Procurement Fraud
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Procurement Fraud Procurement Fraud Document Transcript

  • THINKING BEYOND THE OBVIOUSProcurement Fraud Mitigation &Strategic Governance MasterclassEliminating financial crime and building business integrity 1 - 2 November 2012 Global Prospectus Training Centre, 366 Pretoria Avenue, Randburg “When it is a question of money everyone is of the same religion.” - Voltaire SETA Accreditation No. 2502
  • OVERVIEWCrime in the business place is without doubt a threat to the stability of a business. Accordingly, the business must be awareof problems and promptly take the necessary action to counter the threats and solve the problems that they are facing. It isimportant that not only must there be an awareness of the crime, but it must also be fully investigated, using the right personnel,and ensuring that action to follow is legally sound and correct. Systems must likewise be put in place to ensure that the crime doesnot repeat itself.Your expert facilitators will discuss important measures for organizations to adopt in order to prevent bribery in the procurementprocess as well as global developments in respect of Fraud and Corruption including the impact of global extra-territorial anti-bribery legislation such as the United Kingdom Bribery Act (UKBA) as well as the Foreign Corrupt Practices Act of the United States(FCPA) on business activities in Africa. Key aspects of each of these sets of legislation will be highlighted and what companies needto implement in order to establish an “adequate procedures” defence against prosecution.The focus will also be on critically important anti-corruption compliance procedures which have been introduced in South Africaby the regulations to the new South African Companies Act, which require companies to adopt and implement the Organisationfor Economic Development and Cooperation recommendations for reducing corruption. A comprehensive explanation will begiven on what those recommendations entail and how companies should go about setting up a rigorous anti-bribery complianceprogram. Additionally, your facilitators will provide insights on how to manage forensics investigations, incorporating best practicesin respect of recovering losses from perpetrators as well as interviewing techniques which will assist clients in detecting deceptionand dishonesty in the procurement process. BENEFITS OF ATTENDING• Exploring anti-corruption compliance• Fraud and Corruption theory and prevention techniques• Loss Recovery Techniques• Employing best practices to recover the proceeds of crime from offenders• Interviewing Techniques• Define Procurement Fraud• Global anti-corruption legislation• South African anti-corruption criminal justice infrastructure• The regulations to the South African Companies Act (section 43) WHO SHOULD ATTEND• Procurement Department • Fraud Prevention Managers• Internal Auditors • Financial Controllers• External Auditors • Administration Managers• Investigators • Security Managers• Anti-Corruption Managers • Internal Legal Advisors• Accounting Officers • External Legal Advisors• Compliance Managers • Treasurers• Risk Managers • Credit Officers• Forensic Auditors • IT Managers• Forensic Specialists GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj Pillay Johannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc. Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates
  • EXPERT FACILITATORS Robert Cameron-Ellis Director, ENS Forensics (Pty) Limited, South Africa He is a director of ENS Forensics (Pty) Ltd, a subsidiary of the law firm Edward Nathan Sonnenbergs. He is one of the leading forensic accountants in South Africa. Robert is a Registered Auditor, Chartered Accountant and Certified Fraud Examiner. A Chartered Accountant in a law firm brings a whole different perspective to resolving our clients’ concerns. For the last eighteen years Robert has specialised in providing accounting and forensic audit support to the legal process. His experience includes four years in London and Eastern Europe and many engagements in Africa. The auditor’s holistic approach married to the focused discipline of a Certified Fraud Examiner can mean the difference between working with the facts you have and that extra evidence which makes the breakthrough. Robert has served as expert witness in complex commercial disputes, criminal proceedings and damage quantifications. Steven Powell Managing Director, ENS Forensics (Pty) Limited, South Africa Steve Powell is an executive at ENS (Edward Nathan Sonnenbergs) forensics and has more than 21 years experience as an advocate, specialist white-collar crime prosecutor and forensics lawyer. He specialises in leading forensic investigations, resulting in successful disciplinary and criminal proceedings against offenders as well as the recovery of losses from perpetrators. He has acted for the Asset Forfeiture Unit on recovering the proceeds of crime flowing from corporate fraud, as well as drug and abalone smuggling. He has also previously acted as a specialist prosecutor for the Department of Justice. Steven’s practice experience extends to anti - fraud and corruption matters, assisting international clients with anti-fraud and anti-bribery due diligence and compliance programs and assisting clients to comply with the anti-corruption requirements of the US Foreign Corrupt Practices Act, the UK Bribery Act, as well as the SA, Prevention and Combating of Corrupt Activities Act. He has extensive experience in conducting enhanced anti-bribery due diligences in respect of mergers, acquisitions and joint ventures or agent / intermediary appointments. His experience also includes performing forensic work across a multitude of industries in both the private and public sectors. Additionally, he assists clients with preventing fraud through the development and implementation of policies and strategies and specialised in-house training and education programmes. Steven’s experience further encompasses a high percentage of confessions during suspect interviews with the application of deception detection techniques. He has a track record of successful disciplinary and criminal proceedings against offenders further complimented by noteworthy criminal and/or civil loss recovery achievements. Additionally, he has conducted a multitude of fidelity claims on behalf of clients against insurers and has executed a multitude of restraint and forfeiture orders on behalf of the Asset Forfeiture Unit.GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj PillayJohannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc.Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates
  • DAY 1 Session One Session Three Exploring anti-corruption compliance Loss Recovery Techniques • Gaining an overview of: Employing best practices to recover the proceeds of crime - global anti-corruption legislation from offenders - South African anti-corruption criminal • Asset Tracing justice infrastructure • Suspect Profiling - The regulations to the South African Companies • Civil and criminal recovery techniques Act (section 43) • Asset forfeiture • Summary of the OECD recommendations on • Compensation Orders reducing corruption • Anton Piller Orders • Focusing on the US FCPA • Moreva injunctions • Discussing UK Bribery Act • Attachment Orders • Examining the “adequate procedures defence” • Consent • Investigating the cost of non-compliance • Protecting Remaining Assets • Discovering essential elements of a robust anticorruption compliance program Session Four • Addressing due diligence on vendors Interviewing Techniques Session Two Knowing how to determine when people are being deceptive and the ability to interpret behavioural clues Fraud and Corruption theory and and body language are critical skills for any person gathering information or conducting prevention techniques investigations • Fraud theory • Interview best practice theory • Profile of the fraudster • Interview techniques • Fraud prevention methodologies • Interpretation of body language • Procurement fraud schemes • Behavioral clues - Slush funds • Tips for the successful interview - Tender abuse • What to avoid - Bid Rigging - Cover quoting - Conflict of Interests - Related party transactions Practical Exercise: In this practical session delegates will - Nepotism be given an exercise on interviewing techniques, after • Establishing control mechanisms in which the trainer will then discuss potential problems and procurement processes solutions along with input from the group. • Screening employees and business partners, agents and intermediaries • Profiling suspects • The lifestyle audit • Electronic funds transfer fraud – Modus Operandi and key prevention measures • Procurement fraud red flags • The tools to combat fraud • Critical control measures Group Discussion: Delegates will be required to break into groups to discuss fraud and corruption theory and prevention techniques and how it should be approached for best results. Each group will be required to present their deliberations.GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj PillayJohannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc.Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates
  • DAY 2 Session One Session Three Defining Procurement Fraud The Big Procurement Fraud Hits your • Personal Purchase Schemes • Conflicts of Interest Organization – What is the First Step? • Tender Fraud • The critical first half hour • Kickbacks • Setting objectives • Inflated Billing • Who do you call? • Goods and services not rendered • Searches, seizures, suspensions and arrests • Pay and return schemes • Effective investigation • Shelf company schemes • Pass through schemes Round table discussion: The aim of this session is to • Acceptance of inferior quality facilitate knowledge exchange in which delegates share • Collusion and price fixing their individual thoughts if fraud hits your organisation • Fronting • Gaining insight into global anti-corruption legislation Session Four Illicit: The Dark Trade Session Two • Inside the criminal world of fakes Identifying Procurement Fraud Risk in your Organization Question and Answer session: In this highly interactive • Thinking like a crook and concluding practical session all other questions that • Approaches to highlighting possible risks arose during the course of the workshop will be discussed • SWOT Analysis and clarified by your trainer. • Interviews • Things to steal • Perpetrators A disciplined forensic approach • Creating chronologies • Red flag identification • Techniques for spotting and collating clues Practical Exercises: This interactive practical exercise will involve examining procurement documentation. PROGRAMME SCHEDULE All timings are approximate due to the interactive nature of the course. 08:00 – 08:30 Registration and early-morning tea 08:30 – 10:00 Opening remarks and morning session 10:00 – 10:30 Mid-morning refreshments and networking break 10:30 – 12:30 Mid-morning session 12:30 – 13:30 Networking luncheon 13:30 – 15:00 Afternoon session 15:00 – 15:15 Afternoon refreshments and networking break 15:15 – 16:30 Late Afternoon session 16:30 End of trainingGLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj PillayJohannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc.Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates
  • Procurement Fraud Mitigation & Strategic ONLY Governance Masterclass R749 1 - 2 November 2012 Per D eleg 0Registration Form Global Prospectus Training Centre, ex. VA ate, T. 366 Pretoria Avenue, RandburgGPW Suzan Fax Completed Registration Form To: +27 11 781 6044Company Name:Type of Business:Address:Tel: Fax: VAT Number:Delegate 1:Position: E-Mail:Delegate 2:Position: E-Mail:Delegate 3:Position: E-Mail:Delegate 4:Position: E-Mail:Delegate 5:Position: E-Mail:AUTHORISATION: Signatory must be authorised to sign on behalf of Company CREDIT CARDName: Cardholder’s Name: DETAILSPosition: Credit Card Number:Signature: Date: CVC No: Expiry Date:PAYMENT METHODS1. Bank Transfer - Global Prospectus Training (PTY) Ltd. 2. Credit card - Please fill in your credit card details above First National Bank: Randburg 3. Cheques - Made Payable to: Global Prospectus Training (PTY) Ltd. Account Number: 62109 270372 Branch Code: 254005TERMS & CONDITIONSThe following terms and conditions will apply: Substitutions Payment is required in full 5 days from date of invoice Delegates must inform Global Prospectus Training (PTY) Ltd in writing All payments to be made directly to Global Prospectus Training (PTY) Ltd. of any substitutions. No seats will be reserved, unless Global Prospectus Training (PTY) Ltd. receives a signed registration form. There is no charge for substitutions. Global Prospectus Training (PTY) Ltd. reserves the right, due to circumstances beyond our control, to change Global Prospectus Training (PTY) Ltd will not be held liable for incorrect speakers, program content, date & venue. Delegate details on Certi s, etc. in the event of substitutions being The signed registration form is a legally binding contract. made on the day of the conference. In the event of Global Prospectus Training (PTY) Ltd having to cancel or postpone an event due to circum-Cancellations stances beyond our control, delegates will be issued with a credit voucher,All cancellations will be subject to approval by the management of Global Prospectus Training (PTY) Ltd. - which may be used at another of our events.All cancellations made 7 days prior to date of the above mentioned event will be subject to a 50% cancellation fee.Cancellations made within 7 days of date of the above mentioned event, will be subject to a 100% cancellation fee. - Global Prospectus Training (PTY) Ltd will not be held liable for travel and accommoda -The will be no refunds or credit vouchers. tion costs. The conference fee includes: conference material, lunches and refreshments, but excludes travel & accommodation.GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj PillayJohannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc.Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates