Fraud: What’s It All About? Ethics and Fraud in the Workplace January 19, 2012 Sam Hartline Principal Auditor UCSB Audit and Advisory Services Agenda What is fraud? Identifying Fraud in the Workplace Minimizing Fraud UC Whistleblower What is Fraud? “…any intentional act or omission designed to deceive others and resulting in the victim suffering a loss and/or the perpetrator achieving a gain.” “The use of one’s occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization’s resources or assets.” Source: Association of Certified Fraud Examiners (ACFE) What Actions Constitute Fraud? Fraud Triangle Source: ACFE Incentive/Pressure • Habitual criminal who steals for the sake of stealing • Personal prestige, goal achievement • Morally superior, justified in making others victims • Desperate need for money • Vices such as gambling/drugs Attitude/Opportunity Weak internal controls Circumvention of internal controls The greater the position, the greater the trust and exposure to unprotected assets “Most Trusted Employee” Top 10 Rationalizations for Committing Fraud I need it more than the other person. I’m borrowing and will pay it back later. Everybody does it. The University is so big that it won’t even be missed. Nobody will get hurt. Top 10 Rationalizations for Committing Fraud I deserve it. It’s for the greater good. I’m not paid enough. It’s just part of the job. I’m not gaining personally. …and a bonus # 11 It’s legal! Conditions that Contribute to Fraud Poor internal controls Inadequate Pay Low Loyalty Rigid Rules Poor Promotion Opportunities Pressure to Perform Lack of Recognition Unreasonable Budget Expectations Reactive vs. Proactive Hostile Work Environment Poor or No Training Inadequate Staff/Resources Characteristics of Classic Embezzlers Usually work their crimes alone. Tend to be compulsive (gambling, abusing alcohol/drugs). Spend money freely (their own and/or the University’s). Rationalize their thefts by thinking they are merely “borrowing.” Characteristics of Classic Embezzlers Tend to repeat their crime. Exploit weaknesses in internal controls to cover up their crimes. Have ready access on the job to cash or its equivalent. Lifestyle and Personality Red Flags Wheeler/Dealer Dissatisfied Worker Dominating Personality Unable to Relax Living Beyond Means No Vacations or Sick Time Poor Money Management Poor or “Too Good to Be True” Performance Unusual or Change in Personality (alcohol, drugs, sleep, irritable, defensive, argumentative) Source: Harvard Internal Audit Home Page Organizational Red Flags Bad “Tone at the Top” Lack of Attention to Detail No Communication of Expectations Poor Segregation of Duties Too Much Trust in Key Employees Tendency Toward Crisis Management Lack of Proper Authorization Procedures Accountability and Control Red Flags Lack of Separation of Duties Lack of Physical Security and/or Key Control Weak Links in Chain of Controls and Accountability Missing Independent Checks on Performance Relaxed Management Style Poor System Design Inadequate Training Source: Harvard Internal Audit Home Page Actions to Minimize Fraud Investigation & Follow-up 6 Proactive Detection Reporting & Monitoring 5 1 4 Tone at the Top 2 Education & Training 3 Integrity Risk & Controls Fraud Opportunity Checklist Ask Yourself : What are the weakest links in my department’s internal controls? What deviations from acceptable business practices are possible? How can I get a check issued or get my hands on cash, property, or information? What accounting documents are easiest to access and forge? UC Whistleblower Responsibilities Locally Designated Official Associate Vice Chancellor of Administrative Services Ron Cortez Investigations Workgroup Convenes on a monthly bases to receive status updates on active cases from the Whistleblower Investigator. UC Whistleblower Resources UC Whistleblower Hotline (1-800-403-4744) http://universityofcalifornia.edu/hotline Whistleblower Policies/Information http://ucwhistleblower.ucop.edu http://www.whistleblower.ucsb.edu/whistleblowerp rocedures.html UC Whistleblower Protection Whistleblower Protection Policies/Information http://ucwhistleblower.ucop.edu http://www.whistleblower.ucsb.edu/ Protection Retaliation Contacts Humanfrom Resources Academic Personnel Locally Designated Official, or Your Supervisor What is your responsibility? What to do when confronted with a whistleblower allegation: Recognize and be alert to informal communications of allegations (protected disclosures) Notify one of the following, orally or in writing Locally Designated Official Appropriate campus administrator(s) Campus Investigative Unit(s) UC Whistleblower Hotline Act promptly Maintain confidentiality Consult Whistleblower policies/information http://ucwhistleblower.ucop.edu What NOT to do when confronted with a whistleblower allegation: Dismiss the matter out of hand. Launch your own investigation. Confront the accused or otherwise tip them off. Disclose the matter to any unnecessary parties. Try to settle or resolve the matter yourself. Association of Certified Fraud Examiners Conclusion on Detecting Fraud: “Relatively few occupational fraud and abuse offenses are discovered through routine audits. Most Fraud is uncovered as a result of tips and complaints from other employees.” Source: ACFE Conclusion Be Aware of Your Environment Take Steps to Minimize Fraud Be Aware of Fraud Red Flags Consider Design When Planning Controls Key Contacts John Kushwara, Whistleblower Complaint Investigator – Ext. 4335 Ron Cortez, Associate Vice Chancellor of Administrative Services – Ext. 8291 Robert Tarsia, Acting Audit Director– Ext. 4080 Jim Corkill, Controller and Director, Accounting Services & Controls – Ext. 5882 Cindy Dougherty, Academic Personnel Director – Ext. 8332 Tricia Hiemstra, HR Director – Ext. 4832 Questions/Comments?