Protecting your Construction Business Against FRAUD Nicole Teska, CPA, CFE Bowers & Company CPAs NMT@bcpllc.com Local newspapers are riddled with stories of fraud. The schemes are mostly perpetrated by a trusted employee. So how can you, as a business owner, protect yourself? Not only as a business owner, but as a business owner in the construction industry, what are some of the schemes you should be aware of? How can you protect yourself and your company? This article will first discuss common fraud schemes and then it will discuss things you can do to protect yourself and your company. The construction industry lives and dies by the WIP schedule. How would it affect your project’s profit margin if there was $10,000 of fictitious expenses being reported to a particular job? Would it cause you to overbid the next job? Would it cause you to lose your profit on the job? Why not put controls in place to protect yourself. Cash disbursement schemes are the most popular according to the Association of Certified Fraud Examiners (“ACFE”) 2014 Report to The Nations report. The most common cash disbursement schemes fall in to two major categories; check tampering and billing. In check tampering schemes, the perpetrator takes physical control of a check and makes it payable to himself through one of several methods. The most common check tampering schemes include; 1) forged maker, 2) forged endorsement, 3) altered payee and 4) authorized maker. 1) In a forged maker scheme the perpetrator steals blank check stock and forges the signature of the signatory of the account. 2) The forged endorsement scheme is when the perpetrator intercepts a company check intended to pay a third party and converts the check by endorsing the third party’s name. In some cases, the employee also signs his own name as a second endorser. 3) An altered payee scheme is when the perpetrator intercepts a company check intended for a third party and alters the payee designation to their own name. 4) Lastly, the authorized maker scheme, which might be the most difficult to defend against, is when a perpetrator with signature authority on a company account writes a fraudulent check for his own benefit and signs his own name as the maker. There are controls that can be put in place to prevent your company from these check tampering schemes. The first control is not giving signed checks back to the person that generated them. Instead, give them to an administrative assistant or cash receipts accountant to mail out. Another control is to keep blank check stock locked up under control of the signatory of the account. The person should keep track of how many checks were given out and ensure that’s how many they sign. There are other controls that can be put in place to detect if any of these schemes are occurring. One control, is to have a person independent of bank reconciliation procedures obtain the unopened bank statement. They should review the canceled checks for anything unusual i.e. are there manual checks, checks made out to employees, checks with two endorsements, any authorized signor signatures look unusual? All of these could be red flags of check tampering schemes. By having someone independent of the bank reconciliation procedures review the bank statement first, they could notice the unusual activity. Billing schemes are just as common as cash disbursement schemes. The most popular billing schemes are 1) false invoicing via a shell company, 2) false invoicing via non-accomplice vendors and 3) personal purchases made with company funds. 1) In a false invoicing via a shell company scheme, a perpetrator sets up a false shell company and bank account. The perpetrator then begins submitting false invoices to be paid. 2) False invoice via a non-accomplice vendor is when the perpetrator overpays a vendor’s invoice. When the vendor calls to inform the company of this error, the perpetrator asks the vendor to send a refund check. The perpetrator intercepts the refund check and forges the endorsement. 3) The last scheme, personal purchases made with company funds, is when the perpetrator simply purchases personal items with the company’s money. This could be done by either submitting unsanctioned invoices through the accounts payable system for either office supplies or construction materials that could be used for the own personal use. Or the perpetrator could take the company check for the utility bill and pay their own bill instead. There are controls that can be put in place to prevent these schemes from occurring. Segregation of duties amongst the purchasing employees and the payment function is key. Also, making sure a proper approval channel exists to approve invoices and payment. As well as making sure the person signing the checks sees the invoices to support the payment. Additionally, the listing of accounts payable vendors should be periodically reviewed for strange vendors and addresses. There are also controls that can be put in place to detect any red flags, such as analyzing vendor purchases for abnormal levels. These cash disbursement schemes have the most effect on the construction industry. Review your controls to help prevent or detect any possible fraud schemes. Are there segregation of duties between your purchasing approval process and your payment function? Are there enough controls in place over your payment function? Do your bank statements get reviewed monthly for unusual cancelled checks? By implementing just a few small changes, it may save your company thousands of dollars.