Chapter 1 Introduction to Fraud Examination Learning Objectives • • • • • • • • • • • • • Define fraud examination and differentiate it from auditing. Understand the fraud theory approach. Define occupational fraud. Define fraud. Define abuse. Know the difference between fraud and abuse. Describe the criminological contributions of Edwin H. Sutherland. Understand Donald Cressey’s hypothesis. Give examples of non-shareable problems that contribute to fraud. Understand how perceived opportunity and rationalization contribute to fraud. Explain W. Steve Albrecht’s “fraud scale.” Summarize the conclusions of the Hollinger-Clark study. Summarize the results of the 2012 Report to the Nations on Occupational Fraud and Abuse. 2 Discipline of Fraud Examination • Resolving allegations of fraud from tips, complaints, or accounting clues – – – – – Documentary evidence Interviewing witnesses Writing investigative reports Testifying Assisting in the detection and prevention of fraud • Forensic accounting vs. fraud examination 3 Auditing vs. Fraud Examination Issue Auditing Fraud Examination Timing Recurring Nonrecurring Scope Objective Relationship General Opinion Nonadversarial Specific Affix blame Adversarial Methodology Audit techniques Presumption Professional skepticism Fraud examination techniques Proof 4 Fraud Examination Methodology • Predication – Totality of circumstances that would lead a reasonable, professionally trained, and prudent individual to believe a fraud has occurred, is occurring, and/or will occur – Fraud examinations must be based on predication. 5 Fraud Theory Approach • • • • Analyze available data Create a hypothesis Test the hypothesis Refine and amend the hypothesis 6 Tools Used in Fraud Examination T Observation 7 Defining Occupational Fraud and Abuse The use of one’s occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization’s resources or assets 8 Elements of Fraud • A material false statement • Knowledge that the statement was false when it was uttered • Reliance on the false statement by the victim • Damages resulting from the victim’s reliance on the false statement 9 Occupational Fraud and Abuse Research • Edward Sutherland • Donald Cressey – Cressey’s Hypothesis 10 Opportunity Fraud Triangle Pressure Rationalization 11 2012 Report to the Nations on Occupational Fraud & Abuse • Global survey • Measuring the costs of occupational fraud – 5 percent lost to fraud – $3.5 trillion worldwide 12 Position of Perpetrator Position of Perpetrator Employee 41.6% Manager 37.5% Owner/Executive 17.6% Other 3.2% 0% 10% 20% 30% Percent of Cases 40% 50% 13 Position of Perpetrator Median Loss by Position Employee $60,000 Manager $182,000 Owner/Executive $573,000 Other $100,000 $0 $200,000 $400,000 Median Loss $600,000 14 Gender of Perpetrator Female 35.0% Male 65.0% 15 Median Loss by Gender $250,000 $200,000 Median Loss $200,000 $150,000 $100,000 $91,000 $50,000 $0 Female Male Gender of Perpetrator 16 Department of Perpetrator Department of Perpetrator Accounting Operations Sales Executive/upper mgmt Customer service Other* Purchasing Warehousing, inventory Finance Information technology Manufacturing & production Board of Directors Human resources Marketing/PR Research and development Legal Internal audit 0.0% 22.0% 17.4% 12.8% 11.9% 6.9% 5.9% 5.7% 4.2% 3.7% 2.0% 1.9% 1.4% 1.2% 1.1% 0.7% 0.6% 0.6% 5.0% 10.0% 15.0% Percent of Cases 20.0% 25.0% 17 Department of Perpetrator Median Loss by Department Executive/upper mgmt Finance Board of Directors Purchasing Accounting Legal Marketing/PR Manufacturing & production Human resources Operations Other* Information technology Research and development Sales Warehousing, inventory Internal audit Customer service $500,000 $250,000 $220,000 $200,000 $183,000 $180,000 $165,000 $160,000 $121,000 $100,000 $100,000 $100,000 $100,000 $90,000 $67,000 $32,000 $30,000 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 Median Loss 18 Perpetrator’s Criminal History Criminal History of Perpetrator Never charged or convicted 87.3% Charged but not convicted 5.9% Had prior convictions 5.6% Other 1.2% 0.0% 20.0% 40.0% 60.0% Percent of Cases 80.0% 100.0% 19 Median Loss per Number of Employees Number of Employees <100 $147,000 100-999 $150,000 1,000-9,999 $100,000 10,000+ $140,000 $0 $50,000 $100,000 Median Loss $150,000 $200,000 20 Initial Detection of Frauds Tip 43.3% Management Review 14.6% Internal Audit 14.4% Detection Method By Accident 7.0% Account Reconciliation 4.8% Document Examination 4.1% External Audit 3.3% Notified by Police 3.0% Surveillance/Monitoring 1.9% Confession 1.5% IT Controls 1.1% Other 1.1% 0% 10% 20% 30% 40% 50% Percent of Cases 21 Occupational Fraud and Abuse Corruption Conflicts of Interest Bribery Asset Misappropriations Fraudulent Statements Cash Financial Inventory & All Other Assets Nonfinancial Illegal Gratuities Economic Extortion 22 Frequency of Types of Occupational Fraud and Abuse Percent of Casesa Asset Misappropriation 86.7% Corruption 33.4% Financial Statement 7.6% Fraud Median Loss $120,000 $250,000 $1,000,000 aThe sum of percentages listed in this column exceeds 100 percent because some cases involved fraud schemes that fell into more than one category. The same is true for every scheme classification chart in this book that is based on the 2011 Global Fraud Survey. 23