7/23/2013 Financial Statement Fraud Not Just Wall Street’s Problem Presented by: Tiffany R. Couch, CPA/CFF, CFE Acuity Group PLLC Copyright 2013 Acuity Group PLLC Agenda Establishing Framework Let’s Talk about Fraud Revenue Improper Asset Valuations Concealed Liabilities and Expenses Disclosures Using the Tools in your Toolbelt Copyright 2013 Acuity Group PLLC ESTABLISHING THE FRAMEWORK Copyright 2013 Acuity Group PLLC 1 7/23/2013 WHY financial statement fraud? Financing Related Secure Financing Favorable Financing Terms Compliance with Financing Covenants Sale of Business or Stock Meet Goals/Objectives Personal Market/Investor Perceptions Cover Up Poor Financial Performance Copyright 2013 Acuity Group PLLC METHODS OF FRAUD 6.0% 26.2% Financial Statement Fraud ($1,000,000) Corruption ($250.000) 67.9% Asset Misappropriation ($120.000) Courtesy of ACFE 2012 Report to the Nations Copyright 2013 Acuity Group PLLC REALITIES ‐ HOW IS FRAUD DETECTED? Initial Detection of Occupational Frauds 43.3% 40.2% Tip 7.0% 7 0% 8.3% B Accident By A id t 14.4% 13.9% Internal Audit External Audit Notified By Police 2012 2010 14.6% 15.4% Management Review 3.3% 4.6% 3.0% 1.8% 0.0% Courtesy of ACFE 2012 Report to the Nations Recession, Recipe for Fraud? 10.0% 20.0% 30.0% 40.0% 50.0% Copyright 2013 Acuity Group PLLC 2 7/23/2013 CLIENT PERCEPTIONS Audit = “They look at everything” “All audit firms are the same” “I’m concerned someone is stealing from me, I need an audit” “My CPA will find it” “Our last audit was clean, there’s no fraud here” Copyright 2013 Acuity Group PLLC AUDITOR RESPONSIBILITIES AU SECTION 240 – CONSIDERATION OF FRAUD IN A FINANCIAL STATEMENT AUDIT Responsibilities of Auditor Obtain reasonable (HIGH LEVEL) assurance that the financial statements as a whole are free from material misstatement, whether caused by fraud or error. Professional Skepticism Discussion among team Discussion with management Discussion with others Identify unusual relationships Evaluate Risks Copyright 2013 Acuity Group PLLC AUDITOR RESPONSIBILITIES AU SECTION 240 – CONSIDERATION OF FRAUD IN A FINANCIAL STATEMENT AUDIT Objectives: Identify & assess risks of material misstatement of financial statements due to fraud. Obtain sufficient appropriate audit evidence Respond appropriately to fraud or suspected fraud Copyright 2013 Acuity Group PLLC 3 7/23/2013 DEFINITION Financial Statement Fraud – The deliberate misrepresentation of the financial condition of an enterprise accomplished through the intentional misstatement or omission of amounts or disclosures in the financial statements to deceive financial statement users. Copyright 2013 Acuity Group PLLC TYPICAL SCHEMES Fictitious Revenues Timing differences Improper Asset Valuation Concealed Liabilities and Expenses Improper/Omitted Disclosures Copyright 2013 Acuity Group PLLC CLIENT RED FLAGS Chronically late providing key financial information Audit is closely controlled by top management A dit i l l t ll d b t g t Key financial information is often incorrect Rush through the process Non‐existent inventory Recession, A Recipe for Fraud? Copyright 2013 Acuity Group PLLC 4 7/23/2013 REVENUE SCHEMES Copyright 2013 Acuity Group PLLC Revenue recognition – defined Criteria Persuasive evidence of an agreement exists Delivery has occurred (services completed) Seller’s price to buyer is fixed (or able to be determined) Collectability is reasonably assured Copyright 2013 Acuity Group PLLC Fictitious Revenue Schemes Fictitious Revenue Phantom Customers Fictitious Invoices Sales with Conditions Recording cash received from a lending or investment transactions as revenue Copyright 2013 Acuity Group PLLC 5 7/23/2013 Early revenue recognition schemes Shipment (or customer acceptance) has not been made Future services not provided Customer has no obligation to pay Long Term Contracts Multiple Deliverables Copyright 2013 Acuity Group PLLC Deferred revenue recognition Creating Reserves Long Term Contracts Multiple Deliverables Copyright 2013 Acuity Group PLLC REVENUE RECOGNITION – CASE STUDY SCENARIO: Case Study #1 – Capitol Motors CONSIDERATIONS: • Have recognition requirements been met? • Materiality? ANSWER: Revenue should be recorded on January 2nd (or when customer takes delivery of product) Copyright 2013 Acuity Group PLLC 6 7/23/2013 RED FLAGS of Revenue schemes Recurring negative cash flows from operations while reporting earnings and earnings growth Significant related party transactions Significant, unusual, complex transactions (especially close to end of period) Rapid growth or unusual profitability – especially compared to that of other companies in same industry Significant volume of sales to entities whose substance and ownership is unknown Unusual increase in gross margin (or gross margin as compared to industry peers) Copyright 2013 Acuity Group PLLC REVENUE RECOGNITION ‐ TESTING Pair the following with Professional Skepticism: Understand client Understand client’s business s business Understand client pressures (real or perceived) Cut‐off testing Reconcile goods shipped vs. goods billed Copyright 2013 Acuity Group PLLC REVENUE RECOGNITION ‐ TESTING Sales Transaction Procedures Sales order – approved credit terms? y , pp g g Verify sales order, shipping docs & sales invoices agree Compare prices on invoices to published prices Recompute extensions on sales invoices Unusually large number of sales occur at end of period? End of Period Journal Entries Trace subsequent receipts Copyright 2013 Acuity Group PLLC 7 7/23/2013 Improper asset valuations Copyright 2013 Acuity Group PLLC Lower of cost or market rule GAAP requires that inventory be recorded at the lower of either the cost to produce it, the cost to repurchase it, or the market value of the inventory. Copyright 2013 Acuity Group PLLC Fixed assets Existence Impairment Non‐Asset Costs Financing costs License fees Copyright 2013 Acuity Group PLLC 8 7/23/2013 INVENTORY VALUATION Existence Obsolescence Ownership Copyright 2013 Acuity Group PLLC Accounts receivable Fictitious Re‐Aged Bad Debt Evaluations Copyright 2013 Acuity Group PLLC ASSET VALUATION– CASE STUDY SCENARIO: Case Study #2 –Inland Distributors WHO OWNS THESE ASSETS? RED FLAGS Limited /Restricted Access Multiple Locations Related Party Transactions Copyright 2013 Acuity Group PLLC 9 7/23/2013 Red flags of improper asset valuation schemes Assets, liabilities, revenues or expenses based on significant estimates Judgments or uncertainties difficult to support Significant declines in customer demand and/or business failures in industry or overall economy Unusual growth in number of days Unusual growth in number of days’ purchases in inventory ratio purchases in inventory ratio Unusual change in relationship between fixed assets and depreciation Adding to assets while industry peers are reduction capital tied up in assets Unusual growth in number days’ sales in receivables ratio Unusual increase in gross margin (or margin in excess of industry peers) Copyright 2013 Acuity Group PLLC Asset valuation ‐ testing Confirmations Existence of Assets Fixed Assets Inventory Investments Trend Bad Debt and other “Estimates” Timing Ratio Analysis #Days Sales in Receivables Copyright 2013 Acuity Group PLLC Concealed liabilities and expenses Copyright 2013 Acuity Group PLLC 10 7/23/2013 Concealed liability and expense schemes Liability/Expense Omission Failure to record Defer to later period f l d Capitalized Expenses Returns & Allowances / Warranties Expensing Capital Expenditures Income Tax Purposes Copyright 2013 Acuity Group PLLC CONCEALED LIABILITIES– CASE STUDY SCENARIO: Case Study #3 –Regina Vacuum Company Too Many Returns Too Many Returns – Too Little Room Auditor Lessons? Know the business Understand Financial Pressures Interviews Copyright 2013 Acuity Group PLLC RED FLAGS OF CONCEALED LIABILITY/EXPENSE SCHEMES Allowance for sales returns, warranty claims, etc. are shrinking in percentage terms or are out of line with industry peers Non‐financial management’s excessive participation in or Non financial management’s excessive participation in or preoccupation with the selection of accounting principles or the determination of significant estimates Unusual reduction in # days’ purchases in accounts payable ratio Reducing accounts payable while industry peers are stretching out payments to vendors Unusual increase in gross margin (or EBITDA)…or in excess of industry peers Copyright 2013 Acuity Group PLLC 11 7/23/2013 CONCEALED LIABILITIES ‐ testing Confirmations Banks Vendors Ratio Analysis #Days Purchases in A/P Analysis of Shipping / Receiving Documents Interviews Be “Helpful”! Copyright 2013 Acuity Group PLLC DISCLOSURES Copyright 2013 Acuity Group PLLC DISCLOSURE SCHEMES Liability Omissions Subsequent Events S b Management Fraud Related Party Transactions Accounting Changes Copyright 2013 Acuity Group PLLC 12 7/23/2013 DISCLOSURES– CASE STUDY SCENARIO: Case Study #4 –Fast Eddie Related Party Transactions Auditor Lessons? Interviews! Copyright 2013 Acuity Group PLLC RED FLAGS ‐ DISCLOSURE SCHEMES Domination of management by a single person or small group Ineffective board of directors or audit committee oversight over financial reporting and internal control Ineffective communication, implementation, support, or enforcement of entity’s values/ethical standards Rapid growth or unusual profitability, especially compared to that of Rapid gro th or n s al profitabilit especiall compared to that of other companies in similar industry Significant, unusual, or highly complex transactions Significant related party transactions Overly complex organizational structure Known history of violations of laws or regulations Formal or informal restrictions on auditor access to people and information Copyright 2013 Acuity Group PLLC DISCLOSURES ‐ testing Interviews Cross‐reference key personnel to C f k l secretary of state records Simple Internet searches Thorough review of source documents Copyright 2013 Acuity Group PLLC 13 7/23/2013 Tools in your toolbelt Copyright 2013 Acuity Group PLLC Professional skepticism Identify red flags Accurately asses risks Adjust tests in terms of nature, timing & extent Nature = timing and extent of tests Timing = when test is conducted Extent = how much testing/evidence Gather sufficient and appropriate evidence Copyright 2013 Acuity Group PLLC INTERVIEWS Build Rapport Powerful Tool It’s okay to be Direct Remember the “underlings” Be Available Walkin’ and Talkin’ Copyright 2013 Acuity Group PLLC 14 7/23/2013 Power of ratio analysis Selected Ratios From ZZZZ Best 1985 1986 Current ratio of assets to liabilities Working capital: Total assets Collection ratio Asset turnover Debt to equity ratio Receivables turnover Times interest earned Cost of sales: Sales Gross margin percentage Return on equity .0977 (0.0080) (0 0080) 26.131 1.041 1.486 6.984 43.136 .423 57.68% 46.58% 36.552 0 5851 0.5851 N/A .144 .017 N/A N/A .465 53.51% 183.75% Copyright 2013 Acuity Group PLLC Data extraction software ACL/IDEA COMPARE DATABASES BENFORD’S LAW Copyright 2013 Acuity Group PLLC Research Secretary of State Department of Revenue Google Facebook LinkedIn Copyright 2013 Acuity Group PLLC 15 7/23/2013 THANK YOU! Courage is not the absence of fear, but rather the judgment that something else is more important than fear. ~Ambrose Redmoon TIFFANY R. COUCH, CPA/CFF, CFE ACUITY GROUP PLLC 360.573.5158 tcouch@acuityforensics.com www.acuityforensics.com Copyright 2013 Acuity Group PLLC 16