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Getting Started with a Fraud Investigation February 27, 2013. Allen Brown, CPA, CFE abrown@lla.la.gov. ISLAND SCAM. A joint venture (“JV”) on a beautiful island far away . Total employees 145 .
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Getting Started with a Fraud InvestigationFebruary 27, 2013 Allen Brown, CPA, CFE abrown@lla.la.gov
ISLAND SCAM • A joint venture (“JV”) on a beautiful island far away. • Total employees 145. • Inconsistencies in financial information being provided by Finance Manager of the JV, “Big Spender”. • Tab for losses = over $500,000. *
Profile: Mr. Big Spender • Hired as Senior Accountant and quickly promoted to Finance Manager. • Authorized signatory on bank accounts and company VISA credit card • Credit Card Scam – Personal purchases • Duties included accounts payable, bank and payroll preparation and reconciliation • Payroll Scam – Salary increases, TDI, 401K • Payables Scam – Checks to self, family members, and as payment for personal expenses • Luxury Car Scam: $386,000 • He was the company Ethics Officer
Four Things Needed to be Successful at Fraud Work • Authority • Support • Skill • Courage
Understandable Need Illness Family issues Loss of second income Greed Life style Homes, Boats, Cars, Vacations Self-aggrandizement Why do people commit fraud?
Why do people commit fraud? • Personal issues • Addiction problems • Out of control debt • Revenge • Challenge • Compensation Incentives
Reasons People Do Not Commit Fraud • Personal values • Fear of getting caught • Internal Controls (perception of detection) • Fear of punishment • Public embarrassment
Getting Started With the Investigation • Source of the allegation or initiating information • Audit information • Analytical procedures • Tip • Other sources?
Talking with the Tipster • What is their motive? • Anonymous VS. Known • Detail • Decision making information
Hot Lines • The good • Mechanism for reporting • Allows anonymous reporting • The bad • If you don’t respond, you must be part of the problem • Prioritizing the information – project selection
Hot Lines • Handling • Establish a consistent method of project selection • Document this process • FOLLOW YOUR PROCESS CONSISTENTLY!!!
Going In The Door • Knowing as much as possible before you enter • From the tipster • Other outside sources
Going In The Door • Based on your information and assessment of the type of scheme(s) • Who • Who is “involved”? • Who will I need to talk with – Protocol? • Who has the records? • Who may I need to contact? • Prosecutor, Law enforcement, Regulatory Agencies • Grantor
Going In The Door • What • Based on your information what documents and other evidence will you need? • Who has custody of the documents? • Invoices, PO’s, Requisitions, Bid doc’s, Bank Records • Receiving reports, shipping information, payroll data • Inventory records, aged payables
Going in the Door • What (cont.) • What approvals are required to obtain certain documents? • HR records - Proprietary information • Will I need to take the records?
Going In The Door • Where • Location(s) of what you need • Do you need to take control of several locations at once? • Volume of the records that may be needed • The location and volume of the records will impact the resources needed to start the investigation
Order of Attack • Your attack strategies • Documents • Interviews • Outside experts
Order of Attack • Interviews • Neutral witnesses • Corroborating witnesses • Co-Conspirators • Special person
To seize or not to seize You must protect the documents May they be left in place Hard copy Electronic records Obtaining the Documents
Obtaining the Documents • Chain of custody • Who • What • Where • When • How • Description
The Special Person • Are they still there? • Do you want them there? • Other issues