EXAM 1 Flashcards
CH 1 - Core Foundation Related to Forensic Accounting and Fraud Examination
Module 1: What’s Fraud?
In class
What are the legal elements of fraud? (7 elements)
- A re___
- About a ma___ po___
- Which i__ f__
- And int____ or re___y so (hard thing to prove, their intent)
- W___h is b___
- And a___d u__n by the v___
- To the vi___da___
- A representation
- About a material point
- Which is false
- And intentionally or recklessly so (hard thing to prove, their intent)
- Which is believed
- And acted upon by the victim
- To the victims damage
In class
Fraud is different from 1) in__l errors, victims 2) r___ce on the 3) fa__ st__t
-no such thing as 4) ac___al fraud
1) intentional error
2) reliance
3) false statement
4) accidental
Major Categories of Fraud
What are the 3 major categories of fraud?
-a___t mi____s
-co___n
-fin___l sta___nt f___d and other fra____t st___ts
-asset misappropriations
-corruption
-financial statement fraud and other fraudulent statements
Define Asset Misappropriation
the 1) th___ or m___se of an org___n’s a___s
EX.
-2) sk___g c__h and ch___s
-3) st___g inv___ry
-4) pa___l fr___
1) theft or misuse of an organization’s assets
2) skimming cash (most common) and checks
3) stealing inventory
4) payroll fraud
Define Corruption
the 1) un___ul or w___ul m___se of inf__ in a 2) bu___s tra___n to procure 3) p___nal be__t, contrary to an individual’s duty to his or her employer or the rights of another.
EX.
-4) ac___g kic___s
-5) en___ g in co___s of in__t
1) unlawful or wrongful misuse of influence
2) business transaction
3) personal benefit
4) accepting kickbacks
5) engaging in conflicts of interest
Define Financial Statement Fraud and other fraudulent statements
the 1) in___al mis___tion of 2) fi___al or n___ial information to 3) mi___d others who are 4) re__g on it to make 5) eco___ic d___s.
EX.
6) -ov___g re___es
7) -un___g lia___s or e___s
8) -making f__e pr__es regarding the sa__y and pr___ts of an inv__t
1) intentional misrepresentation 2) financial or nonfinancial
3) mislead
4) relying
5) economic decisions
6) overstating revenues
7) understating liabilities or expenses
8) making false promises regarding the safety and prospects of an investment
Common Fraud Schemes
Suspected frauds can be categorized by a number of different methods, but they are usually referred to as either in___al or e__al frauds
internal or external frauds
What’s the Difference Between Fraud and Abuse?
Module 2: What Is Forensic Accounting?
Forensic accounting is the 1) ap___n of 2) fi___al pr___es and th___s to 3) f__s or hy___s at 4) is__e in a 5) le__l di___e
1) application
2) financial principles and theories
3) facts or hypotheses
4) issue
5) legal dispute
What are the 2 primary functions of Forensic accounting?
- Li___n ad___y services, which recognizes the r__e of the forensic accounting pr___l as an e___rt or co___t
- Inv___e services, which make use of the forensic accounting p___l’s sk__s and may or may not lead to co___m te___ny
- Litigation advisory services, which recognizes the role of the forensic accounting professional as an expert or consultant
- Investigative services, which make use of the forensic accounting professional’s skills and may or may not lead to courtroom testimony
Nonfraud Forensic Accounting and Litigation Advisory Engagements
Some of the typical forensic and litigation advisory services may be summarized as follows:
-Damage claims made by plaintiffs and in countersuits by defendants
-Workplace issues, such as lost wages, disability, and wrongful death
-Assets and business valuations
-Costs and lost profits associated with construction delays
-Costs and lost profits resulting from business interruptions
-Insurance claims
-Divorce and matrimonial issues
-Fraud
-Antitrust actions
-Intellectual property infringement and other disputes
-Environmental issues
-Tax disputes
-Employment issues related to lost income and wages
What are the percentages of each fraud scheme category?
- asset misappropriation
- corruption
- financial reporting fraud
These percentages 1) d__ n__ add up to ___% because many frauds involve 1) mu___e s__es.
1) do not add to 100%
- asset misappropriation = 86%
- corruption = 50%
- financial reporting fraud = 9%
1) multiple schemes
Which of the fraud schemes has the most diversity?
- asset misappropriation
- corruption
- financial reporting fraud
- asset misappropriation
Which of the fraud schemes is the most common?
- asset misappropriation
- corruption
- financial reporting fraud
it’s the most common 1) oc___l fraud scheme in all 2) re___s of the work
- corruption
it’s the most common occupational fraud scheme in all regions of the work
Which of the fraud schemes is the most expensive to least expensive?
- asset misappropriation
- corruption
- financial reporting fraud
- Financial statement fraud:
Median loss: $593,000 - Corruption: Median loss: $150,000
- Asset misappropriation: Median loss: $100,000
Which type of asset misappropriation is most risky ? Least risky?
- Bi___ 20%
- N____sh 18%
- E____se re____ts 11%
- C___k and p____nt ta____ng 10%
- Cash on h___d 9%
- S___g 9%
- Pa____l 9%
- Ca___ lar___y 8%
- Re___r dis____ts 3%
- Billing 20%
- Noncash 18%
- Expense reimbursements 11%
- Check and payment tampering 10%
- Cash on hand 9%
- Skimming 9%
- Payroll 9%
- Cash larceny 8%
- Register disbursements 3%
What was the median duration of fraud in 2022?
Down 33%
-frauds are being caught faster and have smaller losses
What are the 3 elements of the Fraud Triangle?
-pe____ op___
-pe____ pr___
-rat___
-perceived opportunity
-perceived pressure
-rationalization
1) T_ (i.e., whistleblowing, hotlines) remain firmly as the most frequent means by which fraud is detected
What are the second and third most?
2)
1) Tips
2) internal audit and management review
-dont expect the person to confess
What percentage of frauds are committed by males ? By females ?
both have a 7 in them
Frauds committed by males: 73%
Fraud committed by females: 27%
What happens to the median loss as the perpetrator gets older?
the 1) h___ the loss will be
1) higher
What happens to the median loss as more perpetrators are involved ?
The hi___r the loss will be
higher
What is the most common behavioral red flag displayed by perpetrators ?
- Li___ b____d m___s 39%
- Fi___al dif___s 25%
- C__e a____on with ve____or/c__er 20%
- N_ be__al r__ __ 15%
- Co___l is__13%
- Living beyond means 39%
- Financial difficulties 25%
3.close association with vendor/customer 20% - No behavioral red flags 15%
- Control issues 13%
What’s the fraud examination in order?
- Do___t a___is
- N__l t____d party w___s
- Co___e wi___s
- Co-co___s
- T____t
- Document analysis
- Neutral third party witnesses
- Corroborative witness
- Co-conspirators
- Target
In the triangle of fraud action, what are the 3 elements of fraud?
-a__
-co_____
-co_____
-act
-concealment
-conversion
Predication
Define Predication
The totality of circumstances that would lead a 1) rea___e, pr___ly tr___d, and p___nt in___al to believe a fraud has 2) oc___, is oc___g, and/or w__ occur
1) reasonable, professionally trained, and prudent individual
2) occurred, is occurring, and/or will occur
this is the basis of the investigation
All fraud examinations must be based on 1) pr___ p___n; without it, a fraud examination should 2) n__ be co___ed
1) proper predication
2) not be commenced
CH 2 - Who Commits Fraud and Why: The Profile and Psychology of the Fraudster
Module 1: Criminology, Fraud, and Forensic Accounting
Criminology
Define Criminology
the 0) soc___ study of 1) cr__ and cr__
0) sociological
1) crime and criminals
Define Occupational fraud and abuse
the use of one’s 1) occ__ for 2) p__l enrichment through the 3) del__ mi__ or m___n of the employing organization’s 4) re___ or as__s
1) occupation
2) personal enrichment
3) deliberate misuse or misapplication
4) resources or assets
Categories of Occupational Fraud
- Fraud to the det____ of the or____n
-these frauds h___ the company - Fraud for the be___t of the o___on
- Fraud to the detriment of the organization
-these frauds hurt the company - Fraud for the benefit of the organization
White-Collar Crime
Define White-Collar Crime
crime in the 1) u__r, wh___-co__r class, which is composed of 2) re___e, or at l___ re___ed, bu___ and pr____al men.
1) upper, white-collar class
2) respectable, or at least respected, business and professional men.
White-collar crime is often used 1) in___ly with oc___al fr___ and ec___c cri___
1) interchangeably with occupational fraud and economic crime
While white-collar crime is consistent with the notion of trust violator and is typically associated with an 1) a___ of p__
1) abuse of power
One difficulty with relying on white-collar crime as a moniker for financial and economic crimes is that many criminal acts such as murder, drug trafficking, burglary, and theft are motivated by 1) m__
1) money
Organizational Crime
Define Organizational crime
occurs when 1) en___s, co___s, co___ns, n__-for-p__s, no___s, and gov___t b___s, otherwise leg___e and l__-ab____g o___s, are involved in a 2) cr___ offense.
1) entities, companies, corporations, not-for-profits, nonprofits, and government bodies, otherwise legitimate and law-abiding organizations
2) criminal
Federal law allows 1) or__ns to be prosecuted in a manner similar to 2) i___s
1) organizations
2) individuals
Organizational crime is more of a problem 1) int____y and often consists of 2) un__ pr__g, u__ bu___s pr___s , violation of the F___ (Fo__n Co___ Pr___ A__), and t__ ev__.
1) internationally
2) unfair pricing, unfair business practices, violation of the FCPA (Foreign Corrupt Practices Act), and tax evasion.
Organized Crime
Define Organized Crime
These crimes are often 1) co__x, involving many 2) in___, org___ns, and sh__ co__es, and often 3) c__ jur___l bo__
1) complex
2) individuals, organizations, and shell companies
3) cross jurisdictional borders
What are 3 examples of organized crime ?
-M__ L___g
-M__ and __e Fraud
-Cr__l C___cy
-Money Laundering
-Mail and Wire Fraud
-Criminal Conspiracy
Define Money Laundering
addresses the means by which 1) org___ cr__ take m___y from 2) i___al s___s and process it so that it appears 3) “a_ i__” it came from 4) le___ b___s sources.
1) organized criminals take money
2) illegal sources
3) “as if”
4) legitimate business sources.
Define Mail and Wire Fraud
involves schemes that use the 1) po__l se___e or int___ w___s, such as tel___e ca__s, e__l, or other el___c c___ns, to execute the fraud
1) postal service or interstate wires, such as telephone calls, email, or other electronic communication
Define Criminal Conspiracy
occurs when 1) t__ or mo__ pe__e intend to co__t an ill__l act and take some steps toward its 2) im___on.
1) two or more people intend to commit an illegal act
2) implementation
Module 2: Who Commits Fraud and Why: The Fraud Triangle
Who coined the term white-collar crime?
Edwin H. Sutherland
Research in Occupational Fraud and Abuse
- Edwin H. Sutherland
- Donald R. Cressey
- Dr. Steve Albrecht
- Richard C. Hollinger and John P. Clark
Who created the theory of differential association?
(most widely accepted theory of criminal behavior in the twentieth century)
Edwin H. Sutherland
Theory of Differential Association
-Criminality ca__ occur without the as___e of other p__
-Le___ of cri___l activity usually occurred w___ intimate pe___al g__s
-Criminality can’t occur without the assistance of other people
-Learning of criminal activity usually occurred within intimate personal groups
Who created the fraud triangle?
- Edwin H. Sutherland
- Donald R. Cressey
- Dr. Steve Albrecht
- Richard C. Hollinger and John P. Clark
Donald R. Cressey
What are the 3 elements of the fraud triangle?
One leg of the triangle represents pe___ pr___
The second leg is pe___ op___y
Third leg denotes ra____n.
perceived pressure
perceived opportunity
rationalization
Nonshareable Financial Pressures
Perceived Pressure
-Many people inside any organizational structure have at least some 1) ac___s
to 2) c___, ch____s, or other assets
-It is a perceived pressure that causes individuals to seriously consider
3) av____g themselves of the opportunity presented by, for example, an 4) in___l c___l we____
1) access
2) cash, checks, or other assets
3) availing
4) internal control weakness
Perceived Pressure
-1) Fi___l st___t fraud is often attributed to pressures, such as meeting analysts’ expectations, deadlines, and cutoffs, or qualifying for bonuses
-Even in 2) c___il liti___n, pressure can cause one organization to 3) vi___e the
4) te__s and co___s of a co__ct
1) internal control weakness
2) civil litigation
3) violate
4) terms and conditions of a contract
Perceived Opportunity
The presence of a 1) no__ble fin__l pr__m by itself will 2) n__ lead an employee to commit fraud
1) nonshareable financial problem
2) not
Perceived Opportunity
All three elements must be present for a trust violation to occur
- The nonshareable financial problem creates the m___
- The employee must also pe___e that he has an op___y to commit the crime without being c___
- The third and final factor in the fraud triangle is rat___
- The nonshareable financial problem creates the motive
- The employee must also perceive that he has an opportunity to commit the crime without being caught
- The third and final factor in the fraud triangle is rationalization
Two Components of the Perceived Opportunity to Commit a Trust Violation
- Ge__l In__on
- Te___l s__l
- General Information
- Technical skill
Two Components of the Perceived Opportunity to Commit a Trust Violation
- General Information
K___e that the employee’s position of t__t could be vi__
Knowledge that the employee’s position of trust could be violated
Fraud Deterrence
Employees who perceive that they will be 1) ca__t are 2) l__ likely to engage in 3) fra___t c__t
1) caught
2) less
3) fraudulent conduct
Two Components of the Perceived Opportunity to Commit a Trust Violation
- Technical skill
-A__y to commit vi__n
-Usually same a__y that employee needs to obtain j__ in the first place
-Ability to commit violation
-Usually same ability that employee needs to obtain job in the first place
Fraud Deterrence
Define Perception of Detection
1) In___l c___ls can have a
2) det__nt effect only when the employee perceives that such a control 3) e___s in both 4) de__n and o__on
1) Internal controls
2) deterrent
3) exists
4) design and operation
Rationalizations
-Necessary component of crime b___ it takes place
-Necessary so that perpetrator can make his il___ be___r int___ble to him and maintain his concept of himself as a tr__ed pe___
-Necessary component of crime before it takes place
-Necessary so that perpetrator can make his illegal behavior intelligible to him and maintain his concept of himself as a trusted person
Rationalizations
-Rationalization is not an 1) e_ p__t f__o means of justifying a 2) t__t that has already 3) o____ed
-Often 4) ab__d a__r criminal act has taken place
1) ex post facto
2) theft that has already
3) occurred
4) abandoned after
Rationalizations
Cressy placed subjects into three categories:
- In___t bu__en
- Lo__-term v___ors
- Abs___
- Independent businessmen
- Long-term violators
- Absconders
Common Behavioral Red Flags
- Li___ beyond means
- Fin__l di___ies
- Un___ly cl___e association with a ve__r or cu__er
- No be___al red flags
- Control is___es or un___ss to share d__s
- Living beyond means
- Financial difficulties
- Unusually close association with a vendor or customer
- No behavioral red flags
- Control issues or unwillingness to share duties
Who invented the fraud scale?
- Edwin H. Sutherland
- Donald R. Cressey
- Dr. Steve Albrecht
- Richard C. Hollinger and John P. Clark
Dr. Steve Albrecht
Fraud Scale
Variables fell into two principal categories:
- Per__r cha___ics
- Or___l en___nt
- Perpetrator characteristics
- Organizational environment
Fraud Scale
Dr. Steve Albrecht assembled a complete list of 1) pr__re, op___y, and
in__y variables
- Created a list of 50 possible indicators of occupational fraud and abuse
1) pressure, opportunity, and
integrity variables
Capability and Arrogance
In 2004, Wolfe and Hermanson argued that the fraud triangle could be enhanced by considering a fourth element, 1) c___y
this is the fraud diamond
1) capability
so it’s incentive, opportunity, rationalization, capability
How is fraud diamond changed to the fraud pentagon?
In 2010 , 1) Jo__n Ma___s suggested adding 2) ar___ce as a fifth factor in fraud , pointing out the attitude of 3) su___y and e___nt seen in individuals who think they can 4) ig___e company rules because they feel they’re above them , often driven by greed or a lack of conscience .
1) Jonathan Mark
2) arrogance
3) superiority and entitlement
4) ignore
Capability and Arrogance
Define Arrogance
lack of 1) co___e, is
an attitude of 2) su____ity and en___nt or gr__d on the part of a person who believes that corporate 3) pol___s and pr__es simply 4) d_ n__ apply to him
1) conscience
2) superiority and entitlement or greed
3) policies and procedures
4) do not
What is Crowe’s Fraud Pentagon?
- R____on
- P___
- O__y
- C__e
- A___e
- Rationalization
- Pressure
- Opportunity
- Competence
- Arrogance
What are Occupational Fraud Red Flags for personal characteristics?
- Un___y h___h p___al d___
- Se___e p___al fi___l lo___
- Li___ b___d o___s means
- Ex____ ga___g habits
- A___l problems
- Unusually high personal debts
- Severe personal financial losses
- Living beyond one’s means
- Excessive gambling habits
- Alcohol problems
What are Occupational Fraud Red Flags for organizational environment?
- A d____nt that l___ co___nt pe___el.
- La___ of ind____t c__s (other than internal auditor).
- No s___n of cu___y of a___s from the ac___g for those assets
- A department that lacks competent personnel.
- Lack of independent checks (other than internal auditor).
- No separation of custody of assets from the accounting for those assets
CH 3 - Legal, Regulatory, and Professional Environment
Define the 4th amendment
prohibits unr__ble s___es and s__es
prohibits unreasonable searches and seizures
Define the 5th amendment
provides that a person ca__t be co___d to provide inc__g inf___on ag__st himself in a criminal case
provides that a person cannot be compelled to provide incriminating information against himself in a criminal case
Define the 6th amendment
provides that an individual has the r__t to an
at___ey to de__d himself and the ri__t to co__nt wi___es against him
provides that an individual has the right to an
attorney to defend himself and the right to confront witnesses against him
Define the 14th amendment
entitles a person to due pr___s of l__ and equal pr___ns under the l__
entitles a person to due process of law and
equal protections under the law
The Rights of Individuals
- As employees, individuals have an obligation to 1) co__ate with their
2) e__er or be subject to 3) dis__l - 4) F__al law and many 5) s___e laws 6) pr___t employees who report 6) im__er or i__al acts of their employer
1) cooperate with their
2) employer
3) dismissal
4) Federal
5) state
6) protect
6) improper or illegal acts
The Rights of Individuals
- In___ws
- S__s
- Su___ce
- Di___ing a suspected wro___er from employment
- Pr___es
- Interviews
- Searches
- Surveillance
- Discharging a suspected wrongdoer from employment
- Privileges
Interviews
-M___a Wa___gs
-L__al co___el
-P___e employers do n___ have to offer d__ pr__s of l___
-Co___n l__ pr___tions
-Con___
-Miranda Warnings
-Legal counsel
-Private employers do not have to offer due process of law
-Common law protections
-Confessions
Interviews
- Miranda warnings
o Right to remain s___nt
o A__s can be used a___st him
o Right to an at___ey
o If interviewee can’t a___d an at__y, one will be provided at no co__
- Miranda warnings
o Right to remain silent
o Answers can be used against him
o Right to an attorney
o If interviewee can’t afford an attorney, one will be provided at no cost
Employee Interviews
- As long as a 1) n___c entity is conducting the 2) in___, an employee 3) d___s n___ have the right to have a 4) la__ present
- With regard to the 5) F___h Amendment, 6) p___e employers 7) d__ n___ have to offer employees 8) d__ pr__s of l___
1) nonpublic entity
2) interview
3) does not
4) lawyer present
5) 14th
6) private
7) do not
8) due process of law
Employee Interviews
Some of the common means by which federal rights are 1) a____d are 2) via
em____t c___ts, col___e ba___g and other un___ ag____nts, various no____on statutes, and thes F___ L___r St___ds Act
1) altered
2) via
employment contracts, collective bargaining and other union agreements, various nondiscrimination statutes, and the Fair Labor Standards Act