is discovered © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

3. Learning Objectives • Understand the importance of early fraud detection. • Understand different approaches to fraud investigation. • Be familiar with the different options for legal action that can be taken once fraud has occurred. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

4. Organizations fight fraud by implementing: Fraud prevention Early fraud detection Fraud investigation Follow-up legal action and/or resolution How Organizations Fight Fraud © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

5. Fraud Prevention • Fraud prevention is the most cost-effective way to reduce fraud • Involves two fundamental activities: • Sustain a culture of honesty and high ethics • Assess the risks for fraud, develop concrete responses to mitigate the risks, and eliminate the opportunities for fraud © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

6. Fraud Prevention • Sustain a Culture of Honesty & High Ethics • Five critical elements: • Have top management model appropriate behavior • Hire the right kind of employees • Communicate expectations and require periodic written acceptance to the expectations • Create a positive work environment • Enforce policies for handling fraud © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

7. Fraud Prevention • Tone at the Top (Proper Modeling) • Research on Why People Lie • Have fear of punishment or adverse consequences • Have a habit of lying • Seen others lie or have had negative modeling • Feel if they tell the truth they won’t get what they want © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

8. Hiring the Right Kind of Employees Proactive hiring procedures include: Background investigations References Tests for honesty Fraud Prevention © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

9. Ethical Maturity Model © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

10. Fraud Prevention • Communicating Expectations • Identify and codify appropriate values and ethics • Training employees in fraud awareness • Communicating consistent expectations about punishment of violators © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

11. Creating a Positive Work Environment Fraud occurs less frequently when employees have Positive feelings about an organization A sense of ownership in the organization Fraud Prevention © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

12. Fraud Prevention • Proper Handling of Fraud and Fraud Perpetrators • Ensure that • Facts are investigated thoroughly • Firm and consistent actions are taken against perpetrators • Risks and controls are assessed and improved • Communication and training are ongoing © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

13. Fraud Prevention • Eliminate Fraud Opportunities • Organizations should: • Identify and measure fraud risks • Implement preventative and detective controls • Create widespread monitoring by employees • Have internal and external auditors © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

14. Three Primary Ways to Detect Fraud By chance By providing “whistle-blowing” systems By data mining Early Fraud Detection © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

15. Early Fraud Detection • Whistle-blowing Systems • A reporting hotline or online system that allows others to call in or submit an anonymous tip of a fraud suspicion • Examples: • Internal systems/hotlines • The Association of Certified Fraud Examiners • Allegience © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

16. Mining Company Databases Mining databases for suspicious trends, numbers, and other anomalies. Early Fraud Detection © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

17. Fraud Investigation • Fraud investigation should occur only if a predication of fraud exists. • Predication refers to the circumstances, taken as a whole, that would lead a reasonable, prudent professional to believe a fraud has occurred, is occurring, or will incur. © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

18. Considerations before investigating fraud: Need management’s approval Pursued only when predication exists Investigators rely heavily on interviews Fraud Investigation © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

19. The Evidence Square © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

20. Fraud Investigation • Testimonial Evidence • Evidence gathered from individuals • Techniques: • Interviewing • Interrogation • Honesty tests © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

21. Fraud Investigation • Documentary Evidence • Gathered from paper, computers, and other written or printed sources • Techniques: • Document examination • Data mining • Public records searches • Audits • Computer searches • Net worth calculations • Financial statement analysis • Corporate databases • E-mail servers © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

22. Fraud Investigation • Physical Evidence • Fingerprints • Tire marks • Weapons • Stolen property • Identification numbers • Marks on stolen objects • Other tangible evidence • Techniques: • Forensic analysis by experts © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

23. Fraud Investigation • Personal Observation • Evidence that is sensed (seen, heard, felt, etc.) by the investigators • Techniques: • Invigilation • Surveillance • Covert operations © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

24. Fraud Investigation • The Fraud Element Triangle: Theft Act • Catch perpetrators in the embezzlement act or to gather information about the actual theft acts • The Fraud Element Triangle: Concealment • Focus on records, documents, computer programs and servers, and other places where perpetrators conceal or hide their dishonest acts © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

25. The Fraud Element Triangle: Conversion Search for ways the perpetrators spent or used their stolen assets. Fraud Investigation © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

26. Conducting a Fraud Investigation • Undertaken only to “establish the truth” • Experienced and objective investigators • Confidentiality • Need to know • Evidence independently corroborated • No questionable investigative techniques • Fair and objective communication © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

27. Organizations face the options to… take no legal action pursue civil remedies, and/or pursue criminal action against the perpetrators Follow-Up Legal Action © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

28. Follow-Up Legal Action • No Legal Action • What are consequences of taking no legal action? © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

29. Follow-Up Legal Action • Civil Action • To recover money or other assets taken • Quite rare with employee fraud – most of the money is spent • More common when other organizations are involved • May sue the auditors or others with “deep pockets” © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

30. Follow-Up Legal Action • Criminal Action • Only be brought by law enforcement agencies • Usually involve fines, prison terms, or both • More difficult to get a criminal conviction than a judgment in a civil case © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.