The ACFE is the professional organization for fraud examiners. The mission of the ACFE is to reduce the incidence of fraud and whitecollar crime, and to assist the membership in its detection and deterrence. 2009-2010 Board Members President: James Fellin, CPA, CFE jfellin@nottinghamgroup.com 412-288-9948 Vice President: Richard Hilliard Richard.Hilliard@parentebeard.com 412-697-6412 Secretary: John Elliott, CPA, CFE jelliott@bc.pitt.edu 412-624-6127 Treasurer: Kelvin Pier, CFE, CPA kpier@piersolutions.com 412-759-8698 Directors: Craig Workman, CFE workmanc@upmc.edu 412-454-5524 Joan Gibson joan.gibson@highmark.com 412-544-2472 Dan Chacko, CFE, CMA, CIA, CPA dan.chacko@carmeusena.com 412-995-5566 August 11, 2010 James Fellin, CPA, CFE 2010 Report to Nation James Fellin, CPA, CFE, Managing Partner of The Nottingham Group, a forensic accounting boutique. Mr. Fellin is the current President and Education Director of the Greater Pittsburgh Chapter of the ACFE. Jim’s presentation will review the latest data and information included in the ACFE 2010 Report to the Nation. The ACFE's 2010 Report to the Nations on Occupational Fraud and Abuse is based on data compiled from a study of 1,843 cases of occupational fraud that occurred worldwide between January 2008 and December 2009. All information was provided by the Certified Fraud Examiners (CFEs) who investigated those cases. The fraud cases in our study came from 106 nations — with more than 40% of cases occurring in countries outside the United States – providing a truly global view into the plague of occupational fraud. Alison Calderone Kline, CPA acalderone@3kcpa.com 412-281-1901 Yulia Bolotskikh, CFE yulia.bolotskikh@alcoa.com 412-553-3481 Upcoming Chapter Events September 8, 2010 Dennis Kistler Pennsylvania Attorney General’s Office Insurance Fraud Prosecution Congratulations to the elected officers for 2010-2011. Chapter Elections were held at the June Meeting. After tabulation of the returns, the Board unanimously approved the election results. The following is a list of the 2010 – 2011 Officers. James Fellin returns as Chapter President for what he claims will be his last year as President. Richard Hilliard was elected to Vice President. John Elliott returns as Secretary. Kelvin Pier is the Treasurer. Craig Workman was elected as one of the Directors. Since there were so many interested candidates, the number of Directors was expanded from three to five. The June election brings four new names to the Chapter Board of Directors. New Directors on the Board include Dan Chacko, Audit Director for Carmeuse; Joan Gibson, of the Highmark Integrity Office; Yulia Bolotskikh is a Financial Fraud Investigator for Alcoa; and Alison Calderone Kline, Staff Accountant of Kline, Keppel and Kornyak. Thank you to all of the Chapter Officers and Directors for volunteering their time on behalf of Chapter! Thank You Georgene Fink! A special thank you and well wishes to Georgene Fink. Georgene retired as a Special Investigation Representative Since the inception of the Report to the Nation more than a decade ago, the ACFE has released five updated editions — in 2002, 2004, 2006, 2008 and the current version in 2010. Like the first Report, each subsequent edition has been based on detailed case information provided by Certified Fraud Examiners (CFEs). With each new edition of the Report, the ACFE adds and modifies the questions we ask of survey participants in order to enhance the quality of the data collected. The evolution of the Report to the Nation has enabled fraud investigators to continue to draw more meaningful information from the experiences of CFEs and the frauds they encounter. The 2010 Report, for the first time, widened the study to include cases from countries outside the United States. This expansion will allow for a more full exploration of the truly global nature of occupational fraud and provides an enhanced view into the severity and impact of these crimes. Please join us for this interesting and relevant presentation. June Speaker Shaun Sweeney, US Attorney’s Office The lunch meeting speaker for June was Shaun Sweeney who was a late replacement for James Fellin’s presentation on the 2010 Report to the Nation. Mr. Sweeney is a member of the US Attorney’s Office, White Collar Crime unit. He specializes in financially motivated arson, which he stated, is different that arson for profit. Usually, financially motivated arson is arson that is motivated by a desire to get out from behind debt. The fraud aspect usually has to do with the business owner committing fraud against an insurance company. The Federal Arson Statute targets malicious damage or the attempt to damage property by from HM Insurance Group in June. Georgene worked a number of years in the insurance industry, and was a Chapter leader as Secretary and Director for a 10 years. Georgene plans to spend a lot of her time in her pool enjoying a healthy retirement. Best wishes Georgene for a long healthy and happy retirement, and thank you for your efforts on behalf of the Chapter. ACFE News New! 2010 CFE Exam Prep Course, U.S. Edition Attention ACFE Associate member: Get certified in 2010 with the new 2010 CFE Exam Prep Course. Featuring the updated Fraud Prevention and Deterrence section (formerly Criminology and Ethics), the 2010 CFE Exam Prep Course is the most comprehensive study tool available to prepare you for the CFE Exam. Purchase the CFE Exam Prep Course at the ACFE Bookstore and start working toward your CFE credential today. Auditing for Internal Fraud Philadelphia, PA | August 26-27, 2010 Detecting Fraud Starts on the Inside ACFE’s 2010 Report to the Nations on Occupational Fraud and Abuse discovered that internal audits uncovered 14% of frauds compared to 5% by external sources. This twoday course, will teach the fundamentals of auditing for fraud, with an emphasis on understanding the common schemes, legal elements, detection techniques and methods of preventing occupational fraud. fire or explosives. The unique element of the Federal Arson statute is that the property must be a commercial property used for interstate commerce. This includes rental properties. A conviction under the statute carries a mandatory minimum 5 year prison sentence, unless someone is injured as a result of the arson, in which case the mandatory minimum sentence is 7 years. As a result of the mandatory sentences, there are virtually no plea bargains. Arson cases are investigated at the Federal level by the BATFE, formerly known as the ATF. The BATFE is organized into two main groups; Firearms group and Arson/Explosives group. The Arson/Explosives group is made up of 7 agents, 2 forensic auditors and 1 fire investigator. The BATFE becomes involved in an arson investigation as a result of a referral by an insurance company or upon notification by a local fire marshal. After a fire is put out, a fire marshal will review the scene to determine the cause and origin of the fire. The marshal will look at the burn pattern to identify the area of the greatest damage, which should identify where the fire originated. There are 4 key elements to a successful arson prosecution. 1 Solid arson call – contradicting expert reports can make case difficult. The best evidence of arson is multiple unconnected sites of origin. 2 Evidence that defendant solicits someone to commit the arson. 3 Defendant lies to the insurance company. Most policies require an examination under oath where the policy holder can be questioned about their financial condition while under oath. 4 A strong motive exists. If you don’t have strong evidence of motive, the jury may question why the accused would commit the arson. Course Leader: Allen F. Brown, CFE, CPA During the course of his career, Mr. Brown has conducted or supervised in over 200 investigative audits and brings this knowledge to you. What You Will Learn Avoiding malpractice: the auditor’s fraud responsibilities The fundamentals of occupational fraud and abuse Techniques for balance sheet and income statement analysis Deterrence of management and occupational fraud Event Location Doubletree Hotel Philadelphia Fees ACFE Members: $695 Non-Members: $845 Prerequisites None CPE Credit 16 Usually the motive is to defraud the insurance company. By submitting a claim with false information to the insurance company, the mail fraud statute can come into play. To show motive, documentation of the suspect’s financial condition are obtained. Grand Jury Subpoenas can be issued to obtain bank records. Tax returns can be obtained through an Affidavit Under Seal. The tax returns can then be compared to returns filed with the insurance company. Sweeney advised a Grand Jury needs probable cause in order to issue an indictment. Witness testimony is locked in under oath. The Grand Jury meets in secrecy and can subpoena documents from anywhere in the United States. Sweeney concluded his presentation by taking questions from the group.