Nonprofit Fraud – Cost and Damage Forensic Assessment Accounting and More Professors Janet Greenlee and Mary Fischer 1 Fraudster Profile • Owner Executive with bachelor’s degree or higher • Tenure of 6 – 10 years • Male aged 41 – 50 acting alone • Living beyond financial means – could also be a wheeler/dealer, unwilling to share duties, or have personal problems • Organizations lose an average 7% of revenues annually per ACFE 06-08 report 2 How does fraud happen? 3 Asset Misappropriation • • • • • Fraudulent billing (largest number) Payroll -ghost employee Expense reimbursement (least costly) Check tampering Fraudulent register disbursement – register refunds (most costly) • Corruption (second largest) 4 Financial Statement Fraud • The three M’s • Manipulation, falsification or alteration of accounting records or supporting documents • Misrepresentation in or intentional omission of events, transactions or other significant information • Misapplication of accounting principles concerning amounts, classification or disclosure 5 Why? • • • • • • • Entitlement and/or greed Easy Need $ (personal issue or addiction) Cover up asset misappropriation Meets analysis prediction - bonus Increase stock prices Avoid loss and/or bolstering financial results 6 Other Fraud Types Employee Fraud Management Fraud External fraud Misuse cash/assets Expense account False insurance claims Lapping False F/S Credit card fraud Check forgery Misuse cash/assets False invoices Expense accounts Unnecessary purchases Check forgery Petty cash Check forgery Bribes/ secret commissions Kickbacks Kickbacks Bid rigging Loans Ghost vendors Produce substitution Avg loss +$ 100 thousand Avg loss +$ 3 million Avg loss + $250 thousand 7 Internal Controls • Control environment and procedures • Accounting system • Accountant’s tools – Common sense – Anecdotal evidence • More considerations … • More in following session 8 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Here is a few 2007 examples of nonprofit mischief: Red Cross – (CA)-$110,000 ABC Humanitarian Trust- (MN)- $137,000 Elite Gym Starz Parent Club (MI)- $108,604 Leukemia and Lymphoma Society – (MI)- $43,616 Hickory Grove Elementary PTO- (MI)- $36,000* San Diego (CA) Schools: i. Friends of Jamul-Dulzura Schools - $131,000 ii. Fallbrook High School - $27,000 iii. Valhalla High School -$19,000 iv. Rancho San Diego -$55,000 Big Sun Youth Soccer League (FL)- $35,000 Salvation Army- (AL)- $160,000 Best Choice- (NM) - $1.8 million Citi Performing Arts Center-(MA) - $1.9 million+ North Carolina A&T State University - $1 million Salinas Police Activities League-(CA)- $35,000+ Crotched Mountain Rehabilitation Center-(NH)-$1 million* Cornerstone Christian Fellowship Church - $400,000+ Salinas Police Activities League - $35,000+ 9 Our study - Who are the Victims Type of Organization Private Company % Median Loss from Fraud 41.8 $123,000 Public Company 30.3 $100,000 Government Agency Nonprofit Organizations 15.8 $37,500 12.2 $100,000 10 Interesting Findings • 37.9 % of losses $100,000 - $500,000 • 53.4 % organizations where fraud was found had fewer than 100 employees • 27% of the perpetrators had been employed for less than 5 years (avg loss $120,000) • Size of organization matters – ogr with revenues over $500M avg loss $1.4 M compared to org with less than $100 M organizations avg loss only $130,000 • Less than half of the losses recovered any $ 11 What Types of Frauds were Committed in Nonprofits? Type of Fraud % Median Loss Fraudulent Financial Statements Corruption 5.2 $3,000,000 22.2 $105,000 97.5 $100,000 Misappropriation of Assets 12 Cash Misappropriation Type of Misappropriation % Median Loss Fraudulent Disbursement 76.6 $145,000 Skimming 22.4 $40,000 Cash Larceny 17.2 $145,000 13 Fraudulent Disbursements Type of Disbursement % Median Loss Billing 46.7 $128,000 Check Tampering 44.8 $163,500 Expense Reimbursement Payroll 13.8 $83,373 17.2 $110,873 Register Disbursement 3.5 $375,842 14 Methods of Detection Detection Method % Median Loss Tip from Employee 24.1 $40,333 By Accident 22.4 $85,636 Internal Controls 13.8 $177,900 External Audit 12.0 $91,745 Internal Audit 10.3 $119,000 Anonymous and others such as tips from customer or vendor 17.4 15 The Perpetrator • The typical perpetrator was a middle aged woman with only a high school education • Trusted employee • Over 75% has no criminal history • Over 70% were terminated • Only 15+% of the perpetrators made restitution • 6.9% received no punishment at all 16 No Legal Action Why no Taken (80% of cases) Why?? Reason for no legal action % Private settlement 24.0 Fear of bad publicity 19.0 Too costly 11.9 Internal discipline sufficient 11.9 Organization wanted closure 9.5 Government declined to prosecute 9.5 Lack of evidence 9.5 Perpetrator lacked assets 7.1 Perpetrator disappeared 4.8 Fear of countersuit 2.4 17 SAS 109 (cont.) Damage Control “Amendment to SAS no 95 Generally Accepted Auditing Standards” What can be done! • • • • • • • • • Ensure separation of duties Implement and install strong internal controls Employ background checks for new employees Perform regular fraud audits Established a fraud policy Be willing to prosecute Develop and monitor ethics training for all employees Install an anonymous fraud reporting mechanism Apply workplace surveillance if appropriate 18 SAS 109 (cont.) Questions and Answers “Amendment to SAS no 95 Generally Accepted Auditing Standards” 19