michael g. ueltzen cpa/cff, cfe partner, ueltzen & company, llp 1

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Catch It If You Can

Michael G. Ueltzen CPA/CFF, CFEPartner, Ueltzen & Company, LLP 1

Fraud – Right Here in California!

City of Bell County of Modoc City of Hercules City of Montebello City of Cudahy Delta College Bankruptcies

Vallejo Stockton Mammoth Lakes San Bernardino

SEC Investigations/Complaints City of Victorville City of Bell Others

2

Who Should We Worry About?

Executive – Finance No criminal background College degree Frequently has an accomplice 40 years or older Male

3

Cost of Fraud

5% of Annual Revenues Lost

Median Loss - $140,000

More than 20% - Over $1 million

4

Categories of Fraud

Asset Misappropriation

Financial Statement Fraud

Corruption

5

Typical Fraud Schemes

Billing Corruption Expense Reimbursements Skimming Check Tampering Payroll Financial Statement

6

How Fraud is Committed

7

Fraud Triangle

8

Fraud - Frequency

9

Financial Statement Fraud

Opportunity

10

Perpetrators of fraud have (or perceive) an opportunity to:

Commit the fraud; and

Conceal the fraud.

Incentives/Pressures

11

Incentives/pressures include: Financial pressure

Living beyond means Greed Poor credit

Lifestyle pressure (“vices”) Gambling Drugs/alcohol Extramarital affairs

Work-related pressure Meet expectations “Get even”

Attitude and Rationalization

12

Justifications for behavior include: “I deserved it.”

“I work my tail off, and no one appreciates it.” “I’m so much smarter, and get paid so much less.”

“I was going to pay it back.” “It was only temporary.” “Things got out of control.”

“Everyone else is doing it.” “The boss is padding his expense report, so why

shouldn’t I?” “Everyone is dipping into the till, so no one will

care if I do too.”

Median Loss - Category

Asset Misappropriation86.7%

Corruption33.4%

Financial Statement Fraud7.6%

$135,000

$250,000

$4,100,000

13

The Fraud Life Cycle

The First Lie Cognitive Dissonance with

Rationalization Failure to See the Ethical Big Picture

Can we do it v. is it the right thing to do? The Fraud Spreads We Lie Because We Care Searching for Resolution

14

Duration

Median – 18 Months Types

Payroll – 36 Months Cash Disbursements – 12 Months

15

Methods of Detection

16

Fraud StatisticsHow Fraud is Detected

Detection Method Percent of Cases

Tip 40%

Management review 15%

Internal audit 14%

By accident 8%

Account reconciliation 6%

Document examination 5%

External audit 5%

Other controls/methods 5%

Confession 1%

Detection - Sources of Tips

18

Victim Organizations

19

Industry

Banking and Financial Services

Government Manufacturing Health Care Education

16.% 10.3% 10.1% 6.7% 6.4%

20

Profile – Finance and Government

Corruption Billing Skimming Expense Reimbursements Financial Statement Fraud Payroll

21

Perpetrators

22

Perpetrator’s Position

23

Perpetrator’s Background

24

25

Perpetrator’s Gender

©2012 Association of Certified Fraud Examiners, Inc.

Position of Perpetrator — Median Loss Based on Gender

Perpetrator’s Education

26©2012 Association of Certified Fraud Examiners, Inc.

Perpetrators – Effect of Collusion

27©2012 Association of Certified Fraud Examiners, Inc.

28

Perpetrator’s Age

©2012 Association of Certified Fraud Examiners, Inc.

Age of Perpetrator — Frequency

Case Results

29

Criminal Prosecution

Referred to Law Enforcement

Not referred

65.2%

34.8%

30

Reasons not Referred to Law Enforcement

Fear of bad publicity Internal discipline sufficient Private settlement Too costly

31

Civil Lawsuits - Pursued

Civil Complaint Filed

No

23.5%

76.5%

32

33

Case Results

©2012 Association of Certified Fraud Examiners, Inc.

Result of Civil Suits

Methodology

34

Investigators

35©2012 Association of Certified Fraud Examiners, Inc.

Fraud Prevention

36

Internal Controls

AB 1248 – SCO to Development Guidelines for Internal Controls –

MalfeasanceSolvency

37

Profile – Finance and Government

Corruption Billing Skimming Expense Reimbursements Financial Statement Fraud Payroll

38

Fraud Types -

City of Bell County of Modoc City of Dixon, Ill. Bankruptcies

City of Stockton City of San Bernardino

39

Fraud Prevention Checklist

Ongoing anti-fraud training Fraud reporting mechanism in place Increased perception of detection

Aggressive response to claims Organization seeks out fraud

assessment Surprise audits Use of auditing software

40

Fraud Prevention Checklist –(continued)

Tone at the Top – Integrity Honest fraud risk assessments Anti-fraud controls in place Internal control department

adequately staffed Thorough hiring policy Employee support programs Anonymous surveys – employee

morale41

Control Weakness

Lack of Internal Control System Override of the Systems of Internal

Control Poor Tone at the Top

42

Common Anti-Fraud Controls

External Financial Statement Audits Audits of Internal Controls Formal Code of Conduct Management Certification of

Financial Statements Internal Audit Department Whistleblower Hotlines

43

Simple Steps YOU Can Take1) Check the checks: Always look at canceled

checks to make sure that the funds went to a legitimate account and that the signatures are authentic.

2) Tamp down tampering: Open and look at the bank statement before the bookkeeper does. Consider having it sent to your home address.

3) Look at lifestyle: Be attentive to how your key people are living. If your assistant shows up to work in a Jaguar, you might need to be a bit more attentive.

4) Separate the signers: Always split authority to sign and prepare checks between at least two people. When one person can do both, it sets him or her up to be tempted.

5) Take those tips: Midsized and larger businesses should set up a hot line to take anonymous tips. Publicize it to employees, customers and vendors.

6) Check background: Perform checks of criminal and employment history for each locale where the person has lived.

Simple Steps YOU Can Take1) Check the checks: Always look at canceled checks to make sure that

the funds went to a legitimate account and that the signatures are authentic.

2) Tamp down tampering: Open and look at the bank statement before the bookkeeper does. Consider having it sent to your home address.

3) Look at lifestyle: Be attentive to how your key people are living. If your assistant shows up to work in a Jaguar, you might need to be a bit more attentive.

4) Separate the signers: Always split authority to sign and prepare checks between at least two people. When one person can do both, it sets him or her up to be tempted.

5) Take those tips: Midsized and larger businesses should set up a hot line to take anonymous tips. Publicize it to employees, customers and vendors.

6) Check background: Perform checks of criminal and employment history for each locale where the person has lived.

Simple Steps YOU Can Take1) Check the checks: Always look at canceled checks to make

sure that the funds went to a legitimate account and that the signatures are authentic.

2) Tamp down tampering: Open and look at the bank statement before the bookkeeper does. Consider having it sent to your home address.

3) Look at lifestyle: Be attentive to how your key people are living. If your assistant shows up to work in a Jaguar, you might need to be a bit more attentive.

4) Separate the signers: Always split authority to sign and prepare checks between at least two people. When one person can do both, it sets him or her up to be tempted.

5) Take those tips: Midsized and larger businesses should set up a hot line to take anonymous tips. Publicize it to employees, customers and vendors.

6) Check background: Perform checks of criminal and employment history for each locale where the person has lived.

Simple Steps YOU Can Take1) Check the checks: Always look at canceled checks to make sure that the

funds went to a legitimate account and that the signatures are authentic.

2) Tamp down tampering: Open and look at the bank statement before the bookkeeper does. Consider having it sent to your home address.

3) Look at lifestyle: Be attentive to how your key people are living. If your assistant shows up to work in a Jaguar, you might need to be a bit more attentive.

4) Separate the signers: Always split authority to sign and prepare checks between at least two people. When one person can do both, it sets him or her up to be tempted.

5) Take those tips: Midsized and larger businesses should set up a hot line to take anonymous tips. Publicize it to employees, customers and vendors.

6) Check background: Perform checks of criminal and employment history for each locale where the person has lived.

Simple Steps YOU Can Take1) Check the checks: Always look at canceled checks to make sure

that the funds went to a legitimate account and that the signatures are authentic.

2) Tamp down tampering: Open and look at the bank statement before the bookkeeper does. Consider having it sent to your home address.

3) Look at lifestyle: Be attentive to how your key people are living. If your assistant shows up to work in a Jaguar, you might need to be a bit more attentive.

4) Separate the signers: Always split authority to sign and prepare checks between at least two people. When one person can do both, it sets him or her up to be tempted.

5) Take those tips: Midsized and larger businesses should set up a hot line to take anonymous tips. Publicize it to employees, customers and vendors.

6) Check background: Perform checks of criminal and employment history for each locale where the person has lived.

Simple Steps YOU Can Take1) Check the checks: Always look at canceled checks to make sure that

the funds went to a legitimate account and that the signatures are authentic.

2) Tamp down tampering: Open and look at the bank statement before the bookkeeper does. Consider having it sent to your home address.

3) Look at lifestyle: Be attentive to how your key people are living. If your assistant shows up to work in a Jaguar, you might need to be a bit more attentive.

4) Separate the signers: Always split authority to sign and prepare checks between at least two people. When one person can do both, it sets him or her up to be tempted.

5) Take those tips: Midsized and larger businesses should set up a hot line to take anonymous tips. Publicize it to employees, customers and vendors.

6) Check background: Perform checks of criminal and employment history for each locale where the person has lived.

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