Procurement Fraud Mitigation and Strategic Governance Masterclass
1. THINKING BEYOND THE OBVIOUS
Procurement Fraud Mitigation &
Strategic Governance Masterclass
Eliminating 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
2. OVERVIEW
Crime in the business place is without doubt a threat to the stability of a business. Accordingly, the business must be aware
of problems and promptly take the necessary action to counter the threats and solve the problems that they are facing. It is
important 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 does
not repeat itself.
Your expert facilitators will discuss important measures for organizations to adopt in order to prevent bribery in the procurement
process 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 need
to 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 Africa
by the regulations to the new South African Companies Act, which require companies to adopt and implement the Organisation
for Economic Development and Cooperation recommendations for reducing corruption. A comprehensive explanation will be
given on what those recommendations entail and how companies should go about setting up a rigorous anti-bribery compliance
program. Additionally, your facilitators will provide insights on how to manage forensics investigations, incorporating best practices
in respect of recovering losses from perpetrators as well as interviewing techniques which will assist clients in detecting deception
and 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
3. 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 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
4. 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 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
5. 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 training
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
6. Procurement Fraud
Mitigation & Strategic ONLY
Governance Masterclass
R749
1 - 2 November 2012 Per D
eleg
0
Registration Form Global Prospectus Training Centre, ex. VA ate,
T.
366 Pretoria Avenue, Randburg
GPW Marketing
Fax Completed Registration Form To: +27 11 781 6044
Company 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 CARD
Name: Cardholder’s Name:
DETAILS
Position: Credit Card Number:
Signature: Date: CVC No: Expiry Date:
PAYMENT METHODS
1. 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: 254005
TERMS & CONDITIONS
The 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 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