Overview of Auditing for Fraud "It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently." Warren Buffet - 1-2 An Abundance of Frauds 1-3 Why Fraud is a Costly Business Problem Fraud Robs Income Fraud Losses Reduce Net Income $ for $ If Profit Margin is 10%, Revenues Must Increase by 10 Times the Losses to Recover the Affect on Net Income Losses……. $100 Million Revenue….$1 Billion 1-4 Fraud Cost….Two Examples General Motors $436 Million Fraud Profit Margin = 10% $4.36 Billion in Revenues Needed At $20,000 per Car, 218,000 Cars Bank $100 Million Fraud Profit Margin = 10 % $1 Billion in Revenues Needed At $100 per year per Checking Account, 10 Million New Accounts 1-5 General Profile of White Collar Criminals Older (30+ years) 75% Male, 25% Female Stable Financial Position Above Average Education Less Likely to Have a Criminal Record Good Psychological Health Position of Trust Detailed Knowledge of Accounting Systems and its Weaknesses Second COSO Report Major Characteristics of Companies Having Perpetrated Fraud Smaller companies - under $200 million in revenues Board of directors dominated by management Audit committees non-existent or inactive Overstated revenues and corresponding assets Most revenue frauds involved premature recognition or fictitious revenues No internal audit department Perpetrated over relatively long-terms (average period 2 years) Companies were in loss situations or near break-even prior to the fraud CEO and /or CFO involved in 83% of the cases Fraud & Auditor Responsibilities "The detection of material fraud is a reasonable expectation of users of audited financial statements. Society needs and expects assurance that financial information has not been materially misstated because of fraud. Unless an independent audit can provide this assurance, it has little if any value to society” Public Companies Accounting Oversight Board Overview of Auditors’ and Other Professionals’ Responsibilities 1-8 External Auditors (CPAs) SAS 99: Consideration of Fraud in a Financial Statement Audit SAS 54: Design audit to provide reasonable assurance of detecting fraud that could have a material effect on the financial statements. Perform fraud-related procedures Illegal Acts --- Focused primarily is on direct-effect illegal acts SAS 114: “The Auditor’s Communication with Those Charged with Governance” Other Professional’s Responsibilities Internal Auditors (CIAs) Internal auditors support management's efforts to establish a culture that embraces ethics, honesty, and integrity. They assist management with the evaluation of internal controls used to detect or mitigate fraud, evaluate the organization's assessment of fraud risk, and are involved in any fraud investigations. Governmental Auditors Focus on laws and regulations (compliance), design audit to detect abuse and illegal acts, report to the appropriate authority Certified Fraud Examiners (CFEs) Assignments begin with predication (probable cause) 3-8 1-9 Errors and Illegal Acts Errors --- unintentional misstatements or omissions of amounts or disclosures in financial statements Direct-Effect Illegal Acts --- violations of laws or government regulations by the company or its management or employees that produce direct and material effects on dollar amounts in financial statements. Far Removed Illegal Acts --- violations of laws and regulations that are far removed from financial statement effects (for example, violations relating to insider securities trading, occupational health and safety, food and drug administration, environmental protection, and equal employment opportunity). 1-10 Auditor Responsibility for Detecting Errors, Frauds, and Illegal Acts Auditor Responsible for Detection? Must Communicate Findings? Material Immaterial Material Immaterial Errors Yes No Yes (Audit Committee) No Fraud Yes No Yes (Audit Committee) Yes (One Level Above) Illegal Acts Yes (Direct Effect) No Yes (Audit Committee) Yes (One Level Above) 1-11 Defining Fraud Four Elements: Material False Statement Knowledge the Statement was False Reliance on the Statement by Victim Damages Categories of Fraud Defalcations Fraudulent Financial Reporting Defalcation Employee takes assets from the organization for personal gain ACFE Classification: Corruption Asset Misappropriation Note: Defalcation may create misleading financial statements if stolen assets are reported on the statements 1-14 Definitions Related to Employee Fraud White Collar Crime --- fraud perpetrated by people who work in offices and steal with a pencil or a computer terminal in contrast to violent street crime. Employee Fraud --- use of fraudulent means to take money or other property from an employer. It consists of three phases: (1) the fraudulent act, (2) the conversion of the money or property to the fraudster's use and (3) the cover-up. Embezzlement --- employees' or nonemployees' wrongfully taking money or property entrusted to their care, custody, and control, often accompanied by false accounting entries and other forms of lying and cover-up. Larceny --- simple theft of an employers property that is not entrusted to an employee's care, custody or control. 1-15 Red Flags: Employee Fraud o o o o o o o o o Missing Documents. Alterations on Documents. Photocopied Documents. Second Endorsements on Checks. Unusual Endorsements. Old Outstanding Checks. Unexplained Adjustments to Accounts Receivable and Inventory Balances. Unusual Patterns in Deposits in Transit. General Ledgers do not Balance. o o o o o o o o o o Cash Shortages and Overages. Excessive Voids and Credit Memos. Customer Complaints. Common Names or Addresses for Refunds. Increased Past Due Receivables. Inventory Shortages. Increased Scrap. Duplicate Payments. Employees Cannot be Found. Dormant Accounts that have Become Active. Cash Misappropriation Schemes Larceny--- stealing cash after it has been recorded on the books Skimming--- stealing cash before it is recorded on the books Fraudulent Disbursements Billing-- set up false vendors and pay for fictitious goods Payroll-- add fictitious employees to payroll Expense Reimbursement-- submit overstated reimbursement requests Check Tampering-- alter check, e.g. change payee or amount Fraudulent Financial Reporting Intentional Manipulation of Financial Statements Manipulation, falsification, or alteration of accounting records or supporting documents Misrepresentation or omission of events, transactions, or significant information Intentional misapplication of accounting principles Most common types are Overstate assets and understate expenses Overstate revenues and assets Understate liabilities Patterns of Financial Reporting Frauds Complex Revenue Recognition Schemes Incorrect Billings to the Government Holding the Books Open Accelerated Revenue Recognition Capitalizing Expenses 1-19 Financial Statement Frauds Revenue/Accounts Receivable Frauds (Global Crossing, Quest, ZZZZ Best) Inventory/Cost of Goods Sold Frauds (PharMor) Understating Liability/Expense Frauds (Enron) Overstating Asset Frauds (WorldCom) Overall Misrepresentation (Bre-X Minerals) To Do Revenue-Related Transactions and Frauds Transaction Accounts Involved Fraud Schemes 1. Estimate all uncollectible accounts receivable 2. Sell goods and/or services to customers Bad debt expense, allowance for doubtful accounts Accounts receivable, revenues (e.g. sales revenue) 1. Understate allowance for doubtful accounts, thus overstating receivables 4. Write off receivables as uncollectible Allowance for doubtful accounts, accounts receivable 7. Not write off uncollectible receivables 8. Write off uncollectible receivables in a later period 5. Collect cash after discount period Cash, accounts receivable 6. Collect cash within discount period Cash, sales discounts, accounts receivable 9. Record bank transfers as cash received from customers 10. Manipulate cash received from related parties 11. Not recognize discounts given to customers 3. Accept returned goods from customers 2. Record fictitious sales (related parties, sham sales, sales with conditions, consignment sales, etc.) 3. Recognize revenues too early (improper cutoff, percentage of completion, etc.) 4. Overstate real sales (alter contracts, inflate amounts, etc.) Sales returns, accounts 5. Not record returned goods from customers receivable 6. Record returned goods after the end of the period 1-20 To Do Inventory/Cost of Goods Sold Frauds Transaction Accounts Involved Fraud Schem es 1. Purchase inventory Inventory, accounts payable 1. Under-record purchase 2. Record purchases too late 3. Not record purchases 2. Return merchandise to Accounts payable, inventory 4. Overstate returns supplier 5. Record returns in an earlier period (cutoff problem) 3. Pay vendor w ithin discount Accounts payable, inventory, 6. Overstate discounts period cash 7. Not reduce inventory cost 4. Pay vendor w ithout discountAccounts payable, cash Considered in another chapter 5. Inventory is sold; cost of Cost of goods sold, inventory 8. Record at too low an amount goods sold is recognized 9. Not record cost of goods sold nor reduce inventory 6. Inventory becomes obsoleteLoss on w rite-dow n of 10. Not w rite off or w rite dow n obsolete inventory inventory, inventory 7. Inventory quantities are Inventory shrinkage, inventory11. Over-estimate inventory (use incorrect ratios, etc.) estimated 8. Inventory quantities are Inventory shrinkage, inventory12. Over-count inventory (double counting, etc.) counted 9. Inventory cost is determinedInventory, cost of goods sold 13. Incorrect costs are used 14. Incorrect extensions are made 15. Record fictitious inventory 1-21 1-22 Understating Liability Frauds Not recording accounts payable Not recording accrued liabilities Recording unearned revenues as earned Not recording warranty or service liabilities Not recording loans or keep liabilities off the books Not recording contingent liabilities 1-23 Asset Overstatement Frauds Overstatement of current assets (e.g. marketable securities) Overstating pension assets Capitalizing as assets amounts that should be expensed Failing to record depreciation/amortization expense Overstating assets through mergers and acquisitions Overstating inventory and receivables 1-24 Disclosure Frauds 1. Overall misrepresentations about the nature of the company or its products, usually made through news reports, interviews, annual reports, and elsewhere 2. Misrepresentations in the management discussions and other non-financial statement sections of annual reports, 10-Ks, 10-Qs, and other reports 3. Misrepresentations in the footnotes to the financial statements 1-25 Concealing Asset Misappropriations False Debits To expenses (most common) Expenses are not tangible (can’t be inventoried) Expense accounts closed to zero at end of year To assets Commonly debit accounts receivable Debit to asset easier to detect Stays on books 1-26 Concealing Asset Misappropriations Omitted Credits Concealment technique for cash skimming Pocket cash, no credit to sales Out-of-Balance Conditions Asset removed from business (debit) No corresponding credit Person hopes nobody notices 1-27 Concealing Asset Misappropriations Forced Balances Variation of out-of-balance technique Instead of a false entry to cover loss, person simply adds wrong, carry false totals Used by persons with access to the books Lessons Learned From Fraud Cases Need to look at economic assumptions underlying growth Need to assess risk factors and when the risk of fraud is high, demand and gather stronger evidence Computer errors should be viewed as a risk factor Dominant clients can be a problem Need to know what motivates management Not assume all people are honest When fraud risk indicators are discovered, they must be thoroughly investigated 1-29 Reasons Auditors Fail to Detect Fraud Not their Job Audits too Predictable Auditors are not Authenticators Auditors Not Trained Limited or No Experience Over Reliance on Client Representations. Lack of awareness or failure to recognize that an observed condition may indicate a material fraud. Personal Relationships with Clients. Fraud Triangle Incentives/Pressures Opportunities Attitudes/Rationalization 1-31 Fraud Elements Motivation Opportunity Rationalization High Risk Source: W.Hillison, D. Sinason, and C. Pacini, “The Role of the Internal Auditor in Implementing SAS 82,” Corporate Controller, July/August 1998, page 20. 6-31 1-32 Motive Some kind of pressure a person experiences and believes unshareable with friends and confidants Actual or perceived need for money (Economic motive) “Habitual criminal” who steals for the sake of stealing (Psychotic motive) Committing fraud for personal prestige (Egocentric motive) Cause is morally superior, justified in making others victims (Ideological motive) 6-32 Fraud Triangle Needs/Situational ‘Red Flags” High Personal Debts Lives Beyond Means Excessive Investment Speculation Excessive Gambling Substance Abuse Extra-marital Affairs Job Frustration Resentment of Superiors Corporate Expectations for Performance Fraud Triangle Opportunity “Red Flags” Inadequate Internal Controls Too “cozy” with suppliers Annual vacations or sick days not taken Weak management or excessive turnover Ineffective or no internal audit unit No rotation of job duties among employees Procedures not well understood/ always in a “crisis mode” Fraud Triangle More Opportunity “Red Flags” Poor physical safeguards over cash, investments, inventory, or fixed assets Large amounts of cash on hand or processed Inventory that is small, high-value, or high in demand Easily convertible assets (e.g. computer chips) Fixed asset characteristics such as small size, marketability, or lack of ownership identification 1-36 Rationalization People do things that are contrary to their personal beliefs – outside their normal behavior – they provide an argument to make the action seem like it is in line with their moral and ethical beliefs. I need it more than the other person. I’m borrowing the money and will pay it back Everybody does it The company is big and will never miss it Nobody will get hurt I am underpaid, so this is due compensation I need to maintain a lifestyle and image. SAS 99, "Fraud Detection in a Financial Statement Audit" Requires auditors to search for risk factors related to fraud If risk factors are present, auditor needs to modify audit to Actively search for fraud Require more substantive audit evidence In some cases, assign forensic (fraud) auditors to the engagement Emphasizes Professional Skepticism 1-38 Considering the Risk of Fraud (SAS 99) Staff discussion Obtain information needed to identify risks Identify and assess risks Respond to risk assessment Evaluate audit evidence Communicate and document Step 1: Audit Team Brainstorming Designed to: Allow experienced auditors to educate less experienced auditors Set the proper level of professional skepticism for the audit Topics covered: How fraud can be perpetrated and concealed Presume fraud in revenue recognition Incentives, opportunities, and rationalization for fraud Industry conditions Operating characteristics and financial stability 1-40 Step 2: Obtain Information to Identify Risks Inquiries Management Audit Committee Internal Auditors Others Planning Analytical Procedures Net income to cash flows (total accruals to total assets) Days sales in receivables Gross margin Asset quality index (non current assets- p,p&e to total assets) Sales growth index 3-40 1-41 Step 3a: Identify Risk Factors Related to Fraudulent Financial Reporting Management’s Characteristics and Influence Industry Conditions Operating Characteristics and Financial Stability Management’s Characteristics and Influence Motivation to engage in fraudulent reporting A failure to display an appropriate attitude about internal control and financial reporting. Nonfinancial management excessive participation in selection of accounting principles or determination of estimates High turnover of senior management Strained relationship with auditor Known history of violations 1-42 1-43 Risk Factors: Industry Conditions Company profits lag the industry. New requirements are passed that could impair stability or profitability The company’s market is saturated due to fierce competition The company’s industry is declining The company’s industry is changing rapidly. 3-43 1-44 Risk Factors: Operating Characteristics A weak internal control environment prevails. The company is not able to generate sufficient cash flows to ensure that it is a going concern. There is pressure to obtain capital. The company operates in a tax haven jurisdiction. The company has many difficult accounting measurement and presentation issues. The company has significant transactions or balances that are difficult to audit. The company has significant and unusual related-party transactions. Company accounting personnel are lax or inexperienced in their duties. 3-44 1-45 Step 3b: Assess Fraud Risks Type Significance Likelihood Pervasiveness Assess Controls and Programs Required Risk Assessments Presume that improper revenue recognition is a fraud risk. Identify risks of management override of controls Examine journal entries and other adjustments. Review accounting estimates for biases. Evaluate business rationale for significant unusual transactions. 1-46 Analytical Indicators of Fraud Risk Key analytical factors the auditor should develop include: Large revenue increase at the end of the period Sales increasing faster than industry sales which don't seem justified Unusually large increase in gross margin Large number of sales returns after year-end Increase in number of day's sales in receivables Increase in number of day's sales in inventory Significant increase in debt/equity ratio Cash flow or liquidity problems Significant changes in non-financial performance measures Relate Internal Control and Fraud Risk Internal control weaknesses are a strong indicator of fraud risk The auditor should examine a variety of control areas including: Corporate governance Management control and influence Audit committee Corporate culture Internal auditing Monitoring controls Whistle blowing Codes of ethics Related party transactions 1-49 Step 4: Respond to Assessed Risks Effect on audit. Assignment of Personnel Choice of Accounting Principles Predictability of Auditing Procedures Examination of Journal Entries and other Adjustments Retrospective Review of Prior Year Accounting Estimates Extended procedures 1-50 Extended Procedures Count the petty cash twice in one day. Investigate suppliers/vendors. Investigate customers. Examine endorsements on canceled checks. Add up the accounts receivable summary. Audit general journal entries. Match payroll to life and medical insurance deductions. Match payroll to social security numbers. Match payroll with addresses. Retrieve customer checks. Use marked coins and currency. Measure deposit lag time. Examine documents. Inquire, ask questions. Covert surveillance. Horizontal and vertical analysis. Net worth analysis. Expenditure analysis. 1-51 Step 5: Evaluate Audit Evidence Discrepancies in the accounting records. Conflicting or missing evidential matter. Problematic or unusual relationships between the auditor and management. Results from substantive of final review stage analytical procedures. Vague, implausible or inconsistent responses to inquiries. Responding to Misstatements that May be the Result of Fraud When fraud is suspected, the auditor gathers additional information to determine whether fraud actually exists. 1-53 Step 6:Communicate Fraud Matters SAS 99—Evidence Fraud May Exist --Appropriate Level of Management Sarbanes Oxley --- Significant Deficiencies to Board of Directors 1-54 Step 7: Audit Documentation of Fraud Nature of Communications Discussion Results Specific risks Procedures Other conditions Reasons Forensic Accounting Forensic accounting is an extension of auditing, but with a number of differences: Detailed investigation where fraud has been identified or is suspected Focuses on identifying perpetrators and getting a confession Builds support for legal action against the perpetrator May provide litigation support such as expert testimony Extensive use of interviews 100% examination of fraud-related documents Reconstruction of account balances Broader scope than auditing