Professional Documents
Culture Documents
Slide Number
Major Topics/Concepts
Employee Fraud
79133
Categories
Financial Statement Fraud Defined
Methods
1357
Prevention of Financial
Statement Fraud
Profile of Employees
Who Commit Fraud
512
134141
5878
General Responsibilities
Sarbanes-Oxley Act Duties
Corporate Responsibility
Independent Auditor
Impact
The Associated Costs
The Ways Fraud Is Committed
Reduce Pressures
Reduce the Opportunity
Reduce Rationalizations
Define the CPAs general duties relating to fraud as defined by SAS No. 99, Sarbanes-Oxley,
Private Securities Litigation reform Act, etc.
Define the major categories of employee fraud, the impact, and how they are committed.
2.
3.
1"Report
1.
2.
3.
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
on Fraudulent Financial Reporting: Fraudulent Financial Reporting: 1998-2007 An Analysis of U.S. Public Companies (2010)." The website of the Committee of
Sponsoring Organizations of the Treadway Commission. http://www.coso.org/FraudReport.htm.
2"Guidance
1"Report
5.
6.
7.
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
b.
c.
d.
e.
f.
These six groupings accounted for just over 80% of all reported fraud cases in this
most recent ACFE report.1
1"Report
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
10
2.
1"Report
Misappropriations of assets.
b.
c.
Corruption.
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
11
on Fraudulent Financial Reporting: Fraudulent Financial Reporting: 1998-2007 An Analysis of U.S. Public Companies (2010)." The website of the Committee of
Sponsoring Organizations of the Treadway Commission. http://www.coso.org/FraudReport.htm.
2"Guidance
12
13
Sarbanes-Oxley (2002).
2.
3.
14
Duty of Care
Officers and directors occupy a fiduciary relationship with the
corporation. Directors and officers are required to act in good
faith and with due care. Legally, they are required to exercise
"that degree of care usually expected of a reasonably prudent
and diligent person under similar circumstances."
15
Duty of Loyalty
Directors and officers must act in the best interest of the
corporation and should refrain from self-dealing.
EXAMPLE
16
2.
b.
c.
17
b.
c.
d.
18
5.
b.
19
Sec. 301
20
10
ntinued)
The report fairly presents, in all material respects, the operations and
financial condition.
Sec. 304
CEOs and CFOs must reimburse their companies for any bonuses, incentivebased or equity-based compensation, and any profits realized from the sale of
securities of the issuer during the one-year period following an accounting
restatement due to material non-compliance.
Sec. 306
21
Sec. 307
22
11
b.
23
d.
e.
24
12
3.
b.
b.
25
5.
b.
c.
26
13
7.
27
1"Report
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
28
14
b.
c.
29
2.
3.
30
15
Characteristics
Fraud risk can be evaluated by considering incentives,
pressures, opportunity, attitude and rationalization.
b.
2)
Management.
3)
Internal controls.
4)
Ethical values.
31
2)
3)
4)
5)
32
16
e.
1)
33
2.
3.
34
17
I.
35
2.
3.
4.
36
18
6.
7.
8.
9.
37
2.
b.
c.
d.
e.
Inventory adjustments.
38
19
b.
39
d.
Material Misstatement
Materiality defines the threshold for testing.
40
20
Audit Risk
1.
a.
b.
41
AR
=
Audit Risk
(should be low)
b.
Risk of Material
Misstatement
(assessed by auditor)
DR
Detection Risk
(controlled by auditor)
42
21
2)
43
2)
44
22
2)
3)
45
While the auditor generally cannot change the risk of material misstatement, the
auditor can change his or her assessment of the risk as the audit progresses.
If the auditor determines that the risk assessment is no longer low, then a
decision is needed regarding expanding the audit scope and procedures in
order to address this heightened risk of material misstatement.
46
23
2)
3)
4)
47
48
24
b.
49
3.
50
25
51
Categories of Assertions
Assertions used by the auditor fall into three categories:
a.
2)
3)
4)
5)
52
26
Account Balances
1)
2)
3)
4)
53
2)
3)
4)
54
27
55
b.
c.
The term illegal act is defined to mean any act or omission "that violates any law, rule, or
regulation having the force of law."
2011 DeVry/Becker Educational Development Corp. All rights reserved.
56
28
2)
b.
2)
57
58
29
3"The
59
3"The
1.
Pressures/Incentives.
2.
Perceived Opportunity.
3.
Rationalizations/Attitudes.3
60
30
a.
2.
3"The
b.
61
3"The
b.
c.
d.
Sense of isolation.
e.
f.
62
31
2.
The violator not only has to be able to steal assets, they need
to be able to do so and believe that they will not be caught or
the fraud itself will not be detected.
KEY POINT
This component of the Fraud Triangle identifies why internal controls are
important in fighting employee fraud. When companies establish strong internal
controls and actively communicates their intention to look out for fraud, it
removes this leg of the triangle and possibly prevents employees from stealing
from the company.3
3"The
63
3"The
Common Rationalizations
a.
b.
c.
d.
e.
64
32
3"The
1.
2.
b.
c.
65
3"The
When all three factors are present it is more likely that fraud
may occur.
2.
3.
66
33
3"The
1.
The Opportunity
The threat of punishment is a non-factor with a violator
because they never expect to get caught.
2.
The Rationalization
They do not view their actions as conduct that is or should be
punishable.
3.
The Pressures/Incentives
a.
b.
c.
67
3"The
1.
2.
3.
68
34
4"The
69
70
35
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
71
ACFE Report
Time Period
Completed investigations
between January 2008 and
preparation of survey report
Criteria for
Inclusion
Study Objective
Data Source
Data Included
72
36
73
on Fraudulent Financial Reporting: Fraudulent Financial Reporting: 1998-2007 An Analysis of U.S. Public Companies (2010)." The website of the Committee of
Sponsoring Organizations of the Treadway Commission. http://www.coso.org/FraudReport.htm.
2"Guidance
74
37
2.
1"Report
a.
Employee: 42.1%
b.
Manager: 41.0%
c.
Owner/Executive: 16.9%
Gender
a.
Male: 66.7%
b.
Female: 33.3%1
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
75
4.
1"Report
Age in Ranges
a.
36 to 40: 19.3%
b.
41 to 45: 19.3%
c.
31 to 35: 16.1%
d.
46 to 50: 13.7%
e.
26 to 30: 9.6%
f.
51 to 55: 9.4%
Tenure of Perpetrator
a.
1 to 5 years: 45.7%
b.
c.
6 to 10 years: 23.2%1
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
76
38
6.
7.
1"Report
Education of Perpetrator
a.
b.
c.
d.
b.
c.
d.
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
77
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
78
39
79
Employee Fraud
IV. Employee Fraud
A. Categories per ACFE Report
1.
2.
1"Report
b.
c.
Illegal Gratuities.
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
80
40
Employee Fraud
3.
1"Report
a.
b.
b.
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
81
Employee Fraud
KEY POINT
Of the three types of employee fraud identified in the ACFE report, this course
will focus on Financial Statement Fraud.
While this type of fraud occurs least often, it is the most costly. The ACFE 2010
report pegged the median cost of financial statement fraud at $1.7 million, down
from $2.0 million in their 2008 report. The COSO study, however, indicated a
mean of $25 million in their 2010 report. The COSO study did recognize that the
infamous frauds of the early 2000's could have skewed this average, but
concluded that the magnitude of the fraud problem has increased in this early
part of the 21st century compared to what occurred in the prior decade of the last
century.1
1"Report
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
82
41
Employee Fraud
B. Financial Statement Fraud Defined
Financial statement fraud is the deliberate misrepresentation of the
financial condition of an enterprise accomplished through the
intentional misstatement or omission of amounts or disclosures in
the financial statements to deceive financial statement users.
Financial statement fraud occurs least frequently, but its dollar cost
is highest.
1. Typical Method
Financial statement fraud will involve:
a. Overstating assets, revenues, and profits.
b. Understating liabilities, expenses, and losses.
2. Atypical Method
The overall objective of the misrepresentation may
occasionally require the opposite action (e.g., concealing overbudget results in a good year in order to have "cushions" for
the next year that is expected to be more competitive).
2011 DeVry/Becker Educational Development Corp. All rights reserved.
83
Employee Fraud
C. The Impact of Financial Statement Fraud
1.
2.
b.
84
42
Employee Fraud
D. The CPA: Impact of Financial Statement Fraud
Potential consequences include:
1.
2.
3.
A felony conviction.
4.
5.
6.
7.
8.
9.
85
Employee Fraud
E. The Financial Statement Fraud Culprits
There are two main groups who commit financial statement fraud.
1.
2.
Senior management.
2.
3.
4.
5.
6.
86
43
Employee Fraud
G. Methods of Financial Statement Fraud
Perpetrators may use a variety of techniques to misstate financial
statements, but the most common involve improper revenue
recognition, overstatement of assets, and understating
expenses/liabilities.
1.
b.
c.
Other: 2%.2
on Fraudulent Financial Reporting: Fraudulent Financial Reporting: 1998-2007 An Analysis of U.S. Public Companies (2010)." The website of the Committee of
Sponsoring Organizations of the Treadway Commission. http://www.coso.org/FraudReport.htm.
2"Guidance
87
Employee Fraud
2.
b.
3.
4.
These percentages cited for the methods used in both the gross categories and
the sub-groupings will not total to 100% as they reflect the incidence of multiple
fraud techniques used by the fraud perpetrators.
on Fraudulent Financial Reporting: Fraudulent Financial Reporting: 1998-2007 An Analysis of U.S. Public Companies (2010)." The website of the Committee of
Sponsoring Organizations of the Treadway Commission. http://www.coso.org/FraudReport.htm.
2"Guidance
88
44
Employee Fraud
EXAMPLE
Techniques for Misstating Revenues
Sham Sales
Conditional Sales
Recording Loans as
Sales ('Roundtripping')
Premature Revenue
Recording
89
Employee Fraud
EXAMPLE
(continued)
Improper Use of
Percentage of Completion
Unauthorized Shipments
Consignment Sales
90
45
Employee Fraud
H. Financial Statement Fraud: Groupings of Techniques Used
The previous table highlights various schemes used to misstate
revenues. These and other fraud schemes can be categorized into
three major groupings. Each scheme presents its own challenge to
the auditor reviewing the financial statements.
1.
b.
c.
d.
91
Employee Fraud
2.
b.
c.
d.
e.
92
46
Employee Fraud
3.
4.
Auditing Tips
a.
93
Employee Fraud
KEY POINT
94
47
Employee Fraud
KEY POINT
In order to satisfy the provision for persuasive evidence of an arrangement, the
documentation for the arrangement must contain all the final terms and conditions
between the parties and conform to customary business practices.
Incorporation by reference of other signed agreements is acceptable. A signed
general purpose agreement followed by complying purchase orders is acceptable.
Bifurcation of one contract into two contracts may create issues.
All terms and conditions of the arrangement must be finalized.
All the documentation must be signed by both parties prior to any revenue
recognition. Without the customer's signature the agreement is not an enforceable
claim on the customer, even if the product has been delivered.
Without seller's signature, the agreement is only an offer by seller to license and/or
sell the product or service. The risks and rewards of ownership must pass from
seller to buyer. A consignment arrangement or demonstration product does not
qualify.
2011 DeVry/Becker Educational Development Corp. All rights reserved.
95
Employee Fraud
I.
1.
2.
Fictitious Revenues.
b.
Timing Differences.
c.
d.
e.
Improper Disclosures.
96
48
Employee Fraud
3.
Fictitious Revenues
Fictitious sales typically involve fake or non-existent
customers. However, it could involve actual customers.
a.
2)
97
Employee Fraud
b.
1)
2)
3)
4)
5)
6)
98
49
Employee Fraud
4.
Timing Differences
Financial statement fraud often involves timing differences,
such as the recording of revenue and/or expenses in improper
periods. This is done to move revenues or expenses from one
period to the next, thereby increasing or decreasing earnings.
a.
2)
3)
4)
99
Employee Fraud
b.
Long-term Contracts
Managers can "play with" the percentage of completion
and the estimated costs to complete a construction project,
hence, the company will recognize revenues prematurely
and cover-up contract cost overruns.
c.
d.
100
50
Employee Fraud
KEY POINT
The negative consequence is that by "robbing" from the next period's sales, it is
more difficult to achieve sales goals in the following period, leading to
increasingly aggressive levels of channel stuffing and ultimately a restatement.
Issues include unrecorded side agreements that grant a right of return,
effectively making the sales into consignment sales. Greater risk of returns for
certain products occur if they cannot be sold before their shelf life expires.
101
Employee Fraud
e.
2)
3)
4)
5)
6)
102
51
Employee Fraud
5.
103
Employee Fraud
a.
Inventory Valuation
Inventory must be valued at cost except when the cost is
higher than the current market value, inventory should be
written down to its current value which is lower.
1)
Method of Manipulation
a) Physical inventory counts can be manipulated.
b) Unit costs used to price out inventory can be
manipulated.
c)
104
52
Employee Fraud
e) A co-conspirator represents they are to be holding
inventory for the company.
f)
j)
105
Employee Fraud
b.
Accounts Receivable
The two most common fraud methods involving accounts
receivable are fictitious receivables and failure to write off
accounts receivable as bad debts.
1)
Accounts Rec.
Sales
$XXX
$XXX
106
53
Employee Fraud
a)
b)
107
Employee Fraud
c.
Business Consolidations
Violators may attempt to misappropriate the purchase price.
Violators may create excessive reserves for various expenses
at the time of acquisition, planning to utilize those "cookie jars"
as sources of earnings at a future date.
d.
Fixed Assets
Fixed assets can be fictitiously created by a variety of
schemes. They are subject to misstatement through many
different fraudulent methods:
1)
a)
b)
108
54
Employee Fraud
2)
3)
109
Employee Fraud
4)
5)
Misclassifying Assets
Due to budget requirements, among other reasons,
assets are misclassified into general ledger accounts
which are improper. The manipulation affects
financial ratios and conceals non-compliance with loan
covenants or other borrowing requirements.
110
55
Employee Fraud
6)
Warning Signs
a) Recurring negative cash flows from operations
while reporting earnings and earnings growth.
b) Significant declines in customer demand and
increasing business failures in either the industry
or overall economy.
c)
111
Employee Fraud
e) Unusual spike in gross margin or margin in
excess of industry standards.
f)
j)
112
56
Employee Fraud
6.
Liability/Expense Omissions
Under this method of understating liabilities/expenses, the
violator fails to record them.
1) Debit memos can be created for chargebacks to
vendors, for claim permitted rebates, or allowances, or
simply to create additional income.
113
Employee Fraud
KEY POINT
Because they are easy to conceal, understated liabilities are often the most
difficult to uncover. A detailed review of all post-financial-statement-date
transactions can aid in the discovery of omitted liabilities. Furthermore, the
auditor should carefully review the client's files, a physical search may uncover
concealed invoices and un-posted liabilities.
Wrong-doers often plan to make up for their omitted liabilities with expectations
of other income sources such as profits from future price increases.
114
57
Employee Fraud
V O U C H
Testing for Existence
Testing for Support
ouch
Financial Statements
Trial Balance
General Ledger
Subsidiary Ledger
Books of Original Entry
Source of Documents
Execution of Event
Transaction Approved
race
T R A C E
Testing for Completeness
Testing for Coverage
115
Employee Fraud
b.
Capitalized Expenses
Capitalizing expenses will result in an increase to income
and assets since capitalized items are depreciated over a
period of years rather than expensed in the current period.
1)
116
58
Employee Fraud
c.
d.
1)
2)
117
Employee Fraud
3)
4)
5)
6)
7)
118
59
Employee Fraud
7.
Improper Disclosures
Improper disclosures associated with financial statement fraud
will typically involve the following: Liability Omissions,
Subsequent Events, Management Fraud, Related-Party
Transactions, and Accounting Changes.
a.
Liability Omissions
Omissions include the failure to disclose loan covenants or
contingent liabilities. These agreements usually contain
various types of covenants including certain financial ratio
limits and restrictions.
b.
Subsequent Events
Violators will fail to disclose court judgments and
regulatory decisions that adversely effect the reported
values of assets, that indicate unrecorded liabilities, or that
negatively reflect upon management.
119
Employee Fraud
c.
Management Fraud
Management has the responsibility to disclose to the
shareholders significant fraud committed by officers,
executives, and others in positions of trust. Failure to
disclose such information from auditors would involve lying
to auditors, an illegal act in itself.
d.
Related-Party Transactions
There is nothing inherently wrong with related-party
transactions. However, they must be fully disclosed.
120
60
Employee Fraud
e.
f.
Accounting Changes
Violators will fail to restate financial statements or disclose the
cumulative effect of a change in accounting principle made,
simply to improve earnings. They will fail to disclose
significant changes in estimates such as:
1)
2)
Estimates of warranty.
3)
2)
121
Employee Fraud
3)
4)
5)
6)
122
61
Employee Fraud
7)
8)
9)
123
Employee Fraud
J.
Physical Delivery
Occurs upon the transfer of a disk or tape containing the
software, accompanied by documentation, to a customer (not
to an intermediary site or a fulfillment house.)
a.
b.
c.
124
62
Employee Fraud
2.
Electronic Delivery
Occurs when the customer takes possession of the software
via a download or is provided with access to the software via a
code ("key").
a.
3.
4.
Software Duplication
Considered incidental to meeting the delivery criteria.
a.
b.
125
Employee Fraud
5.
6.
126
63
Employee Fraud
8.
9.
Substantial Completion
a.
b.
c.
127
Employee Fraud
b.
2)
2)
b.
Separately stated prices in the contract does not meet the VSOE
requirement.
c.
128
64
Employee Fraud
11. Vendor-specific Objective Evidence of Fair Value
a.
b.
129
Employee Fraud
12. The seller's price to the buyer is fixed or determinable.
a.
b.
c.
1)
2)
130
65
Employee Fraud
d.
e.
Revenue Recognition
If it is determined that the contract price is not fixed or
determinable, revenue is recognized as non-refundable,
contractual payments become due.
131
Employee Fraud
13. Collectability Is Not Reasonably Assured
a.
b.
c.
2)
132
66
Employee Fraud
d.
e.
f.
133
134
67
135
2.
3.
4.
5.
6.
7.
136
68
2.
3.
4.
5.
6.
7.
137
2.
3.
4.
5.
6.
7.
138
69
1"Report
to the Nations on Occupational Fraud and Abuse." ACFE. 2010. http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
139
% of Cases
Implemented
Control
in Place
Control Absent
% Reduction
Hotline
48.6%
$100,000
$245,000
59.2%
Employee Support
Programs
44.8%
$100,000
$244,000
59.0%
Surprise Audits
28.9%
$ 97,000
$200,000
51.5%
39.6%
$100,000
$200,000
50.0%
41.5%
$100,000
$200,000
50.0%
Job Rotation/
Mandatory Vacation
14.6%
$100,000
$188,000
46.8%
Code-of-Conduct
69.9%
$140,000
$262,000
46.6%
Anti-Fraud Policy
39.0%
$140,000
$200,000
40.0%
Management Review
53.3%
$120,000
$200,000
40.0%
External Audit of
ICOFR
59.3%
$140,000
$215,000
34.9%
140
70
on Fraudulent Financial Reporting: Fraudulent Financial Reporting: 1998-2007 An Analysis of U.S. Public Companies (2010)." The website of the Committee of
Sponsoring Organizations of the Treadway Commission. http://www.coso.org/FraudReport.htm.
2"Guidance
141
142
71
Resources
"Report to the Nations on Occupational Fraud and Abuse." ACFE. 2010.
http://www.acfe.com/rttn/2010-rttn.asp. Accessed July 2011.
"Guidance on Fraudulent Financial Reporting: Fraudulent Financial Reporting: 19982007 An Analysis of U.S. Public Companies (2010)." The website of the
Committee of Sponsoring Organizations of the Treadway Commission.
http://www.coso.org/FraudReport.htm. Accessed July 2011.
"Sarbanes-Oxley Act of 2002." http://www.gpo.gov/fdsys/pkg/PLAW107publ204/pdf/PLAW-107publ204.pdf. Accessed July 2011.
"The Small Business Fraud Prevention Manual." ACFE. 2008.
http://www.acfe.com/documents/small-business-fraud-2008-excerpt.pdf.
Accessed July 2011.
"The Small Business Fraud Prevention Manual." ACFE. 2010.
http://www.acfe.com/documents/small-business-fraud-2010-toc.pdf. Accessed
July 2011.
"Home page." The website of the Committee of Sponsoring Organizations of the
Treadway Commission. http://www.coso.org/. Accessed July 2011.
2011 DeVry/Becker Educational Development Corp. All rights reserved.
143
Thank You!
144
72