Chapter 3 Ethics Fraud and Internal Control 2
Chapter 3 Ethics Fraud and Internal Control 2
the CEO, CFO and controller. If a company does • Employee fraud is the performance fraud by
not have a code, it must explain why. non-management employee generally designed
to directly convert cash or other assets to the
Section 406—Code of Ethics for Senior Financial employee’s personal benefit.
Officers • Management fraud is the performance fraud
• CONFLICTS OF INTEREST - Procedures for that often uses deceptive practices to inflate
dealing with conflicts of interest (not necessarily earnings or to forestall the recognition of either
preventing, provide trainings) insolvency or a decline in earnings. It does not
• FULL AND FAIR DISCLOSURES - To ensure involve direct theft and is more harmful as it
candid, open, truthful disclosures (not complex usually involves material misstatements of
and misleading accounting techniques) financial data.
• LEGAL COMPLIANCE - Requiring employees to o Perpetrated at levels of management
follow applicable laws, rules and regulations. above internal control structures.
• INTERNAL REPORTING OF CODE o Frequently involves exaggerated financial
VIOLATIONS - A mechanism to permit prompt statement results.
internal reporting of ethical violations (whistle o Misappropriation of assets often
blowers) shrouded in complex transactions
• ACCOUNTABILITY - Taking appropriate actions involving related third parties.
when code violations occur (audit committee in-
charge). THE FRAUD TRIANGLE
• The fraud triangle is a triad of factors
Fraud and Accountants associated with management and employee
• The passage of SOX has had a tremendous fraud:
impact on the external auditor’s responsibilities o situational pressure (includes personal or
for fraud detection during a financial audit. job-related stresses that could coerce an
• The Statement on Auditing Standards (SAS) individual to act dishonestly);
No. 99 is the current authoritative document that o opportunity (involves direct access to
defines fraud as an intentional act that results in assets and/ or access to information that
a material misstatement in financial statements. controls assets); and
• The objective of SAS 99 is to seamlessly blend the o ethics (pertains to one’s character and
auditor’s consideration of fraud into all phases of degree of moral opposition to acts of
the audit process. dishonesty).
DEFINITIONS OF FRAUD
• Fraud is the false representation of a material
fact made by one party to another party, with the
intent to deceive and induce the other party to
justifiably rely on the material fact to his or her
detriment.
• Act must meet five conditions:
o False representation: false statement
or disclosure.
o Material fact: fact must be substantial
factor in inducing someone to act.
o Intent to deceive: must exist or
knowledge that statement is false.
o Justifiable reliance:
misrepresentation must have been a
substantial factor relied on.
o Injury or loss: must have been
sustained by the victim.
• Fraud in business has a more specialized FINANCIAL LOSSES FROM FRAUD
meaning: • A recent study suggests fraud losses equal 5% of
o Intentional deception, asset revenue.
misappropriation or financial data • The actual cost of fraud is, however, difficult to
manipulation to the advantage of the quantify for a number of reasons:
perpetrator. o Not all fraud is detected.
o White collar crime, defalcation, o Of that detected, not all is reported.
embezzlement and irregularities. o In many fraud cases, incomplete
information is gathered.
Distribution of Losses
• Lack of Director Independence: Many board of o most common fraud schemes involve
directors are comprised of directors who are not some type of asset misappropriation
independent. (almost 90% according to ACFE study).
• Questionable Executive Compensation Schemes: • Skimming involves skimming cash from an
Stock options as compensation result in strategies organization before it is recorded on the
aimed at driving up stock prices at the expense organization’s books and records.
of the firm’s long-term health. o Another example is mail room fraud,
o In extreme cases financial statement in which an employee opening the mail
misrepresentation has been used to steals a customer’s check and destroys
achieve stock prices needed to exercise the associated remittance advice.
options • Cash larceny is theft of cash receipts from an
• Inappropriate Accounting Practices: Common organization after those receipts have been
characteristic to many financial statement fraud recorded in the organization’s books and records.
schemes. o Lapping is the use of customer checks,
• SOX establishes a framework for oversight and received in payment of their accounts, to
regulation of public companies. Principal reforms conceal cash previously stolen by an
pertain to: employee.
o Creation of the Public Company • Billing schemes, also known as vendor fraud,
Accounting Oversight Board are schemes under which an employee causes
(PCAOB) to set standards, inspect firms, the employer to issue a payment to a false
conduct investigations and take regulator supplier or vendor by submitting invoices for
actions. fictitious goods/services, inflated invoices, or
o Auditor independence: More separation invoices for personal purchases.
between a firm’s attestation and non- o A shell company is establishing a false
auditing activities. vendor on the company’s books, and
o Corporate governance and responsibility: then making false purchase orders,
Audit committee members must be receiving reports, and invoices in the
independent and committee must hire name of the vendor and submitting them
and oversee the external auditors. to the accounting system, creating the
o Issuer and management disclosure: illusion of a legitimate transaction. The
Increased requirements. system ultimately issues a check to the
o Fraud and criminal penalties: New false vendor.
penalties for destroying or tampering o A pass-through fraud is similar to shell
with documents, securities fraud, and company fraud except that a transaction
taking actions against whistleblowers. actually takes place. The perpetrator
Corruption creates a false vendor and issues
• Corruption involves an executive, a manager, or purchase orders to it for inventory or
an employee of the organization in collusion with supplies. The false vendor purchases the
an outsider. needed inventory from a legitimate
• Bribery involves giving, offering, soliciting, or vendor, charges the victim company a
receiving things of value to influence an official in much higher than market price for the
the performance of his or her lawful duties. items, and pockets the difference.
• An illegal gratuity involves giving, receiving, o A pay-and-return is a scheme under
offering, or soliciting something of value because which a clerk with check writing authority
of an official act that has been taken. Similar to a pays a vendor twice for the same
bribe, but after the fact. products (inventory or supplies) received
• A conflict of interest is an outline of procedures and then intercepts and cashes the
for dealing with actual or apparent conflicts of overpayment returned by the vendor.
interest between personal and professional • Check tampering involves forging, or changing
relationships. in some material way, a check that was written to
• Economic extortion is the use (or threat) of a legitimate payee.
force (including economic sanctions) by an • Payroll fraud is the distribution of fraudulent
individual or organization to obtain something of paychecks to existent and/or nonexistent
value. employees.
o The item of value could be a financial or • Expense reimbursement fraud involves
economic asset, information, or claiming reimbursement of fictitious or inflated
cooperation to obtain a favorable business expenses.
decision on some matter under review. • Thefts of cash is the direct theft of cash on hand
• Asset Misappropriation in the organization.
• Statement on Auditing Standards (SAS) No. actions are taken to deal with the
109 is the current authoritative document for organization’s risks.
specifying internal control objectives and o IT CONTROLS: General controls are
techniques. It is based on the COSO framework. controls that pertain to entity-wide
• SOX and Internal Control: concerns such as controls over the data
o Public company management center, organization databases, systems
responsibilities are codified in Sections development, and program maintenance.
302 and 404 of SOX: Application controls are controls that
o Section 302 requires management to ensure the integrity of specific systems.
certify organization’s internal controls on o PHYSICAL CONTROLS relate to human
a quarterly and annual basis. activities.
o Section 404 requires management to o Transaction authorization is a
assess internal control effectiveness. procedure to ensure that employees
o Committee of Sponsoring process only valid transactions within the
Organizations of the Treadway scope of their authority.
Commission (COSO) is a joint initiative o Segregation of duties is the separation
of five private sector organizations and is of employee duties to minimize
dedicated to providing thought incompatible functions. These include
leadership through the development of separating: (1) transaction authorization
frameworks and guidance on enterprise and processing, (2) asset custody and
risk management, internal control, and record-keeping, (3) tasks so that
fraud deterrence. successful fraud must require collusion.
o Supervision is a control activity
COSO internal control framework five involving the critical oversight of
components: employees. It is a compensating control
• The Control Environment in organizations too small for sufficient
o The control environment is the segregation of duties.
foundation of internal control. o The accounting records of an
o It sets the tone for the organization and organization consist of documents,
influences control awareness. journals, or ledgers used in transaction
o SAS 109 requires auditors obtain cycles. These capture economic essence
sufficient knowledge to assess attitudes and provide an audit trail.
and awareness of the management, o Access controls are controls that
board and owners regarding internal ensure that only authorized personnel
controls. have access to the firm’s assets.
o As a minimum, board should adopt the
provisions of SOX. Segregation of Duties Objectives
• Risk Assessment
o Risk assessment is the identification,
analysis, and management of risks
relevant to financial reporting.
• Information and Communication
o The quality of information the AIS
generates impacts management’s ability
to take actions and make decisions.
o An effective accounting information
system records all valid transactions and
provides timely and accurate information.
• Monitoring
o Monitoring is the process by which the
quality of internal control design and o Verification procedures are
operation can be assessed. independent checks of the accounting
o This can be done thru separate system to identify errors and
procedures (e.g. internal audits) or misrepresentations.
ongoing activities (e.g. computer o These differ from supervision – these
modules, management reports) happen after the fact by an individual not
• Control Activities directly involved in the transaction or task
o Control activities are the policies and being verified. Supervision happens
procedures to ensure that appropriate
during the activity by a superior directly • Hash total is a control technique that uses
responsible for the task. nonfinancial data to keep track of the records in
o Management can assess (1) individual a batch.
performance, (2) system integrity and (3)
data correctness. Batch Control Record
o Includes:
• Reconciling batch totals during
transaction processing.
• Comparing physical assets with
accounting records.
• Reconciling subsidiary accounts
with control accounts.
• Reviewing management reports
that summarize business Run-to-Run Controls
activities.
IT APPLICATION CONTROLS
• are associated with applications.
BACKUP PROCESS IN BATCH SYSTEM USING Output controls are procedures to ensure output is not
DIRECT ACCESS FILES lost, misdirected or corrupted and that privacy is not
• Each record in a direct access file is assigned a violated.
unique disk location or address that is determined • Can cause disruption, financial loss and litigation.
by its primary key value.
• The destructive update approach leaves no Controlling Hard-Copy Output
backup copy of the original master file. It requires • OUTPUT SPOOLING: Spooling is directing an
a special recovery program if data is destroyed or application’s output to a magnetic disk file rather
corrupted. than to the printer directly because output data
in output devices can become backlogged
Destructive Update Approach (bottleneck). Proper access and backup
procedures must be in place to protect these
output (spool) files.
• PRINT PROGRAM CONTROLS should be designed
to prevent unauthorized copies and employee
browsing of sensitive data.
• SENSITIVE COMPUTER WASTE should be
shredded for protection.
• REPORT DISTRIBUTION must be controlled.*
• END-USER should examine reports for
correctness, report errors and maintain report
security.