Chapter 11: Introduction to Business Ethics and Fraud IT Auditing & Assurance, 2e, Hall & IT Auditing & Assurance, 2e, Hall & Singleton Singleton ETHICS Pertains to the principles of conduct that individuals use in making choices and guiding their behavior in situations that involve the concepts of right and wrong. Business Ethics How do managers decide on what is right in conducting business? Once managers have recognized what is right, how to they achieve it? The necessity to have an articulate foundation for ethics and a consistent application of the ethical standards. IT Auditing & Assurance, 2e, Hall & Singleton BUSINESS ETHICS Basis of Ethical Standards Religious Philosophical Historical IBM combination of all three Ethical Issues in Business [Table 11-1] Equity Honesty Exec. salaries Pricing Rights Health (screening) Privacy Sexual harassment Equal opportunity Whistleblowing Conflicts of interest Security of data & records Foreign practices [FCPA] Accurate F/S reporting Exercise of Corp. Power PAC, and politics Workplace safety Downsizing, closures IT Auditing & Assurance, 2e, Hall & Singleton IMPLEMENTING BUSINESS ETHICS 1990 Business Roundtable Greater commitment of top management Written codes (policy) that clearly communicate standards and expectations Programs to implement ethical guidelines Techniques to monitor compliance Boeing Uses line managers to lead ethics training Toll-free number to report violations General Mills Published guidelines with vendors, competitors, customers Johnson & Johnson Creed integral to its culture Uses surveys to ascertain compliance SAIC Toll-free number, required training, separate dept. IT Auditing & Assurance, 2e, Hall & Singleton IMPLEMENTING BUSINESS ETHICS Role of Management Create and maintain appropriate ethical atmosphere Limit the opportunity and temptation for unethical behavior Management needs a methodology for including lower-level managers and employees in the ethics schema Many times, lower-level managers responsible to uphold ethical standards Poor ethical standards among employees are a root cause of employee fraud and abuses Managers and employees both should be made aware of firm’s code of ethics What if management is unethical? e.g., Enron IT Auditing & Assurance, 2e, Hall & Singleton IMPLEMENTING BUSINESS ETHICS Reported Abuses Typically junior employees (Wall Street Journal) Half of American workers believe the best way to get ahead is politics and cheating One-third of a group of 9,175 surveyed had stolen property and supplies from employers Ethics Resource Center: 1994 study 41% falsified reports 35% committed theft Ethical Development Most people develop a personal code of ethics from family, formal education, and personal experience Go through stages of moral evolution [Figure 11-2] IT Auditing & Assurance, 2e, Hall & Singleton IMPLEMENTING BUSINESS ETHICS Making Ethical Decisions Business schools can and should be involved in ethical development of future managers Business programs can teach students analytical techniques to use in trying to understand and properly handle a firm’s conflicting responsibilities to its employees, shareholders, customers, and the public Every ethical decision has risks and benefits. Balancing them is the manager’s ethical responsibility: Ethical Principles Proportionality: Benefits of a decision must outweigh the risks. Choose least risky option. Justice: Distribute benefits of decision fairly to those who share risks. Those who do not benefit should not carry any risk Minimize Risk: Minimize all risks. IT Auditing & Assurance, 2e, Hall & Singleton COMPUTER ETHICS The analysis of the nature and social impact of computer technology and the corresponding formulation and justification of policies for the ethical use of such technology. Levels of Computer Ethics POP: the exposure to stories and reports in popular media PARA: taking a real interest in computer ethics cases and acquiring some level of skill and knowledge THEORETICAL: multi-disciplinary researchers who apply the theories of philosophy, sociology, and psychology to computer science, intending to bring some new understanding to the field. That is, ethics research. IT Auditing & Assurance, 2e, Hall & Singleton COMPUTER ETHICS A new problem or just a new twist to an old problem? Although computer programs are a new type of asset, many believe that they should not be considered as different form other forms of property; i.e., intellectual property is the same as real property and the rights associated with real property. IT Auditing & Assurance, 2e, Hall & Singleton COMPUTER ETHICAL ISSUES 1. Privacy: Ownership of personal information Policies 2. Security: Systems attempt to prevent fraud and abuse of computer systems, furthering the legitimate interests of firm Shared databases have potential to disseminate inaccurate info to authorized users 3. Ownership of Property: Federal copyright laws 4. Race: African-Americans and Hispanics constitute 20% of population but 7% of MIS professionals IT Auditing & Assurance, 2e, Hall & Singleton COMPUTER ETHICAL ISSUES 5. Equity in Access: Some barriers are avoidable, some are not Factors: economic status, affluence of firm, documentation language, cultural limitations 6. Environmental Issues: Should firms limit non-essential hard copies? What is non-essential? Disposal of equipment and supplies (toner) 7. Artificial Intelligence: Who is responsible for faulty decisions from an Expert System? What is the extent of AI/ES in decision-making processes? IT Auditing & Assurance, 2e, Hall & Singleton COMPUTER ETHICAL ISSUES 8. Unemployment & Displacement: Computers and technology sometimes replace jobs (catch-22, productivity) Some people unable to change with IT, get displaced and find it difficult to obtain new job 9. Misuse of Computer: Copying proprietary software Using a firm’s computers for personal benefit Snooping through firm’s files 10. Internal Control Responsibility: Unreliable information leads to bad decision, possible financial distress Management must establish and maintain a system of appropriate internal controls to ensure integrity and reliability of data (antithetical) IS professionals and accountants are central to adequate internal controls IT Auditing & Assurance, 2e, Hall & Singleton FRAUD & ACCOUNTANTS The lack of ethical standards* is fundamental to the occurrence of business fraud. No major aspect of the independent auditor’s role has caused more difficulty for public accounting than the responsibility for detection of fraud during an audit. [article] This issue has gathered momentum outside the accounting profession to the point where the profession faces a crisis in public confidence in its ability to perform independent attest functions. [SAS 82] Fraud denotes a false representation of a material fact made by one party to another party with the intent to deceive and induce the other party to justifiably rely on the fact to his/her detriment, i.e., his/her injury or loss. Synonyms: White-collar crime, defalcation, embezzlement, irregularities. IT Auditing & Assurance, 2e, Hall & Singleton FRAUD A fraudulent act must meet the following 5 conditions: 1. 2. 3. 4. 5. False representation Material fact Intent Justifiable reliance Injury or loss IT Auditing & Assurance, 2e, Hall & Singleton FRAUD TREE Asset misappropriation fraud 1. 2. 3. 4. Stealing something of value – usually cash or inventory (i.e., asset theft) Converting asset to usable form Concealing the crime to avoid detection Usually, perpetrator is an employee Financial fraud 1. 2. 3. 4. 5. Does not involve direct theft of assets Often objective is to obtain higher stock price (i.e., financial fraud) Typically involves misstating financial data to gain additional compensation, promotion, or escape penalty for poor performance Often escapes detection until irreparable harm has been done Usually, perpetrator is executive management Corruption fraud 1. Bribery, etc. IT Auditing & Assurance, 2e, Hall & Singleton FRAUD SCHEMES Fraudulent financial statements {5%} Corruption {10%} Bribery Illegal gratuities Conflicts of interest Economic extortion Asset misappropriation {85%} Charges to expense accounts Lapping Kiting Transaction fraud IT Auditing & Assurance, 2e, Hall & Singleton EMPLOYEE FRAUD Employee Theft 1) Theft of asset 2) Conversion of asset (to cash, to fraudster) 3) Concealment of fraud IT Auditing & Assurance, 2e, Hall & Singleton MANAGEMENT FRAUD Special Characteristics: 1. Perpetrated at levels of management above the one where internal controls relate 2. Frequently involves using the financial statements to create false image of corporate financial health 3. If fraud involves misappropriation of assets, it frequently is shrouded in a complex maze of business transactions, and often involves third parties. [e.g., ZZZZ Best fraud] IT Auditing & Assurance, 2e, Hall & Singleton FRAUD TRIANGLE People engage in fraudulent activities as a result of forces within the individual (their ethical system) and without (from temptation and/or stress from the external environment) 1. Situational Pressures 2. Opportunity 3. Rationalization A person with a high level of personal ethics and limited pressure and opportunity to commit fraud is most likely to behave honestly [Figure 11-2] A person with low level of integrity, and moderate to high pressures, and moderate to high opportunity is most likely to commit fraud Auditors can develop a “red flag” checklist to detect possible fraudulent activity A questionnaire approach could be used to help auditors uncover motivations for fraud IT Auditing & Assurance, 2e, Hall & Singleton POSSIBLE QUESTIONNAIRE Do key executives have unusually high personal debt? Do key executives appear to be living beyond their means? Do key executives engage in habitual gambling? Do key executives appear to abuse alcohol or drugs? Do key executives appear to lack personal codes of ethics? Do key executives appear to be unstable (e.g., frequent job or residence changes, mental or emotional problems)? Are economic conditions unfavorable within the company’s industry? Does the company use several different banks, none of which sees the company’s entire financial picture? Do key executives have close associations with suppliers? Do key executives have close associations with members of the Audit Committee or Board? Is the company experiencing a rapid turnover of key employees, either through quitting or being fired? Do one or two individuals dominate the company? Does anyone never take a vacation? IT Auditing & Assurance, 2e, Hall & Singleton FINANCIAL LOSSES FROM FRAUD 1996, 2002, and 2004 study by Association of CFE (“Report to the Nation”) estimated losses from fraud and abuse at 6% of annual revenues! Based on GDP in 2002, that would be $600B, and in 2004 $660B in losses. Actual cost is difficult to quantify because: 1. All fraud is not detected 2. Of ones detected, not all are reported 3. In many cases, incomplete information is gathered 4. Information is not properly distributed to management or law enforcement authorities 5. Too often, business organizations decide to take no civil or criminal action against the perpetrator of fraud Organizations with 100 or fewer employees were the most vulnerable to fraud SEC fraud violations reported in COSO “Landmark Study” 1998 IT Auditing & Assurance, 2e, Hall & Singleton FINANCIAL LOSSES FROM FRAUD Profile of perpetrator: By position – Table 11-3 By gender – Table 11-5 By age – Table 11-6 By Education – Table 11-7 Conclusions about profile? Fraudsters do not look like crooks! Collusion – Table 11-4 1. Significant reason to adhere to segregation of duties 2. Risks associated with a key position held by a trusted employee who unknowingly has weak ethics IT Auditing & Assurance, 2e, Hall & Singleton UNDERLYING PROBLEMS Lack of auditor independence Lack of director independence Questionable executive compensation schemes Inappropriate accounting practices IT Auditing & Assurance, 2e, Hall & Singleton SARBANES-OXLEY ACT PCAOB Auditor independence List of services considered non- independent Corporate governance Issuer and management disclosure Fraud and criminal penalties IT Auditing & Assurance, 2e, Hall & Singleton ANTI-FRAUD PROFESSION Fraud auditors Forensic accountants Association of Certified Fraud Examiners Certified Fraud Examiner certification – http://www.acfe.org Forensic Accounting Investigation Evidence for court Litigation CFE – Association of Certified Fraud Examiners See newsletter sample at ACFE web site IT Auditing & Assurance, 2e, Hall & Singleton Chapter 11: Introduction to Business Ethics and Fraud IT Auditing & Assurance, 2e, Hall & IT Auditing & Assurance, Singleton2e, Hall & Singleton