Procurement Fraud Investigative Techniques

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Procurement Fraud

Investigative Techniques

The Bureau of Special Investigations

(BSI) is composed of a team of dedicated and highly trained professional investigators who help to improve State Government and make it more efficient.

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BSI investigates cases related to:

Violation of Commonwealth policies, rules, and regulations

Abuse of authority or misuse of property by

Commonwealth Employees

Contract fraud and/or irregularities by

Commonwealth Employees or Vendors

Commonwealth Employee Misconduct

Mismanagement of funds within Commonwealth agencies under the Governor's jurisdiction

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Office of Inspector General

555 Walnut Street

Harrisburg , PA 17101 USA

To report welfare fraud, call 800-932-0582

To report misconduct by Commonwealth of

Pennsylvania employees, call 877-888-7927

For general inquiries, please call 717-787-6835

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Procurement

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Contracting to acquire goods or services

Often based on relationships

Decisions to acquire made objectively and subjectively

Purchases dictated by company/Government policies and procedures

Conflicts arise between operations and financial controls

Process is often challenged by various workarounds

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Procurement Fraud

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Definition:

Unlawful manipulation of the process to acquire goods or services to obtain an unfair advantage.

Dishonestly obtaining an advantage, avoiding an obligation, or causing a loss to public property through various means during procurement process by public servants, contractors, or any other person involved in the procurement.

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Investigating Procurement Fraud:

Document Analysis

Computer Forensics

Data Analysis

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A technique used to gather information during the requirements elicitation phase of a project. It describes the act of reviewing the existing documentation of comparable business processes or systems in order to extract pieces of information that are relevant to the current project.

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The application of investigation and analysis techniques to gather and preserve evidence from a particular computing device in a way that is suitable for presentation in a court of law.

The goal of computer forensics is to perform a structured investigation while maintaining a documented chain of evidence to find out exactly what happened on a computing device and who was responsible for it.

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The reduction and organization of a body of data to produce results that can be interpreted by the researcher; a variety of quantitative and qualitative methods may be used, depending upon the nature of the data to be analyzed and the design of the study.

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Procurement Fraud Schemes

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Conflict of Interest

Phantom Vendor

Split Purchases

Kickbacks

Personal Purchases

Duplicate Payment

Defective/Substituted Products

Fictitious Invoices

Bid Rigging

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Description:

Misusing position to award contracts to firms in return for personal gain (money, family employment, or other gratuities).

Indicators:

Lifestyle changes

Refusal to change vendors

Failure to enable bidding procedures

Continuous use of same vendor

Significant increase in pricing

Increase in product complaints

Decline promotions

* Case Example

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Description:

Employee establishes a fictitious vendor and submits false invoices for payment (or invoice may not exist to support payment).

Indicators:

Photocopied invoices

Lack of invoices to support payments

Employee address matches vendor's address

* Case Example

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Description:

Purchases made on the same day from the same vendor that appear to circumvent single purchase limits, i.e. splitting the transaction into more than one segment to avoid the requirement to obtain competitive bids or a budget ceiling.

Indicators:

Multiple invoices dated the same day for the same product

Lack of invoices to support payments

Sequential or nearly sequential purchase/vendor invoice numbers

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Description:

Often facilitated through accounts payable. A company or individual submits an invoice for services that never occurred, or the invoice submitted is inflated by the amount of the kickback sent to the conspiring employee.

Indicators:

Paid invoices that lack additional appropriates supporting documentation

Growing frequency of purchases from one vendor

Award contracts without bids

Increase in services

Continued use of same vendor

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Description:

Employee utilizes company/Government funds to purchase personal items for self use or fraudulent gains.

Indicators:

Employee address matches vendor's address

Altered or bogus support documentation

Initiated fraudulent purchase requisitions

Supplier not known

Post Office box addresses

* Case Example

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Description:

Duplicate payments made to a vendor without services rendered to justify the second payment.

This fraud is normally committed by a vendor with the collusion of an employee.

Indicators:

Multiple duplicate payments of the same or similar amounts to a vendor for the same invoice number

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Description:

When a vendor contractually consents to supply products using a certain grade, quality of parts, materials from designated companies or set standards, then fails to comply with the contract. These vendors often decide it is more profitable to use or substitute inferior parts or parts not made by authorized companies.

Indicators:

Lifestyle changes

Refusal to change vendors

Failure to enable bidding procedures

Continuous use of same vendor

Significant increase in pricing

Increase in product complaints and/or product returns

* Case Example

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Description:

Suppliers or contractors intentionally submit false (meaning that no services were provided), duplicate or inflated invoices. The scheme can involve a contractor acting alone or in collusion with an employee of the victim organization who shares in the profits.

Indicators:

Invoiced goods or services cannot be located in inventory or accounted for

No receiving report for invoiced goods or services

Discrepancies between invoice and supporting documents

Questionable or no purchase order for invoiced goods or services

Invoice prices, amounts, item descriptions or terms exceed or do not match

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Description :

Bid rigging is a form of collusive price-fixing behavior by which firms coordinate their bids on procurement or project contracts, including arrangement of bidding process to guarantee selection of a vendor.

Indicators :

Allowing rebids to selected vendors

Rotation of bids

Supplying faulty/inferior materials

Excessive control over selection process

Continuous use of vendor without business reason

Increased pricing

Substandard products

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Red Flags

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Unusual or unauthorized vendors

Large gifts and entertainment expenses

Unusual increase in vendor spending

Round-dollar amounts

Copies of supporting documentation in lieu of originals

Duplicate payments

Tips and/or complaints

Sequential invoices paid

Unusual/large/round-dollar amounts paid

Payments just under authorization level

Employee-vendor address match

Multiple invoices paid on same date

Slight variation of vendor names

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Office of Inspector General

555 Walnut Street

Harrisburg , PA 17101 USA

James H. Timko | Special Assistant to the Inspector General

Jatimko@pa.gov-Phone: 717.787.6835 | Fax: 717.724.6878

Robert A. Zeplin, CFE | Special Investigator 2 rzeplin@pa.gov -Phone: 717.783.7813 | Fax: 717.724.6828

Martin B. Molitoris | Special Investigator 2 mmolitoris@pa.gov -Phone: 717.214.1299 | Fax: 717.724.6833

To report welfare fraud, call 800-932-0582

To report misconduct by Commonwealth of Pennsylvania employees, call 877-888-7927

For general inquiries, please call 717-787-6835

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