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So Who’s Committing
    Fraud in Your
   Organization?
   Richard M. Potocek
     CPA, MBA, CFE


     January 9, 2013
So Who’s Committing Fraud in
Your Organization?

   The Association of Certified Fraud
  Examiners 2012 Report to the Nation
  According to the report, theft of
   organizational assets, corruption/bribery
   and financial statement fraud worldwide
   cost companies an average of 5% of
   gross revenues each year.




                                               2
Occupational Fraud and Abuse Classification System




           ©2012 Association of Certified Fraud Examiners, Inc.   3
Distribution of How Fraud is Committed
  Occupational Frauds by Category — Frequency




          ©2012 Association of Certified Fraud Examiners, Inc.   4
Losses Associated with Internal Fraud
 The median loss for all cases reported in the 2011 - 2012 reporting period
 was $140,000. However, more than 20% of these cases involved losses of
 at least $1 million.

    Asset Misappropriations were by far the most frequent fraud schemes
     reported to the ACFE, accounting for more than 86% of cases, yet these
     schemes also caused the lowest median loss at $120,000.

    Financial Statement Fraud was involved in less than 8% of the cases
     studied, but caused the greatest median loss at $1 million.

    Corruption Schemes fell in the middle in terms of both frequency
     (approximately one-third of the cases reported) and median loss
     ($250,000).

 These loss figures do not include the costs in time and money spent to
 investigate each case, or the damage to organizational reputation in high
 profile cases.



                 ©2012 Association of Certified Fraud Examiners, Inc.         5
So Who’s Committing Fraud in
Your Organization?

           Who Commits Fraud?
    In two-thirds of the fraud schemes, the
     perpetrator acted alone.
    A majority - 55 percent - attended college
     or graduated from college.
    Approximately 14 percent obtained a
     postgraduate degree. The median loss
     increases from $100,000 for employees
     with a high school diploma to $300,000 for
     employees who obtained a postgraduate
     degree.

                                                  6
So Who’s Committing Fraud in
Your Organization?


       Who Commits Fraud? (cont.)

    They are likely to be male, aged 31-45.
     Males are 33 percent more likely to commit
     fraud than their female colleagues.
    At the employee level, the amount of fraud
     committed is pretty much 50/50 between
     males and females. However, as you move
     up the level of authority in an
     organization, men start pulling away.


                                                  7
So Who’s Committing Fraud in
Your Organization?

       Who Commits Fraud? (cont.)
   At the manager/senior executive level, men are
    approximately 25 percent more likely to commit
    fraud.
   At the owner/top executive level, men are
    approximately 40 percent more likely than
    females to commit fraud.
   The median loss associated with males -
    $232,000 - was more than double the median
    loss associated with females at $100,000.

                                                     8
So Who’s Committing Fraud in
Your Organization?


       Who Commits Fraud? (cont.)
    More than half of the employees who
     committed fraud had more than five years'
     experience with their organizations.
    The median loss increases as the number of
     years with an employer increases. The
     median loss for employees with less than
     one year of tenure was $47,000 and rose to
     $289,000 for employees with 10 or more
     years of tenure.

                                                  9
So Who’s Committing Fraud in
Your Organization?

       Who Commits Fraud? (cont.)
  An employee who commits fraud usually works
  in one of the following departments:

    Accounting          Customer Service
    Operations          Purchasing
    Sales               Upper Management




                                                10
So Who’s Committing Fraud in
Your Organization?


       Who Commits Fraud? (cont.)

   These six departments accounted for 80
   percent of the cases examined in the report.
   Most, 22 percent, were employed in the
   accounting department where they had easier
   access to records and documents to conceal
   or perpetrate a fraud and over-ride internal
   controls.




                                                  11
So Who’s Committing Fraud in
Your Organization?


       Who Commits Fraud? (cont.)
   My Personal Experience:

   Accounts Payable Clerk– Usually a modestly
   compensated employee whose only job is to cut
   checks to pay the organization’s bills that have
   been approved for payment. Without significant
   internal controls, it is easy to generate a fake bill
   from a fictitious vendor (a friend/relative), forge
   approval initials and cut the check.


                                                           12
So Who’s Committing Fraud in
Your Organization?


       Who Commits Fraud? (cont.)
   The presence of the following
   characteristics does not, in and of itself,
   signify that an employee is committing
   fraud or will in the future. These are just
   the common traits and characteristics of
   the average fraud perpetrator identified in
   the Association of Certified Fraud
   Examiners annual report.

                                                 13
So Who’s Committing Fraud in
Your Organization?

       Motivations to Commit Fraud
   Divorce or other expensive family issues

   Drug/gambling/sex/shopping addictions

   Legal and tax problems
   Strong feelings (usually verbalized to
    coworkers) about inadequate pay or being
    passed over for promotions ─ the “I deserve
    more” rationalization
   Challenge – “I’m smarter than they are.”

                                                  14
So Who’s Committing Fraud in
Your Organization?

 Characteristics of an Employee Already
      Involved in a Fraud Scheme
  Unusually close relationship with a vendor or customer
   – “kick-back scheme”
  Defensiveness, irritability and suspiciousness – often
   the reaction from a management level employee
  Refusal to take vacations or sick days – need to be
   present to cover up the fraud
  No interest in seeking promotions out of current
   department
  Volunteering to take all phone calls for the department
   or handle all customer complaints

                                                         15
So Who’s Committing Fraud in
Your Organization?

       Who Commits Fraud? (cont.)

  An overwhelming number of employees
   who commit fraud - 93 percent - have no
   prior criminal record or history of a fraud-
   related offense. This doesn’t mean they
   haven’t done it before. …




                                              16
So Who’s Committing Fraud in
Your Organization?

        Who Commits Fraud? (cont.)
  The reason so few fraud perpetrators are prosecuted
   is because many employers are too embarrassed to
   prosecute employees or don't want the publicity of the
   arrest of an employee who handled money or had
   access to someone's personal information.
  Many employers believe that the personal and
   business costs of prosecution are not worth the
   benefits received or money recovered. In many
   incidences, the employer recovers only a small portion
   of the amount stolen.



                                                       17
So Who’s Committing Fraud in
Your Organization?

       Who Commits Fraud? (cont.)

   Secrecy is especially true in the
    nonprofit sector, in which organizations
    are dependent on pledges or
    contributions from the public. Think of
    the impact on contributions if the
    donating public discovered that a
    portion of their contributions had been
    stolen.

                                               18
So Who’s Committing Fraud in
Your Organization?

      My Personal Recommendations
   If management chooses not to report to
    law enforcement, or even it does, file a
    lawsuit against the employee to put future
    employers (who do pre-employment
    background investigations) on notice
   “Deterrent Effect” - If no action is taken
    against the employee, what message does
    that send to others in the organization?


                                                 19
So Who’s Committing Fraud in
Your Organization?

      My Personal Recommendations
   Always conduct a “quality” pre-employment or
    executive due diligence investigation for all
    new hires. In addition to identifying applicants
    with issues, it is a deterrent to those with
    “baggage” from applying in the first place.
   Executive management should not get a pass.
    A due diligence investigation should be
    conducted to confirm
    credentials, education, degrees
    earned, experience, etc.
                                                       20
So Who’s Committing Fraud in
Your Organization?

      My Personal Recommendations
   Consider conducting employment re-
    investigation every three to five years. The
    “perfect” new employee at day one may
    have a bankruptcy, tax and other
    liens, multiple DUIs, lawsuits, a
    foreclosure, a conviction, etc.
   Negative results may not be grounds for
    termination, but might be a reason to re-
    assess the employee’s role in the company.

                                                   21
So Who’s Committing Fraud in
Your Organization?

       Detection of Fraud Schemes




         ©2012 Association of Certified Fraud Examiners, Inc.
                                                                22
So Who’s Committing Fraud in
Your Organization?

       My Personal Recommendations
  50.9% of internal frauds are discovered by a “tip” from
  another employee.
   Provide employees with a way to report concerns of
    fraud, unethical practices, safety, etc. to management
    anonymously:
     – Subscribe to a “Hot Line” telephone service or provide
       an anonymous email address. Employees can then
       report their concerns without worrying about
       retribution from coworkers, supervisors or
       management.
     – Consider putting the Hot Line # on the website for
       vendors, customers and others to use.


                                                                23
4550 Montgomery Avenue, Suite 650N • Bethesda, MD 20814



                 Questions & Answers
                  Rick Potocek, Forensic
                  Accounting and Dispute
                  Services Principal
                      Email:        rick.potocek@grfcpa.com
                      Telephone:    (301) 951 – 9090
                      Website:      www.grfcpa.com

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Who Commits Fraud

  • 1. So Who’s Committing Fraud in Your Organization? Richard M. Potocek CPA, MBA, CFE January 9, 2013
  • 2. So Who’s Committing Fraud in Your Organization? The Association of Certified Fraud Examiners 2012 Report to the Nation  According to the report, theft of organizational assets, corruption/bribery and financial statement fraud worldwide cost companies an average of 5% of gross revenues each year. 2
  • 3. Occupational Fraud and Abuse Classification System ©2012 Association of Certified Fraud Examiners, Inc. 3
  • 4. Distribution of How Fraud is Committed Occupational Frauds by Category — Frequency ©2012 Association of Certified Fraud Examiners, Inc. 4
  • 5. Losses Associated with Internal Fraud The median loss for all cases reported in the 2011 - 2012 reporting period was $140,000. However, more than 20% of these cases involved losses of at least $1 million.  Asset Misappropriations were by far the most frequent fraud schemes reported to the ACFE, accounting for more than 86% of cases, yet these schemes also caused the lowest median loss at $120,000.  Financial Statement Fraud was involved in less than 8% of the cases studied, but caused the greatest median loss at $1 million.  Corruption Schemes fell in the middle in terms of both frequency (approximately one-third of the cases reported) and median loss ($250,000). These loss figures do not include the costs in time and money spent to investigate each case, or the damage to organizational reputation in high profile cases. ©2012 Association of Certified Fraud Examiners, Inc. 5
  • 6. So Who’s Committing Fraud in Your Organization? Who Commits Fraud?  In two-thirds of the fraud schemes, the perpetrator acted alone.  A majority - 55 percent - attended college or graduated from college.  Approximately 14 percent obtained a postgraduate degree. The median loss increases from $100,000 for employees with a high school diploma to $300,000 for employees who obtained a postgraduate degree. 6
  • 7. So Who’s Committing Fraud in Your Organization? Who Commits Fraud? (cont.)  They are likely to be male, aged 31-45. Males are 33 percent more likely to commit fraud than their female colleagues.  At the employee level, the amount of fraud committed is pretty much 50/50 between males and females. However, as you move up the level of authority in an organization, men start pulling away. 7
  • 8. So Who’s Committing Fraud in Your Organization? Who Commits Fraud? (cont.)  At the manager/senior executive level, men are approximately 25 percent more likely to commit fraud.  At the owner/top executive level, men are approximately 40 percent more likely than females to commit fraud.  The median loss associated with males - $232,000 - was more than double the median loss associated with females at $100,000. 8
  • 9. So Who’s Committing Fraud in Your Organization? Who Commits Fraud? (cont.)  More than half of the employees who committed fraud had more than five years' experience with their organizations.  The median loss increases as the number of years with an employer increases. The median loss for employees with less than one year of tenure was $47,000 and rose to $289,000 for employees with 10 or more years of tenure. 9
  • 10. So Who’s Committing Fraud in Your Organization? Who Commits Fraud? (cont.) An employee who commits fraud usually works in one of the following departments:  Accounting  Customer Service  Operations  Purchasing  Sales  Upper Management 10
  • 11. So Who’s Committing Fraud in Your Organization? Who Commits Fraud? (cont.) These six departments accounted for 80 percent of the cases examined in the report. Most, 22 percent, were employed in the accounting department where they had easier access to records and documents to conceal or perpetrate a fraud and over-ride internal controls. 11
  • 12. So Who’s Committing Fraud in Your Organization? Who Commits Fraud? (cont.) My Personal Experience: Accounts Payable Clerk– Usually a modestly compensated employee whose only job is to cut checks to pay the organization’s bills that have been approved for payment. Without significant internal controls, it is easy to generate a fake bill from a fictitious vendor (a friend/relative), forge approval initials and cut the check. 12
  • 13. So Who’s Committing Fraud in Your Organization? Who Commits Fraud? (cont.) The presence of the following characteristics does not, in and of itself, signify that an employee is committing fraud or will in the future. These are just the common traits and characteristics of the average fraud perpetrator identified in the Association of Certified Fraud Examiners annual report. 13
  • 14. So Who’s Committing Fraud in Your Organization? Motivations to Commit Fraud  Divorce or other expensive family issues  Drug/gambling/sex/shopping addictions  Legal and tax problems  Strong feelings (usually verbalized to coworkers) about inadequate pay or being passed over for promotions ─ the “I deserve more” rationalization  Challenge – “I’m smarter than they are.” 14
  • 15. So Who’s Committing Fraud in Your Organization? Characteristics of an Employee Already Involved in a Fraud Scheme  Unusually close relationship with a vendor or customer – “kick-back scheme”  Defensiveness, irritability and suspiciousness – often the reaction from a management level employee  Refusal to take vacations or sick days – need to be present to cover up the fraud  No interest in seeking promotions out of current department  Volunteering to take all phone calls for the department or handle all customer complaints 15
  • 16. So Who’s Committing Fraud in Your Organization? Who Commits Fraud? (cont.)  An overwhelming number of employees who commit fraud - 93 percent - have no prior criminal record or history of a fraud- related offense. This doesn’t mean they haven’t done it before. … 16
  • 17. So Who’s Committing Fraud in Your Organization? Who Commits Fraud? (cont.)  The reason so few fraud perpetrators are prosecuted is because many employers are too embarrassed to prosecute employees or don't want the publicity of the arrest of an employee who handled money or had access to someone's personal information.  Many employers believe that the personal and business costs of prosecution are not worth the benefits received or money recovered. In many incidences, the employer recovers only a small portion of the amount stolen. 17
  • 18. So Who’s Committing Fraud in Your Organization? Who Commits Fraud? (cont.)  Secrecy is especially true in the nonprofit sector, in which organizations are dependent on pledges or contributions from the public. Think of the impact on contributions if the donating public discovered that a portion of their contributions had been stolen. 18
  • 19. So Who’s Committing Fraud in Your Organization? My Personal Recommendations  If management chooses not to report to law enforcement, or even it does, file a lawsuit against the employee to put future employers (who do pre-employment background investigations) on notice  “Deterrent Effect” - If no action is taken against the employee, what message does that send to others in the organization? 19
  • 20. So Who’s Committing Fraud in Your Organization? My Personal Recommendations  Always conduct a “quality” pre-employment or executive due diligence investigation for all new hires. In addition to identifying applicants with issues, it is a deterrent to those with “baggage” from applying in the first place.  Executive management should not get a pass. A due diligence investigation should be conducted to confirm credentials, education, degrees earned, experience, etc. 20
  • 21. So Who’s Committing Fraud in Your Organization? My Personal Recommendations  Consider conducting employment re- investigation every three to five years. The “perfect” new employee at day one may have a bankruptcy, tax and other liens, multiple DUIs, lawsuits, a foreclosure, a conviction, etc.  Negative results may not be grounds for termination, but might be a reason to re- assess the employee’s role in the company. 21
  • 22. So Who’s Committing Fraud in Your Organization? Detection of Fraud Schemes ©2012 Association of Certified Fraud Examiners, Inc. 22
  • 23. So Who’s Committing Fraud in Your Organization? My Personal Recommendations 50.9% of internal frauds are discovered by a “tip” from another employee.  Provide employees with a way to report concerns of fraud, unethical practices, safety, etc. to management anonymously: – Subscribe to a “Hot Line” telephone service or provide an anonymous email address. Employees can then report their concerns without worrying about retribution from coworkers, supervisors or management. – Consider putting the Hot Line # on the website for vendors, customers and others to use. 23
  • 24. 4550 Montgomery Avenue, Suite 650N • Bethesda, MD 20814 Questions & Answers Rick Potocek, Forensic Accounting and Dispute Services Principal Email: rick.potocek@grfcpa.com Telephone: (301) 951 – 9090 Website: www.grfcpa.com