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Hidden in Plain Sight:
Discovering and Preventing Employee
       Dishonesty and Fraud

               Presented by:
       Mary O’Connor, ASA, MRICS
     Partner, Dispute Advisory Services
Agenda
• Distinctions among fraud, embezzlement, theft and occupational
  dishonesty
• Uniform Occupational Fraud Classification System
• Interesting statistics
• Common fraud schemes
• Conducting a fraud investigation
• Prevention systems




                                                           2
Distinctions Among
Fraud, Embezzlement, Theft and Occupational
Dishonesty
Fraud is a much larger legal concept specifically related to a criminal
act as defined in the law. Fraud is both a civil and criminal matter in
litigation.

Fraud has Four Elements:
   • Material false statement
   • Knowledge that the statement was false
   • Reliance on the statement by the victim
   • Damages




                                                                3
Distinctions Among
Fraud, Embezzlement, Theft and Occupational
Dishonesty
   Embezzlement is theft committed by a person who is trusted.
Theft is the act of stealing by a person who is unknown to the victim.
Occupational fraud, also known as employee dishonesty, is the use of
   employment to commit fraud for personal enrichment through
  deliberate misuse of misapplication of employer’s resources and
                                 assets.




                                                             4
Uniform Occupational Fraud Classification System




                                         5
Uniform Occupational Fraud Classification System




                                         6
But my Auditor Gave a Clean Opinion
• An unqualified audit opinion does NOT mean that there is no
  employee dishonesty occurring in the organization
• Employee dishonesty can be significant and the books can still
  balance
• SAS 99, professional skepticism and materiality




                                                            7
Interesting Statistics
• Losses estimated at twice the annual budget
  of the US Department of Defense
• Direct correlation between age of fraudster
  and size of theft
• Direct correlation between job title of fraudster
  and size of theft
• Overwhelmingly happens in small operations
• External auditors rarely identify
  fraudulent activity




                                                      8
Who is the Fraudster?
• Otherwise honest and responsible citizen
• Computes the likelihood of capture and believes it is worth the risk
• Tends to be middle-aged, of either
  gender and well-regarded in the
  organization




                                                              9
Interesting Statistics
          Initial Detection of Frauds




                                        10
Fraud Hot Spots
• Departments with Independent   •   Sensitive information on desks
  Systems; Remote locations      •   Insecure checks
• Cash and cash registers        •   Mail handling
• Too many bank accounts         •   Deposit handling
• Accounts Payable               •   Deficient IT System; loose
• Voucher System                     controls on voids and restarts
• Reliance on part-time
  employees
• Stop payments; Outstanding
  checks



                                                         11
Red Flags of Fraud/Occupational Dishonesty
• Independent IT Systems without proper interface
• Poor separation of duties; one person controls the accounting
  system
• Outdated IT system with inadequate security
• Poor internal controls- no one is really looking
• Over-reliance on certain employees
• Extravagant lifestyles
• Missing documents; “special” procedures




                                                           12
The Problem with Departmental Systems
    Businesses are composed of numerous sub-units and many are
 located remotely from the Central Administration. A manual interface
with the departmental system and the Finance Office is a major red flag
                      that requires investigation.




                            Manual
                           Interface



  Dept System                                   General Accounting
                                                     System

                                                            13
The Problem with Department Systems
   Departments often run autonomously and many collect significant
  amounts of cash in total annually. However, the daily deposits to the
  Finance Department may be small and seemingly immaterial. Cash
theft can easily occur and the entity’s books still balance. Note that theft
         can occur and the department system can be accurate.




                                                                 14
Uniform Occupational Fraud Classification System




                                         15
Common Fraud Schemes
Corruption

•   Conflicts of interest
•   Schemes with and without vendor knowledge
•   Bribery and kickbacks
•   Bid rigging and Procurement Fraud
     • Use of Shell Intermediary Companies
     • Improper use of Minority Companies
     • Multiple names for same Vendor
     • Different rules for different Vendors
     • Material Substitution
     • Change Order Game

                                                16
Uniform Occupational Fraud Classification System




                                         17
Common Fraud Schemes
Financial Statement Fraud

   •   Fictitious revenues
   •   Concealed liabilities
   •   Journal entry fraud
   •   Expenditures contrary to law or policy
   •   This is the focus of the external auditor




                                                   18
Uniform Occupational Fraud Classification System




                                         19
Common Fraud Schemes
Skimming and Lapping

   •   Recorded (lapping) and unrecorded (skimming) revenue
   •   Write-offs of receivables
   •   Voids and restarts
   •   Refunds
   •   Locus around cash




                                                         20
Common Fraud Schemes
Fraudulent Disbursements

   •   Billing: Shell companies; pass through entities
   •   Payroll: Ghost employees, falsified time record, failure to
       terminate
   •   Expense reimbursement
   •   Check tampering
   •   Bank reconciliations can miss the fraud
   •   Register disbursements: false voids, false refunds




                                                               21
Common Fraud Schemes
Inventory Misappropriation

   • False acquisitions and transfers
   • Simple theft
   • Conversion to personal use




                                        22
Conducting the Investigation – Why you need a
system in place for fraud incident investigation
Goals to this Process are:

   • To follow-up on all credible tips and complaints
   • To follow-up on all management letter issues to fraud
   • Form a response team that preserves the secrecy of the
     situation
   • Avoid the “Dick Tracy” syndrome
   • Create a plan that allows the organization to work together in the
     future




                                                            23
Conducting the Investigation
Goals (Continued)
   • Preserve the evidence especially the computer record
   • Deal with the administrative leave and other employment issues
   • Deal with employee morale issues; manage emotions
   • Keep the place going!!!!
   • Work for restitution, insurance claim preparation and possible
      criminal referral
   • Learn from mistakes of the past and fix the problems
   • Communicate effectively to stakeholders




                                                         24
Reasons to Call in a Forensics Team
Know the Endgame – Its not only to prosecute!

   • Preserve the relationship of audit team and staff
   • Preserve management relationship with staff
   • Tasks for the forensics team
       • Surveillance
       • Proof
       • Security of computer evidence
       • Interviewing
       • Insurance Claim/Restitution
       • Police/State’s Attorney Support


                                                         25
A System to Prevent Employee Dishonesty
First and Foremost: Secure the IT System

   •   Passwords and encryption
   •   Laptops and cell phones
   •   Clean desk policy
   •   One system among departments
   •   Sufficient firewalls to prevent hacking




                                                 26
A System to Prevent Employee Dishonesty
Create a Tone at the Top

   •   Clear policy and procedures
   •   Clear policy of punishment for malfeasance
   •   Lead by example
   •   Training, training, training
   •   Employee background checks and hiring practices




                                                         27
A System to Prevent Employee Dishonesty
Install an Effective Whistle-Blowing System

   •   Anonymous
   •   No reprisals
   •   Off site answering service
   •   Must follow-up on tips




                                              28
A System to Prevent Employee Dishonesty
Internal Control System

   •   Separation of duties
   •   Authorizations; look at limits
   •   Computer passwords
   •   Independent and surprise checks
   •   Separation of Treasury and Accounting functions
   •   Think through each system – Where are the holes?
   •   Rotate and Cross-Train
   •   Look at how checks and cash functions are handled




                                                           29
A System to Prevent Employee Dishonesty
Alert Vendors and Install Strict Controls

   •   Contract language to include right of audit
   •   Master vendor file
   •   Review addresses and relationships
   •   Physical verification
   •   Statistical analysis




                                                     30
A System to Prevent Employee Dishonesty
Secure the Physical Assets of the Organization

   •   Clean Desk Policy
   •   IT policy related to laptops, desktops, phones, iPads
   •   Checks!!!!!!
   •   No passwords on computer screens!!!!
   •   Secure receiving dock
   •   Semi-annual inventory of major assets




                                                               31
Questions?
 Questions?
About Sikich
•   Sikich is an accounting, advisory, technology and
    managed services firm with eight offices in four
    states and with clients throughout the United States
    and internationally.

•   A reputation for professional                          $70M in projected revenue in 2012
    excellence, unsurpassed client service, and timely
    and cost effective service delivery.
                                                                 7,000 business clients
•   We employ more than 400 people including 68
    partners, all of whom devote their careers to a              7,500 individual clients
    focused area.
                                                           153,882 square feet to serve clients
•   Accounting Today ranks the Firm 47th nationally
    among the Top 100 Accounting Firms and 12th
    in the Top 100 Value Added Resellers (VAR).                   400+ total personnel

•   May 1, 2012 was our 30th anniversary.                              68 partners

•   In 1998, Sikich began expanding through merging                8 offices in 4 states
    with firms already successful in target areas and
    hiring talent and developing service areas from
    scratch.
                                                           1 collaborative and positive culture
Honors & Recognitions
Accounting                     Technology
• #47 in Accounting Today’s    • Top 1% of all ERP solution
  2012 Top 100 Accounting        partners in the world
  Firms                        • 2012 Microsoft Dynamics Inner
• INSIDE Public Accounting’s     Circle
  Top 50 Accounting Firms in   • 2012 Microsoft Dynamics
  2012                           President's Club
• INSIDE Public Accounting’s   • #12 on Accounting Today's Top
  All-Star Firms in 2012         100 VARs in 2012
                               • #13 on Bob Scott's Top 100
                                 VAR List for 2012
Tracing Our Roots                                                                                  2012
                                                                                            30th Anniversary
$80,000,000

$70,000,000                                                                          2008-2011

$60,000,000                                                                    Merges with 4
                                                                               CPA firms and
                                                        1998                     solidifies
$50,000,000                                                                    position in the
                                                                                Top 50 with
                                            Merges with Intelligent Computer
$40,000,000            1982                   Solutions LLC and starts its
                                                                               more than 375
                                                                                employees
                                                 technology practice
             Sikich Gardner & Co. was
$30,000,000 formed; takes up residence in
               Aurora and Springfield
$20,000,000

$10,000,000

         $0




                                                                                                 35
The Sikich Service Areas
 Audit, Accounting & Tax           Advisory
 • Financial Reporting             • Business Valuation
 • Accounting Services             • Dispute Advisory
 • Tax Planning                    • Flex-Staff Solutions
                                   • Human Resources
                                   • Graphic Design & Marketing




 Technology                        Managed Services
 • Accounting & ERP Software       • Outsourced Accounting
 • CRM Software                    • Managed IT
 • IT Infrastructure               • Outsourced Human Resources
 • Cloud & Hosting Solutions       • Outsourced Marketing
 • Strategic IT Planning
 • Communication & Collaboration
 • IT Consulting
Industry Expertise, Tailored Approach
•   Agriculture
•   Construction                 Deep industry
                                 experience and
•   Government                   longevity.
•   Healthcare
•   Higher Education
                                    Cross sectional teams
•   Non Profit                      with a depth and breadth
•   Manufacturing & Distribution    of experience to handle
                                    the complete solution.
•   Professional Services
•   Real Estate
•   Retail                              Solution centric and
                                       product agnostic.
Contact Information
          Mary O’Connor, ASA, MRICS                         Sean Hastings
Partner, Valuation and Dispute Advisory Services   Director, Business Development
                    Sikich LLP                                Sikich LLP
                 T: 312.648.6652                           T: 630.210.3055
                 M: 708.646.8737                    Email: shastings@sikich.com
          Email: moconnor@sikich.com




                                                                         38

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Hidden in Plain Sight: Discovering and Preventing Employee Dishonesty and Fraud

  • 1. Hidden in Plain Sight: Discovering and Preventing Employee Dishonesty and Fraud Presented by: Mary O’Connor, ASA, MRICS Partner, Dispute Advisory Services
  • 2. Agenda • Distinctions among fraud, embezzlement, theft and occupational dishonesty • Uniform Occupational Fraud Classification System • Interesting statistics • Common fraud schemes • Conducting a fraud investigation • Prevention systems 2
  • 3. Distinctions Among Fraud, Embezzlement, Theft and Occupational Dishonesty Fraud is a much larger legal concept specifically related to a criminal act as defined in the law. Fraud is both a civil and criminal matter in litigation. Fraud has Four Elements: • Material false statement • Knowledge that the statement was false • Reliance on the statement by the victim • Damages 3
  • 4. Distinctions Among Fraud, Embezzlement, Theft and Occupational Dishonesty Embezzlement is theft committed by a person who is trusted. Theft is the act of stealing by a person who is unknown to the victim. Occupational fraud, also known as employee dishonesty, is the use of employment to commit fraud for personal enrichment through deliberate misuse of misapplication of employer’s resources and assets. 4
  • 5. Uniform Occupational Fraud Classification System 5
  • 6. Uniform Occupational Fraud Classification System 6
  • 7. But my Auditor Gave a Clean Opinion • An unqualified audit opinion does NOT mean that there is no employee dishonesty occurring in the organization • Employee dishonesty can be significant and the books can still balance • SAS 99, professional skepticism and materiality 7
  • 8. Interesting Statistics • Losses estimated at twice the annual budget of the US Department of Defense • Direct correlation between age of fraudster and size of theft • Direct correlation between job title of fraudster and size of theft • Overwhelmingly happens in small operations • External auditors rarely identify fraudulent activity 8
  • 9. Who is the Fraudster? • Otherwise honest and responsible citizen • Computes the likelihood of capture and believes it is worth the risk • Tends to be middle-aged, of either gender and well-regarded in the organization 9
  • 10. Interesting Statistics Initial Detection of Frauds 10
  • 11. Fraud Hot Spots • Departments with Independent • Sensitive information on desks Systems; Remote locations • Insecure checks • Cash and cash registers • Mail handling • Too many bank accounts • Deposit handling • Accounts Payable • Deficient IT System; loose • Voucher System controls on voids and restarts • Reliance on part-time employees • Stop payments; Outstanding checks 11
  • 12. Red Flags of Fraud/Occupational Dishonesty • Independent IT Systems without proper interface • Poor separation of duties; one person controls the accounting system • Outdated IT system with inadequate security • Poor internal controls- no one is really looking • Over-reliance on certain employees • Extravagant lifestyles • Missing documents; “special” procedures 12
  • 13. The Problem with Departmental Systems Businesses are composed of numerous sub-units and many are located remotely from the Central Administration. A manual interface with the departmental system and the Finance Office is a major red flag that requires investigation. Manual Interface Dept System General Accounting System 13
  • 14. The Problem with Department Systems Departments often run autonomously and many collect significant amounts of cash in total annually. However, the daily deposits to the Finance Department may be small and seemingly immaterial. Cash theft can easily occur and the entity’s books still balance. Note that theft can occur and the department system can be accurate. 14
  • 15. Uniform Occupational Fraud Classification System 15
  • 16. Common Fraud Schemes Corruption • Conflicts of interest • Schemes with and without vendor knowledge • Bribery and kickbacks • Bid rigging and Procurement Fraud • Use of Shell Intermediary Companies • Improper use of Minority Companies • Multiple names for same Vendor • Different rules for different Vendors • Material Substitution • Change Order Game 16
  • 17. Uniform Occupational Fraud Classification System 17
  • 18. Common Fraud Schemes Financial Statement Fraud • Fictitious revenues • Concealed liabilities • Journal entry fraud • Expenditures contrary to law or policy • This is the focus of the external auditor 18
  • 19. Uniform Occupational Fraud Classification System 19
  • 20. Common Fraud Schemes Skimming and Lapping • Recorded (lapping) and unrecorded (skimming) revenue • Write-offs of receivables • Voids and restarts • Refunds • Locus around cash 20
  • 21. Common Fraud Schemes Fraudulent Disbursements • Billing: Shell companies; pass through entities • Payroll: Ghost employees, falsified time record, failure to terminate • Expense reimbursement • Check tampering • Bank reconciliations can miss the fraud • Register disbursements: false voids, false refunds 21
  • 22. Common Fraud Schemes Inventory Misappropriation • False acquisitions and transfers • Simple theft • Conversion to personal use 22
  • 23. Conducting the Investigation – Why you need a system in place for fraud incident investigation Goals to this Process are: • To follow-up on all credible tips and complaints • To follow-up on all management letter issues to fraud • Form a response team that preserves the secrecy of the situation • Avoid the “Dick Tracy” syndrome • Create a plan that allows the organization to work together in the future 23
  • 24. Conducting the Investigation Goals (Continued) • Preserve the evidence especially the computer record • Deal with the administrative leave and other employment issues • Deal with employee morale issues; manage emotions • Keep the place going!!!! • Work for restitution, insurance claim preparation and possible criminal referral • Learn from mistakes of the past and fix the problems • Communicate effectively to stakeholders 24
  • 25. Reasons to Call in a Forensics Team Know the Endgame – Its not only to prosecute! • Preserve the relationship of audit team and staff • Preserve management relationship with staff • Tasks for the forensics team • Surveillance • Proof • Security of computer evidence • Interviewing • Insurance Claim/Restitution • Police/State’s Attorney Support 25
  • 26. A System to Prevent Employee Dishonesty First and Foremost: Secure the IT System • Passwords and encryption • Laptops and cell phones • Clean desk policy • One system among departments • Sufficient firewalls to prevent hacking 26
  • 27. A System to Prevent Employee Dishonesty Create a Tone at the Top • Clear policy and procedures • Clear policy of punishment for malfeasance • Lead by example • Training, training, training • Employee background checks and hiring practices 27
  • 28. A System to Prevent Employee Dishonesty Install an Effective Whistle-Blowing System • Anonymous • No reprisals • Off site answering service • Must follow-up on tips 28
  • 29. A System to Prevent Employee Dishonesty Internal Control System • Separation of duties • Authorizations; look at limits • Computer passwords • Independent and surprise checks • Separation of Treasury and Accounting functions • Think through each system – Where are the holes? • Rotate and Cross-Train • Look at how checks and cash functions are handled 29
  • 30. A System to Prevent Employee Dishonesty Alert Vendors and Install Strict Controls • Contract language to include right of audit • Master vendor file • Review addresses and relationships • Physical verification • Statistical analysis 30
  • 31. A System to Prevent Employee Dishonesty Secure the Physical Assets of the Organization • Clean Desk Policy • IT policy related to laptops, desktops, phones, iPads • Checks!!!!!! • No passwords on computer screens!!!! • Secure receiving dock • Semi-annual inventory of major assets 31
  • 33. About Sikich • Sikich is an accounting, advisory, technology and managed services firm with eight offices in four states and with clients throughout the United States and internationally. • A reputation for professional $70M in projected revenue in 2012 excellence, unsurpassed client service, and timely and cost effective service delivery. 7,000 business clients • We employ more than 400 people including 68 partners, all of whom devote their careers to a 7,500 individual clients focused area. 153,882 square feet to serve clients • Accounting Today ranks the Firm 47th nationally among the Top 100 Accounting Firms and 12th in the Top 100 Value Added Resellers (VAR). 400+ total personnel • May 1, 2012 was our 30th anniversary. 68 partners • In 1998, Sikich began expanding through merging 8 offices in 4 states with firms already successful in target areas and hiring talent and developing service areas from scratch. 1 collaborative and positive culture
  • 34. Honors & Recognitions Accounting Technology • #47 in Accounting Today’s • Top 1% of all ERP solution 2012 Top 100 Accounting partners in the world Firms • 2012 Microsoft Dynamics Inner • INSIDE Public Accounting’s Circle Top 50 Accounting Firms in • 2012 Microsoft Dynamics 2012 President's Club • INSIDE Public Accounting’s • #12 on Accounting Today's Top All-Star Firms in 2012 100 VARs in 2012 • #13 on Bob Scott's Top 100 VAR List for 2012
  • 35. Tracing Our Roots 2012 30th Anniversary $80,000,000 $70,000,000 2008-2011 $60,000,000 Merges with 4 CPA firms and 1998 solidifies $50,000,000 position in the Top 50 with Merges with Intelligent Computer $40,000,000 1982 Solutions LLC and starts its more than 375 employees technology practice Sikich Gardner & Co. was $30,000,000 formed; takes up residence in Aurora and Springfield $20,000,000 $10,000,000 $0 35
  • 36. The Sikich Service Areas Audit, Accounting & Tax Advisory • Financial Reporting • Business Valuation • Accounting Services • Dispute Advisory • Tax Planning • Flex-Staff Solutions • Human Resources • Graphic Design & Marketing Technology Managed Services • Accounting & ERP Software • Outsourced Accounting • CRM Software • Managed IT • IT Infrastructure • Outsourced Human Resources • Cloud & Hosting Solutions • Outsourced Marketing • Strategic IT Planning • Communication & Collaboration • IT Consulting
  • 37. Industry Expertise, Tailored Approach • Agriculture • Construction Deep industry experience and • Government longevity. • Healthcare • Higher Education Cross sectional teams • Non Profit with a depth and breadth • Manufacturing & Distribution of experience to handle the complete solution. • Professional Services • Real Estate • Retail Solution centric and product agnostic.
  • 38. Contact Information Mary O’Connor, ASA, MRICS Sean Hastings Partner, Valuation and Dispute Advisory Services Director, Business Development Sikich LLP Sikich LLP T: 312.648.6652 T: 630.210.3055 M: 708.646.8737 Email: shastings@sikich.com Email: moconnor@sikich.com 38

Notes de l'éditeur

  1. INSIDE PUBLIC ACCOUNTING – Talking notesFastest-Growing Firm by Regionone of the Top 5 Computer Consulting firms 5one of the Top 5 Merger and Acquisition service firm.