EXAM 2 Flashcards
Ch 6 - Corruption and the Human Factor
Module 1: Corruption Schemes
In the ACFE Fraud Tree, corruption schemes are broken down into four classifications:
- B___y
- I___l gr___ies
- E____ic ex___n
- C____ts of i___st
- Bribery
- Illegal gratuities
- Economic extortion
- Conflicts of interest
Define Bribery
Bribery may be defined as the 1) of___, g__g, re___ng, or so___ng anything of 2) v___e to 3) in___ce an 4) of__l a_t.
The term 4.5) o__al a_t means that traditional bribery statutes proscribe only 5) pa__s made to 6) in__e the de___ns of 7) go___t ag___s or em__es.
1) offering, giving, receiving, or soliciting
2) value
3) influence
4) official act
4.5) official act
5) payments
6) influence the decisions
7) government agents or employees.
Define Commercial Bribery
Many occupational fraud schemes, however, involve commercial bribery, which is similar to the traditional definition of bribery except that something of 2) v___e is 3) of__d to influence a 4) b___ss decision rather than an 5) o__al act of go___nt
2) value
3) offered to influence
4) business decision
5) official act of government
Define Illegal Gratuities
are similar to 1) b___ schemes, except that something of 2) v___e is given to an employee to r___d a d___ rather than in__ce it
1) bribery
2) value is given to an employee to reward a decision rather than influence it
In an illegal gratuity scheme, a decision is made that happens to benefit a certain person or company.
Define Economic Extortion
cases are the 1) “p__ up or e__” cor___on schemes
1) “pay up or else” corruption
Define Conflict of Interest
occurs when an 1) e___e, m___er, or e___e has an 2) u___d ec__c or p___al i__st in a transaction that 3) ad___y af__ts the
organization
the keyword is ____
1) employee, manager, or executive
2) undisclosed economic or personal interest
3) adversely affects
the keyword is undisclosed
Module 2: Bribery
Define Bribery
Something of 1) v__e of___d to 2) inf___e b___s 3) d___on or of___l a__
1) value offered
2) influence business
3) decision or official act
1) U___r-the-t___e p____nts for the exercise of influence over a business decision
Just 2) of___g a payment can constitute as a 3) b___e
1) Under-the-table payments
2) offering a payment
3) bribe
Bribery schemes generally fall into two broad categories:
- ki___s
- b__-ri___ng sc__es
- kickbacks
- bid-rigging schemes
Define Kickback Schemes
Submission of 1) in___es for g__ds and se___es that are either 2) o__ed or fic___s
-Involve 3) co____n between 4) e___s and v___rs
1) invoices for goods and services
2) overpriced or fictitious
3) collusion
4) employers (organization insiders) and vendors (organization outsiders)
Kickback schemes almost 1) al___s at___k the 2) pu___g function of the victim company, so it stands to reason that these frauds are often undertaken by 3) em__es with purchasing re___ies.
1) always attack
2) purchasing function
3) employees with purchasing responsibilities.
Kickbacks Schemes
Moreover, these schemes are 1) na___ly m__e c___n when the 2) p___ng decision is ultimately made by 3) o___ p__n.
That is why the usual kickback suspect is the 4) h__ of the 5) pu___g d___t or a k__ d___n-ma___ in the 6) pu___g process
1) naturally more common
2) purchasing decision
3) one person
4) head
5) purchasing department or a key decision-maker
6) purchasing
Kickback Schemes (Diverting Business to Vendors)
In some instances, an employee/fraudster receives a kickback simply for 1) di___g e___s b___ess to a v__.
There might be 2) n__ o___g involved in these cases;
1) directing excess business to a vendor
2) no overbillling
Diverting Business to Vendors
the 1) vendor simply 2) p___s the ki____ks to 3) e___e a s___y st__m of b___s from the pu___g company.
1) vendor
2) pays the kickbacks
3) ensure a steady stream of business from the purchasing
Diverting Business to Vendors
Because these transactions 1) d__ n___ require the d___t pa___nt of c___, they
can be particularly 2) d___lt to detect
1) do not require the direct payment of cash
2) difficult
Diverting Business to Vendors
Assuming the vendor simply wants to get the buyer’s business and does not increase his prices or bill for undelivered goods and services, how is the buyer harmed?
The problem is that, having 1) bought off an employee of the purchasing company, a vendor is 2) n__ lo___r subject to the n___l e___ic pr___es of the m___ce.
This vendor 3) d___ n__t have to co___e with other suppliers for the 4) p___ng company’s business and consequently has 5) n__ inc___e to provide a l__ p__e or q__y mer___e.
1) bought off
2) no longer subject to the normal economic pressures of the marketplace
3) does not have to compete
4) purchasing
5) no incentive to provide a low price or quality merchandise.
Overbilling Schemes:
Employees with Approval Authority
In most instances, kickback schemes 1) b__n as o___ng schemes in which a 2) v__or submits in___d in___s to the v___ company.
1) begin as overbilling schemes
2) vendor submits inflated invoices to the victim
Overbilling Schemes:
Employees with Approval Authority
The 1) f___e in___s either 2) o___e the 3) c__t of a__al go__s and se___s or reflect 4) fi___us s___
1) false invoices
2) overstate
3) cost of actual goods and services
4) fictitious sales
Overbilling Schemes:
Employees with Approval Authority
the ability to 1) a___ize pu___s (and thus to authorize 2) fr___t pu___es) is usually a 3) k___ to kickback schemes.
1) authorize purchases
2) fraudulent purchases
3) key
Overbilling Schemes: Fraudsters Lacking Approval Authority
Although the majority of kickback schemes involve people with authority to approve purchases, this authority is not an absolute necessity;
in some cases, the 1) la__ of a___ty simply makes the 2) il___l ac___ty m___e ch___ng for the fra___
1) lack of authority
2) illegal activity more challenging for the fraudster
Overbilling Schemes: Fraudsters Lacking Approval Authority
When an employee 1) ca___t ap___e 2) f___nt purchases himself, he can still orchestrate a 3) k___ck sc___e if he can 4) ci___nt pu___ng c___ls
1) cannot approve
2) fraudulent purchases himself
3) kickback scheme
4) circumvent purchasing controls
Overbilling Schemes: Fraudsters Lacking Approval Authority
In 1) l___ so___ed schemes, a 2) co__t e___ee might simply take a 3) f___nt in___e from a ve___r and s___ it into a stack of 4) pr___d inv___s b___e they are in___t into the accounts payable system.
1) less sophisticated
2) corrupt employee
3) fraudulent invoice from a vendor and slip
4) prepared invoices before they are input into the accounts payable system.
Overbilling Schemes: Fraudsters Lacking Approval Authority
Kickback schemes can be very 1) d___t to detect
1) difficult
Other Kickback Schemes
In some circumstances, 1) ou___s seek other fraudulent 2) as___ce from em__es of the 3) vi__m company
In other cases, bribes come from 4) p___l p____ers who seek a 5) lo___ p__e from the victim company
1) outsiders
2) assistance from employees 3) victim
4) potential purchasers
5) lower price
What’s another kickback schemes?
-s___ f__s
slush funds
Slush Funds
Every bribe is a 1) t__-s___d transaction. In each case where a vendor bribes a purchaser, there is someone on the vendor’s side of the transaction who is making an illicit payment. It is, therefore, just as likely that your employees are paying bribes as accepting them.
To obtain the 2) f___s to make these payments, employees usually 3) di___rt c___ny money into a 4) s___h f___d
1) two-sided
2) funds
3) divert
4) slush fund
Define Slush Funds
a 1) n___ny ac___nt from which b__ can be made
1) noncompany account from which bribes
Slush Funds
Assuming that the briber’s company 1) d__ n___ au___e bribes, he must find a way to generate the funds necessary to 2) il___y in___ce so__e in a__er organization.
Therefore, the key to the crime from the briber’s perspective is the 3) di___n of m___y into a sl__h f__d
1) does not authorize bribe
2) illegally influence someone in another
3) diversion of money into a slush fund
Preventing and Detecting Kickback Scheme
- Se____e p____ing, au___on, re___g and storing g___s, and ca___ d____nts duties
- Ma____e of up___ed v__or l__t
- R___w and m___ch all su___t in di__nt v___rs
- Ro___y m___or pr__s p__d for g___s and s___s
- Monitor tr___s in the c__s of go__s and se__ed p___d
- Establish pr___e thresholds for material p___s
- Separate purchasing, authorization, receiving and storing goods, and cash disbursements duties
- Maintenance of updated vendor list
- Review and match all support in disbursement vouchers
- Routinely monitor prices paid for goods and services
- Monitor trends in the costs of goods and serviced purchased
- Establish price thresholds for material purchases
Preventing and Detecting Kickback Scheme (cont.)
- T___k p___se le__s by v__or
- Check q___y of g___ds delivered
- Compare a__l ex___es to bu___d a___ts
- Review or___on b___g pat__s
- “Ri___t-to-a__it” clause
- Establish wr__n p___s pr___g acceptance of gi___s or fa___s
- Track purchase levels by vendor
- Check quality of goods delivered
- Compare actual expenditures to budgeted amounts
- Review organization buying patterns
- “Right-to-audit” clause
- Establish written policies prohibiting acceptance of gifts or favors
Bid-Rigging Schemes
Any advantage, one vendor can 1) g__ over his competition, may be extremely 2) v___le.
The benefit of 3) “i___e in___e” can 4) en__e that a vendor will 5) w__ a s___ht-a__r c__ct. Many vendors are willing to 6) p__ s___ly for this influence
1) gain
2) valuable
3) “inside influence”
4) ensure
5) win a sought-after contract
6) pay significantly
Bid-Rigging Schemes
In the 1) co___ve bidding process, all bidders are 2) le__y supposed to be placed on a 3) “l___l p___g f__d,” bidding under the 4) s__e terms and conditions
1) competitive
2) legally
3) “level playing field”
4) same
Bid-Rigging Schemes
Categorized based on the stage in which fraudster exerts his influence:
o P__-so____on phase
o S____on phase
o Su___on phase
o Pre-solicitation phase
o Solicitation phase
o Submission phase
Pre-solicitation phase
In the pre-solicitation phase of the competitive bidding process—before bids are officially sought for a project—bribery schemes can be broken down into two distinct types.
1) N___ re___n scheme
2) Sp___n Schemes
1) Need recognition scheme
2) Specification Schemes
Pre-solicitation phase
Define Need Recognition Schemes
which an employee of a 1) pur___g company is p__d to co___e his company that a 2) par___r p___ct is ne___ry.
1) purchasing company is paid to convince
2) particular project is necessary.
Need Recognition Schemes
The typical fraud in the need recognition phase of the contract negotiation is a conspiracy between the 1) b__r and 2) co___or in which an employee of the buyer 3) re___s something of va__e and in r___n recognizes a “n__” for a particular p__t or s___ce.
The result of such a scheme is that the victim company 4) pu___s un___y g___s or s__es from a supplier at the direction of the corrupt employee.
1) buyer
2) contractor
3) receives something of value and in return recognizes a “need” for a particular product or service
4) purchases unnecessary goods or services
Pre-solicitation phase
Define Specifications Schemes
to have the 1) sp___ns of the 2) co__t tailored to the 3) st___s of a p___ar s__er.
1) specifications
2) contract tailored
3) strengths of a particular supplier.
Specifications Schemes
One corruption scheme that occurs in this process is the 1) fr____nt t___g of sp___ons to a pa__ar v__or aka “b__ t__ng”
In these cases, the vendor 2) p__s o__ an e___ee of the 3) b__r who is involved in the 4) pr___n of sp___ns for the co___t.
In return, the 5) e___e sets the specifications of the contract to acc____e that ve___r’s c___s.
1) fraudulent tailoring of specifications to a particular vendor aka “bid tailoring”
2) pays off an employee
3) buyer who is involved
4) preparation of specifications for the contract
5) employee sets the specifications of the contract to accommodate that vendor’s capabilities.
Specifications Schemes
The methods used to 1) re___t co____on in the bidding process may include the use of 2) “pr____on” procedures that are known to 3) el___e ce__n c___rs
1) restrict competition
2) “prequalification” procedures
3) eliminate certain competitors
Specifications Schemes
1) S__e-s__ce or no___e procurement justifications may also be used to 2) e____e co___on and steer 3) co___ to a pa___ar v___or.
1) Sole-source or noncompetitive procurement
2) eliminate competition
3) contracts to a particular vendor
Specifications Schemes
1) D___te w___ng of v___ue sp___ns.
In this type of scheme, a 2) su___r p___s an employee of the p___ng company to w__e sp___ns that will require a____nts at a l__r d__e.
This will allow the supplier to 3) r__e the p___e of the co___t when the a____ts are made.
1) Deliberate writing of vague specifications
2) supplier pays an employee of the purchasing company to write specifications that will require amendments at a later date
3) raise the price of the contract when the amendments
Specifications Schemes
Another form of specification fraud is 1) b__ sp___g
2) F___l l___ required co___ve bi___g on projects over a ce___n d__ar va___e
1) bid splitting
2) Federal law required competitive bidding on projects over a certain dollar value
Specifications Schemes
View specifications earlier than competitors
An 1) e___us and u___ir form of bid-rigging occurs when a vendor 2) p___s an employee of the 3) b___r for the 4) r__t to see the sp____ns e____r than other c___rs.
The employee 5) d___s n__ a__r the 6) s___ns to s_t the v__or, but instead simply gives him a 7) h__ s__t on pl__g his b__.
The 8) e___a p__g t__e gives the vendor an 9) ad___e over his competitors in preparing a bid for the job
1) egregious and unfair
2) pays
3) buyer
4) right to see the specifications earlier than other competitors
5) does not alter
6) specifications to suit the vendor
7) head start on planning his bid
8) extra planning time
9) advantage
The Solicitation Phase
In the solicitation phase of the competitive bidding process, fraudsters attempt to 1) in____e the s___on of a co___r by re____ng the p___l of co___rs from whom bids are sought
1) influence the selection of a contractor by restricting the pool of competitors from whom bids are sought
The Solicitation Phase
In other words, a 1) c___pt ve___r p___s an employee of the purchasing company to assure that o__e or m__ of the vendor’s competitors d__ n__ get to b__ on the c___ct.
In this manner, the corrupt vendor is able to 2) i__ve his cha___s of w___ng the job.
1) corrupt vendor pays an employee of the purchasing company to assure that one or more of the vendor’s competitors do not get to bid on the contract
2) improve his chances of winning the job.
What are the 3 types of solicitation phases
1) B__ P___g
2) Fi___s S__rs
3) Ot__r M___s
1) Bid Pooling
2) Fictitious Suppliers
3) Other Methods
Define Pooling
process by which 1) s__l bid___ conspire to 2) s__t up co__ts and en__e that each gets a 3) c__in a___nt of w___
1) several bidders
2) split up contracts and ensure
3) certain amount of work
Fictitious Suppliers
Another way to 1) e___te com___n in the solicitation phase of the selection process is to 2) so___t b__s from fic___s su___rs
1) eliminate competition
2) solicit bids from fictitious suppliers
Other Methods
Competition for a contract can be 1) li___d by s___ly 2) res___g the t__e for s___ting bi__
Bribed purchasing officials can also 3) re___ct c__on for their c__-co___ors by s___ng b___s in obscure publications where other vendors are unlikely to see them.
1) limited by severely
2) restricting the time for submitting bids
3) restrict competition for their co-conspirators by soliciting bids
The Submission Phase
In the actual submission phase of the process, where bids are 1) pr__d to the buyer, several schemes may be used to 2) w__ a c___ct for a pa___r su___er.
The 3) pri__al o__e tends to be 4) ab___ of the s___d-b__ process
1) proffered
2) win a contract for a particular supplier
3) principal offense
4) abuse of the sealed-bid
The Submission Phase
Vendors also 1) b__e em___es of the 2) pu___r for information on how to 3) pr__e their b__s.
1) bribe employees
2) purchaser for information 3) prepare their bids.
The Submission Phase
Other reasons to bribe employees of the purchaser include the following:
-to ensure acc__e of a la__ b__
-to f__y the b__ l__
-to ex___d the bi__ op__g da__
-to co__l bid o___ngs
-to ensure acceptance of a late bid
-to falsify the bid log
-to extend the bid opening date
-to control bid openings
Preventing and Detecting Bid-Rigging Schemes
- Mo__r pr__ tr__s
- Change o___rs or am___ts
- Very la__, u___d pr___e differences among bidders
- Qua___d bidders f__l to submit c___ct proposals
- Split l___e p___s into several sm__r jobs
- Monitor price trends
- Change orders or amendments
- Very large, unexplained price differences among bidders
- Qualified bidders fail to submit contract proposals
- Split large projects into several smaller jobs
Preventing and Detecting Bid-Rigging Schemes
- Pa__ns within bidding process
-L__ bidder a___s w__s
-Re___y wi__g by n___w mar___
-Predictable rotation of bid winners - Losing bidders appear as su___rs
- Bids from fic___us su__rs
- Patterns within bidding process
o Last bidder always wins
o Repeatedly winning by narrow margin
o Predictable rotation of bid winners - Losing bidders appear as subcontractors
- Bids from fictitious suppliers
Something of Value
There are several ways for a vendor to “pay” an employee to surreptitiously aid the
vendor’s cause
o M___y
o Sl___ funds
o “Co___g f__s” or “re__al com___ns”
o Promises of f__re e__ent
o Promise of part ow___ip
o L__r, m___s, fr__ tr___l, c__s, and se__l favors
o Transfer of p___ty
o Paying o__ corrupt employee’s l__s or bi__s
o Offering of lo__s on very fa___e te__s
o Money
o Slush funds
o “Consulting fees” or “referral commissions”
o Promises of future employment
o Promise of part ownership
o Liquor, meals, free travel, cars, and sexual favors
o Transfer of property
o Paying off corrupt employee’s loans or bills
o Offering of loans on very favorable terms
Module 3: Foreign Corrupt Practices Act (FCPA)
Foreign Corrupt Practices Act (FCPA)
According to the Department of Justice, “the Foreign Corrupt Practices Act of 0) 1__ was enacted for the purpose of making it 1) un__l for certain cl____s of p___ns and en___s to make p__nts to fo__n gov___nt of___ls to assist in obtaining or re__ng bu___s”
0) 1977
1) unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business”
Foreign Corrupt Practices Act (FCPA)
Specifically, the 1) a__i-b__y provisions of the FCPA 2) pr___t the willful use of the 3) m__s or any means of instrumentality of 4) in__te co__ce corruptly in furtherance of any
5) of___r, pa___nt, promise to p__, or a___ion of the payment of 6) m__y or an___ng of value to any pe__n
1) anti-bribery
2) prohibit
3) mails
4) interstate commerce
5) offer, payment, promise to pay, or authorization
6) money or anything of value to any person
Foreign Corrupt Practices Act (FCPA)
- In recent years, FCPA enforcement has been ri____s, using so___d in___tive tec___es such as industry-wide sweeps and undercover sting operations
- Penalties for vi___ns of the FCPA can be h___
- In recent years, FCPA enforcement has been rigorous, using sophisticated investigative
techniques such as industry-wide sweeps and undercover sting operations - Penalties for violations of the FCPA can be harsh
Reasons for the FCPA
- La___ of tr__y and a___ty, especially in developing na__
- Poor re___on of p___al contributions
- Low pu___c sector wages in many fo___n countries
- Weak en___nt of la___ and reg___ns by int___al governments
- Excessive di___ary a___ity of p__ic officials
- Lack of transparency and accountability, especially in developing nations
- Poor regulation of political contributions
- Low public sector wages in many foreign countries
- Weak enforcement of laws and regulations by international governments
- Excessive discretionary authority of public officials
Payments Covered by the FCPA
- C___h
- Ch___s and/or fi___al instrument
- G__s, tr___l, and en____ent
- Hidden o___hip interests
- Lo__
- Cr__t c___d bills
- Tr___s at less than fair market value
- Em___nt
- Be___ts—health care, college
tuition - Cre___s and reduced pr___s
- Cha___e support for
organizations associated with the official
- Cash
- Checks and/or financial instrument
- Gifts, travel, and entertainment
- Hidden ownership interests
- Loans
- Credit card bills
- Transfers at less than fair market value
- Employment
- Benefits—health care, college
tuition - Credits and reduced prices
- Charitable support for
organizations associated with the official
Facilitating Payments
In general, the 1) F__ d___s n__ apply to a 2) pa___nt made to a 3) fo___n of___l, p___al pa___y, or party of___l for the 4) pu___se of e____g or f___ng the performance of a routine gov____l action
1) FCPA does not apply
2) payment
3) foreign official, political party, or party official
4) purpose of expediting or facilitating the performance of a routine governmental action
Facilitating Payments
Expenditures paid to expedite the following, generally, are not FCPA violations:
-Obtaining pe___s, li____s, or other official d___nts to qualify a pe___n to do b___ss in a fo___n country (i.e., work v___)
-Pr___ng p___rs—visas, work orders
-Providing p___e pr__n, m__l pi__ u__/de___y, ins____ns
-Obtaining permits, licenses, or other official documents to qualify a person to do business in a foreign country (i.e., work visa)
-Processing papers—visas, work orders
-Providing police protection, mail pick up/delivery, inspections
UK Bribery Act
When the UK Bribery Act passed?
2010
UK Bribery Act
It’s similar to ___
FCPA
UK Bribery Act
- Apply to br___y of p___c of___ls, as well as those in the pr____e sector
- The UK Act also provides for ju___n over an ind___l conducting bu___ss in the United Kingdom, regardless of where the underlying act occurs
- No e____n for facilitating p___nts
- Apply to bribery of public officials, as well as those in the private sector
- The UK Act also provides for jurisdiction over an individual conducting business in the United Kingdom, regardless of where the underlying act occurs
- No exception for facilitating payments
Red Flags Associated with Possible FCPA Violations
- Decentralized management control (in-country)
- Substantial payments to agents, consultants, or others for unspecified services
- Payments to offshore bank accounts, in cash or by wire transfer
- Unduly complex legal or banking structure
- Unusual payments for commissions, loans, temporary employees and directors’ fees
- Payments and wire transfers without chain of command approval
- Payments to agents with unusual addresses
- Payments in round dollar amounts
- Unusually low or high profit margins on projects
- Undocumented business entertainment expenses
Risk Assessment and Detection Approaches
- Inte___g em___es
- Conducting co__er fo___cs
- Searching pu___c r___ds
- Te___g tr__ns with a focus on h__h-r___k ac__ts—ma__ng,
tr__ng, __l, con__g - Au___g transactions to ensure p___er do___on for dis___ts
- Reviewing co__ts, including compliance with F___
- Interviewing employees
- Conducting computer forensics
- Searching public records
- Testing transactions with a focus on high-risk accounts—marketing,
training, legal, consulting - Auditing transactions to ensure proper documentation for disbursements
- Reviewing contracts, including compliance with F CPA
Antifraud Efforts Associated with Deterring and Preventing FCPA Violations
- Implement a code of conduct
- Monitor “tone at the top”
- Establish anticorruption policies and procedures
- Maintain due diligence for agents and other business partners
- Perform FCPA risk assessment
- Conduct annual reviews of F CPA compliance
- Establish senior management oversight and F CPA compliance reporting
- Develop FCPA anticorruption controls Institute F CPA training
- Provide on-going legal advice and guidance
- Impose appropriate discipline for violators
- Develop contractual compliance terms and conditions
Module 4: Illegal Gratuities, Economic Extortion, and Conflicts of
Interest
Illegal gratuities
o Similar to br___y schemes
o There is n___ necessarily in____t to in___e a p__ar bu___ss de___n
o Usually given as a “re__” AF____ a de___n has been m___e
o Similar to bribery schemes
o There is not necessarily intent to influence a particular business decision
o Usually given as a “reward” AFTER a decision has been made
Economic Extortion
Economic extortion is basically the 1) f___ s__e of a bribery scheme.
Instead of a vendor 1.1) of___g a payment to an 2) em____e to influence a decision, the employee 3) de___ds a pa___t from a vendor in order to make a 4) d___n in that 5) v___r’s favor
1) flip side
1.1) offering a payment
2) employee to influence a decision
3) demands a payment
4) decision
5) vendor’s favor
Economic Extortion
Economic extortion is common in b___ l___
bank loans
Conflict of Interest
-Employee 1) m__t have 2) e__t in___t in the v___or that 3) su___s the in___e
-Any bribery scheme could 4) po__y be co___d a conflict of interest
1) must
2) employment interest in the vendor
3) submits the invoice
4) potentially be considered a conflict of interest
Majority of conflict schemes fit into two categories:
o Pu___g schemes
o S__ schemes
o Purchasing schemes
o Sales schemes
Purchasing Schemes
The 1) ma___y of conflict schemes are 2) pu___ng schemes, and the most common of these is the 3) ov___g sc__e
1) majority
2) purchasing
3) overbilling scheme
Purchasing Schemes
For the scheme to be classified as a conflict of interest, the 1) em___e (or a f__d or re___e of the em___e) 2) m___t have some ow___p or employment int____t in the vendor that su___ts the in___e
1) employee (or a friend or relative of the employee)
2) must have some ownership or employment interest in the vendor that submits the invoice
Purchasing Schemes
The mechanics of 1) bi___ scheme, c__t or fr__t dis__nt, 2) d__ n_ ch___e
1) billing scheme, conflict or fraudulent disbursement
2) do not change
Purchasing Schemes
Fraudsters also engage in 1) b__ ri___g on behalf of th___ o___ co__s
o If the bill 2) o___s from a 3) r__ co___ny in which the fraudster has an 4) e___ic or personal interest, and if the fraudster’s interest in the company is 5) u___d to the victim company, then the scheme is a 6) c__t of i___st
1) bid rigging on behalf of their own companies
2) originates
3) real company
4) economic or personal interest
5) undisclosed
6) conflict of interest
Purchasing Schemes
1) N__ a__ conflict schemes occur in the 2) t___al v__r–b___r re__ip.
Some cases involve employees negotiating for the purchase of some unique, typically large, asset such as land or a building in which the employee had an undisclosed interest.
1) Not all conflict schemes
2) traditional vendor–buyer relationship.
Purchasing Schemes
A 1) s___l k___ of purchasing scheme is called the 2) tu___d s___ or f___
1) special kind
2) turnaround sale or flip
Define Turnaround Sales
In this type of scheme, an employee 1) k___s his e___er is seeking to 2) pu___e a c___n a___t and takes 3) ad___e of the situation by 4) p___g the as___ h__f (usually in the n___e of an ac___e or s___l company).
The fraudster then 5) t__ns ar___d and resells the item to the 6) em__r at an 7) in__d p__e
1) knows his employer is seeking
2) purchase a certain asset
3) advantage
4) purchasing the asset himself (usually in the name of an accomplice or shell company).
5) turns around and resells
6) employe
7) inflated price
Sales Schemes
Generally, fraudsters perpetrate two principal types of conflict schemes associated with the victim company’s sales
- Underbillings - u___g of g___s and s__s (most h___l)
- Writing-Off Sales - involves ta____g with the b___s of the vi___ co___y to de__e or wr__ o__ the amount o___d by an em__e’s b___s
- Underbillings - underselling of goods and services (most harmful)
- Writing-Off Sales - involves tampering with the books of the victim company to decrease or write off the amount owed by an employee’s business
Sales Schemes
Under billings
-Sell 1) g__s or s___s be__ fa___ m__t v__e to vendor with a 2) h___n i___st
-Diminished 3) p__t m__
1) goods or services below fair market value to vendor with a 2) hidden interest
3) profit margin
Sales Schemes
Writing-Off Sales
-Ta___ with vi__im company’s bo___to wr___e o__ a___t o__d by an employee’s business
-De___ bi___-
-Tamper with victim company’s books to write off amount owed by an employee’s business
-Delay billing
Other Conflict of Interest Schemes
Business diversions
-Si___n e___r’s cl__s for o__n bus___
-St___ p___al cl_ts a__y from em____
-Siphon employer’s clients for own business
-Steer potential clients away from employer
Other Conflict of Interest Schemes
Resource diversions
o Divert funds of their employers to the development of their own business
Other Conflict of Interest Schemes
Financial disclosures
o Ma_____t o____n to di__e fr___ committed by employees in positions of tr___
o Ina___e di__re can be among the m__ se__s of fr_s
o Management obligation to disclose fraud committed by employees in positions of
trust
o Inadequate disclosure can be among the most serious of frauds
Preventing and Detecting Conflicts of Interest
- Specifically a___ss co__ct of in___t i___s in company e___s policy
- A___l fi___al di__e st___nt
- Co____n with employees regarding their other business int___
- Establish a___us re__g me___m to receive t__s and co___
- Pe____y run c____ns between ve__r and e___e ad__s and ph__ nu____
- Specifically address conflict of interest illegalities in company ethics policy
- Annual financial disclosure statement
- Communication with employees regarding their other business interests
- Establish anonymous reporting mechanism to receive tips and complaints
- Periodically run comparisons between vendor and employee addresses and phone numbers
Big Data and Data Analytic Techniques for Detecting
Corruption
- Stratify vendor payments by approval limits, especially directly under (i.e., 5%)
the approval limit - Stratify inventory actual to standard price
- Identify trends in obsolete inventory over two or more periods
- Age inventory by the date of last part issuance
- Calculate number of months of inventory that is on hand (on a part-by-part
basis) and extract those with high number of months - Extract all parts greater than zero in cost that have had no usage in the current
year - Identify inventory price greater than retail price (if inventory is for sale)
Big Data and Data Analytic Techniques for Detecting
Corruption (cont.)
- Identify inventory receipts per inventory item that exceed the economic order quantity or maximum for that item
- Identify duplicate payments based on various means that would be made with intent by the employee and accepted with intent by the vendor
- Calculate the ratio of the largest purchase to the next-largest purchase by
vendor - Calculate the annualized unit price changes in purchase orders for the same product in the same year
- List all vendors who had multiple invoices immediately below an approval
limit, highlighting a circumvention of the established control
Big Data and Data Analytic Techniques for Detecting
Corruption (cont.)
- Extract round-dollar payments and summarize by vendor
- Review payments with little or no sequence between invoice numbers
- List payments to any vendor that exceed the twelve-month average payments to that vendor by a specified percentage
- List payments to any vendor that exceed the twelve-month average payments to any vendor within the purchase category by a specified
percentage - Summarize invoice payment general ledger activity by type of purchase
and identify areas with fewer than three vendors
Big Data and Data Analytic Techniques for Detecting
Corruption (cont.)
- Calculate the average payment by general ledger activity type and review
for payments made that exceed that average by a large percentage - Summarize by vendor the number of inferior goods based on number of
returns - Identify delivery of inventory to employee address by joining employee
address to shipment address file - Identify delivery of inventory to address that is not designated as a
business address - Match the vendor master file to the employee master file on various key fields
Big Data and Data Analytic Techniques for Detecting
Corruption
- Identify vendor address that is not designated as a business address
- Review Internet resources, online newspaper archives, background check,
and commercial credit databases for related parties of employees
Module 5: The Human Factor