COMBATTING PROCUREMENT FRAUD IN THE PUBLIC & PRIVATE SECTORS FORUM 2017

“Prevention, Detection and Elimination of Fraud in Procurement”

Multi billion ringgit government procurements are constantly under radar and subject to public scrutiny. The systems of procuring goods and services and awarding of tenders in the public sector need an effective framework with well instituted control systems that will generate public confidence in Government spending.

MACC have recorded an increase in the number of cases involving false claim submissions and procurement fraud that goes back five years. There is concern over the worrying trend of corrupt practices and abuse of power involving government procurements. The lack of monitoring and failure to comply with policies in place to promote good governance as among the main reasons behind corruption and leakages in spending in the system.

Those under investigation were suspected to have colluded with suppliers to obtain quotations and confirm receipt of goods even though deliveries were incomplete or did not meet specifications, demand commissions, then leak the other quotations, issue payments despite the project being incomplete and accept the goods and services delivered when they were insufficient.

Aside from senior government officers, those suspected of involvement in falsification of claims and fraud includes individuals in private agencies and associations and has cost the government millions of ringgit.

MACC had identified eight violations committed by suppliers which included bribery, using middlemen to collect profiles of other companies participating in tender processes, allowing companies to abuse letters or other companies’ profiles for the purpose of meeting the requirements of market research and appointing brokers to lobby for projects. On the falsification of claims MACC had identified 16 ways the unscrupulous had been cheating the system.

This 1- Day forum will provide an avenue for participants both from the private and public sector to know that clear and

comprehensive regulations for the conduct of public procurement are the fundamental prerequisite for curbing corruption in

public contracting.

TIME ACTIVITIES COMPANY ADDRESS:

R1-08-07 SETIAWALK, PERSIARAN WAWASAN, PUSAT BANDAR PUCHONG, 47160 PUCHONG, SELANGOR

PHONE: +(603)86591753 FAX: +(603) 86591450 EMAIL: info@aramglobal.com.my

24th January 2017 ISTANA HOTEL KUALA LUMPUR

CITY CENTRE

Our mission is to provide a forum for corporations, government agencies, business leaders, members of corporate boards,

shareholders, the judiciary, the legal community, academics, and corporate governance advocates, to learn business education

with the goal of positively impacting and improving the field of corporate governance, both for the public and private sectors.

KEYNOTE ADDRESS BY:

Y.Bhg. Tan Sri Dato' Setia Haji

Ambrin bin Buang

949086 U

CCD POINT – CIDB

10 POINT

8:00am – 8.50am Registration

8.50am – 9.00am Safety Briefing by Hotel Staff

MORNING SESSION

Chairperson Tn. Hj. Mohd. Shah Hashim Senior Counsel / Senior Associate 1, Azmi & Associates, Advocates & Solicitors YBhg. Datin Nor Hafizah Ismail Dean, Center Student Affairs & Student Involvement, Unirazak

9:00am – 10.00am Keynote Address by: YBhg. Tan Sri Dato’ Setia Ambrin Buang --- “The Holistic Approach To Combat Procurement Fraud” Auditor General Malaysia

10.00am – 10:30am Refreshments / Networking

10:30am – 11:30am Special Address by MACC: “Detection of Fraud and Corruption in Public Procurement and the Control Measure Needed to be Implemented to Stop this Menace” Tuan Hj.Abdul Samat Kasah Malaysian Anti-Corruption Commission(MACC)

11.30am–12.30pm PUBLIC PROCUREMENT IN MALAYSIA - POLICIES AND GUIDELINES - NEED FOR REGULATION AND REFORM IN LINE WITH UNCITRAL MODEL LAW ON PROCUREMENT 2011? YBhg. Datin Grace Xavier Research Fellow, University of Malaya

12:30pm – 2:00pm Lunch Break

AFTERNOON SESSION

2:00pm – 3:00pm "UNDERSTANDING THE DIFFERENCE BETWEEN PROCUREMENT FRAUD AND EMPLOYEE MISDEMEANOURS” Tommy Seah, CFE, FCSI, FCPA, FAIA, MSID, ACIB, • The only Regent Emeritus of the Association of Certified Fraud Examiners (ACFE) within the Asia Pacific • Vice-Chairman 2006, ACFE Board of Regents, (Texas, USA) World Headquarters • Chairperson, CSI World Headquarters • Chartered Banker, Accountant, Auditor, Investigator, Fraud Examiner

3:00pm-4:00pm FRAUD AND CORRUPTION: NOTIONS, PREVENTION & DETECTION Defining Fraud and Corruption in Public Procurement: Notions and Legal concepts Indicators and Patterns of Fraud and Corruption in Public Procurement Detection of Fraud and Corruption in Public Procurement

Peter Viksnins/Alex Tan Executive Director, Forensic Services, PwC Malaysia

4.00pm – 4.30pm Refreshments / Networking

4:30pm – 5:30pm PROCUREMENT FRAUD What is Procurement Fraud Types of Collusive Bidding How to Overcome: Proactive Procurement Fraud Model

YBhg. Dato’ Akhbar Sattar President, Association of Certified Fraud Examiner, Malaysia Chapters (Malaysia) President, Transparency International, Malaysia Chapter

5:30 pm END OF FORUM

COMBATTING PROCUREMENT FRAUD IN THE PUBLIC & PRIVATE SECTORS FORUM 2017 “Prevention, Detection and Elimination of Fraud in Procurement”

Tommy Seah is someone you would like to meet in person. Straight talking, sincere, kind, helpful and without pretenses, he is truly a man of strong conviction and blessed with many practical talents. First and foremost, he is a World Class hands-on accountant. Some of the better known fact is that he is the only Chinese Singaporean that sits on the ACFE Board of Regents in Texas, USA. In the year 2006, his strategic management skills were put to the test and his contribution was duly acknowledged when he was elected the ACFE Board of Regents, Vice-Chairman. Based in Austin, Texas, ACFE is the best recognized and largest Fraud Examination Body in the world. While in Singapore, he also help founded the CSI World Headquarters, a Digital Forensics Certification body. To this day, he is the Chairperson Emeritus for the CSI World Headquarters.

Mr. Alex Tan leads PwC's Forensics team in Malaysia. He specialises in the prevention, detection and response to financial crime particularly fraud, corruption, conflicts of interest and money laundering. Alex has over 25 years’ experience including nine years as an Inspectorate officer with the Royal Hong Kong Police Force and eight years with the New Zealand Serious Fraud Office. Alex joined PwC New Zealand in March 2005 and transferred to PwC Malaysia in March 2012

Mr. Peter Viksnins is an internationally recognised Anti-Corruption specialist and an experienced international forensic accounting investigator, having investigated fraud and corruption in over 30 countries in his career thus far. He joined Coopers & Lybrand, a PwC predecessor firm, in June 1998. He was seconded to PwC Singapore from July 2005 to July 2007 and has broad regional experience. Peter’s professional experience includes a wide variety of fraud investigations, including financial statement manipulation and accounting irregularities, in addition to asset misappropriation and corruption investigations. Until his move to Malaysia in 2016, Peter was also an adjunct professor at the George Washington University, where he taught a Fraud Examination and Forensic Accounting course to Masters of Accountancy students for two years.

Datin Grace Xavier is a Research Fellow with the Faculty of Law, University of Malaya. She specializes in Construction Law, Housing Law and Alternative Dispute Resolution (Arbitration, Mediation and Negotiation). Her current research projects include aspects of Construction Law, ADR mechanisms, and the Law Governing Public Procurement in Procurement issues in construction contracts. She incorporates Public Procurement guidelines in the subject of Construction Law to the LLM students of the Faculty of Law. Mrs Xavier was a member of the research group, the EU-Asia Inter-University Network for Teaching and Research in Public Procurement Regulation, conducted by Nottingham University UK with other partners, from 2007 till 2011 and has since then been actively involved in research and teaching of public procurement. Mrs Xavier has published extensively in local and international journals and is the author of the book, “Law and Practice of Arbitration in Malaysia”.

Dato' Akhbar Satar, a criminologist, is a Certified Fraud Examiner and the founder and President of the Association of Certified Fraud Examiners (ACFE) Malaysia chapter. He is also the President of Transparency International Malaysia. He has more than 30 years of investigative experience including over 18 years with the Malaysian Anti-Corruption Agency (ACA), holding numerous senior management positions, including as a state ACA Director and Director of Training. He is the Chairman of Akhbar & Associates, a company specialising in investigating corporate fraud, economic crime, and conducting polygraph examination. Dato' Akhbar obtained MA in Criminal Justice Studies from university of Detroit, USA and is a member of the American Polygraph Association and the American Society of Criminology

Tommy Seah

Principal - Chief

Fraud Examiner

CFE-In-Practice. The

No. 1 Fraud

Examiner in Asia

Dato’ Akbar Satar

President of the

Association of

Certified Fraud

Examiners (ACFE)-

Malaysia Chapter.

President of

Transparency

International

Malaysia

Alex Tan

Senior Executive

Director, Forensic

Services, PwC

Malaysia

Peter Viksnins

Executive Director,

Forensic Services,

PwC Malaysia

Datin Grace

Xavier

Research Fellow,

University of

Malaya

LLB (Hons)(Lond),

LLM(Mal), LLM

(Bond Univ.

Australia) CLP,

Dip.Int.Comm.Arb

SPEAKER’S PROFILE