exam 2 Flashcards
Fraud Legal Definition
- a false statement, representation, or disclosure is made
- The fact is a material fact that induces a person to act
- the fact was made with the intent to deceive
- a justifiable reliance on the fraudulent fact in which the person was taking action
- an injury or loss was suffered by the victim
Three sides of the fraud triangle
Opportunity, rationalization, pressure
Opportunity triangle
commit, conceal, convert
Rationalization triangle
attitude, lack of personal integrity, justification
employee pressure triangle (pressure)
financial, emotional, lifestyle incentives
financial statement pressure triangle
financial, management characteristics, industry conditions
missapropriation of assets
- theft of company assets
most common, smaller amounts with each instance
largest factors for theft of assets
- absence of internal controls system
- failure to enforce the internal control system
fraudulent financial reporting
intentional or reckless conduct, whether by act or omission, that results in materially misleading financial statements
corruption
- wrongful use of a position to procure benefits
- kickbacks, conflicts of interest
lapping
concealing the theft of cash through delays in posting collections to accounts recievable: often through applying payments to different customer balances
kiting
creating cash using the lagtime between when a check is deposited and the time it clears the bank
auditing standard SAS 99 (now AU-C 240)
- understand fraud
- discuss risks of material fraudulent statements amongst audit group
- obtain evidence supporting if fraud has occured or not
- evaluate the results of other audit tests
- document and communicate findings
- professional skepticism
- incorporate technology focus
input fraud
alteration or falsifying input of data in the AIS: you have the ability to input this data as a part of your responsibilites
Processor fraud
unauthorized system use, like using work computers for non-work activities or using access you incidentally have in the AIS but shouldnt be using
computer instruction fruad
modifying software to do unintended things, illegal copying of software, creating software to undergo unauthorized activities
output/data fraud
stealing, copying or missuing AIS reports/printouts or displaying information
Foreign Corrupt Practices Act (FCPA)
- first piece of regulation that required internal controls - 1970s
- did not require an audit of the controls
Sox act- MGMT rules
- Management is responsible for setting up internal controls over financial reporting, other operational controls are good just not necessary for SOX compliance
- auditors are told about material internal controls weaknesses and fraud even if its immaterial
Sox act- External audit
- Audit partners must rotate periodically
- prohibited from performing certain non- audit services (consulting)
SOX- new audit committee rules
- still part of board of directors with new independence rules ( cant be employees)
- one member must be a financial expert
- oversees external audit
Sox- Creation of PCAOB
- entity that oversees the external audit profession includingprocess review and approv
COSO
committee of sponsoring organizations, like US Gaap rules for internal controls
ERM Framework
broad focus on strategic planning, setting risk the company is willing to take on