The document discusses various types of fraud including misappropriation of assets, fraudulent financial reporting, computer fraud, and investment fraud. It describes common characteristics of fraud perpetrators and explains the fraud triangle, which are the three elements that allow fraud to occur: pressure, opportunity, and rationalization. Pressure can come from financial difficulties, lifestyle issues, or emotional problems. Opportunity arises from weaknesses in internal controls or a person's position or access. Rationalization allows perpetrators to justify their illegal behavior.
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Jimmy de Vera Roldan, Msit
The document discusses various types of fraud including misappropriation of assets, fraudulent financial reporting, computer fraud, and investment fraud. It describes common characteristics of fraud perpetrators and explains the fraud triangle, which are the three elements that allow fraud to occur: pressure, opportunity, and rationalization. Pressure can come from financial difficulties, lifestyle issues, or emotional problems. Opportunity arises from weaknesses in internal controls or a person's position or access. Rationalization allows perpetrators to justify their illegal behavior.
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JIMMY DE VERA ROLDAN, MSIT
1. Natural and political disasters. Examples:
fire or excessive heat, floods, earthquakes, hurricanes, tornadoes, blizzards, snowstorms, freezing rain, war, terrorists attack 2. Software errors and equipment malfunction. Examples: hardware and software failure, software errors or bugs, OS crashes, power outages and fluctuations, undetected data transmission errors 3. Unintentional acts. Example: accidents caused by human carelessness, failure to follow established procedures, and poorly trained or supervised personnel, innocent errors or omission, lost, erroneous, destroyed, or misplaced data, logic errors, systems that do not meet company needs or cannot handle intended tasks 4. Intentional acts. Examples: sabotage, misrepresentation, false use, or unauthorized disclosure of data, misappropriation of assets, financial statement fraud, corruption, computer fraud - malware Fraud is gaining an unfair advantage over another person. Legally, for an act to be fraudulent, there must be: 1. A false statement, representation, or disclosure. 2. A material fact, which is something that induces a person to act. 3. An intent to deceive. 4. A justifiable reliance, that is, the person relies on the misrepresentation to take an action. 5. An injury or loss suffered by the victim. Most fraud perpetrators are knowledgeable insiders with the requisite access, skills, and resources. Because employees understand a company’s system and its weaknesses, they are able to commit and conceal a fraud. The controls used to protect corporate assets make it more difficult for an outsider to steal from a company. Fraud perpetrators are often referred to as white-collar criminals. Corruption is dishonest conduct by those in power and it often involves actions that are illegitimate, immoral, or incompatible with ethical standards. There are many types of corruption. Examples include bribery and bid rigging.
Investment fraud is misrepresenting or leaving
out facts in order to promote an investment that promises fantastic profits with little or no risk. 2 types of frauds that are important to businesses are misappropriation of assets (sometimes called employee fraud) and fraudulent financial reporting (sometimes called management fraud). Misappropriation of assets is the theft of company assets by employees.
AlbertMilano, a manager at Reader’s Digest
responsible for processing bills, embezzled vices never performed, submitted them to accounts payable, forged the endorsement on the check, and deposited it in his account. Milano used the stolen funds to pay an expensive home, 5 cars, and a boat. A bank vice president approved $1 million in bad loans in exchange for $585,000 in kickbacks. The loans cost the bank $800 million and helped trigger its collapse. A manager at Florida newspaper went to work for a competitor after he was fired. The first employer soon realized its reporters were being scooped. An investigation revealed that manager still had an active account and password and regularly browsed its computer files for information on exclusive stories. Ina recent survey of 3,500 adults, half said they would take company property when they left and were more likely to steal e-data than assets. More than 25% said they would take customer data, including contact information. Many employees did not believe taking company data is equivalent to stealing. The most significant contributing factor in most misappropriations is the absence of internal control and/or the failure to enforce existing internal control. A typical misappropriation has the following important elements or characteristics. The perpetrator: Gains the trust or confidence of the entity being defrauded. Uses trickery, cunning, or false or misleading information to commit fraud. Conceals the fraud by falsifying records or other information. Rarely terminates the fraud voluntarily. Sees how easy it is to get extra money; need or greed impels the person to continue. Some frauds are self-perpetrating. If perpetrators stop, their actions are discovered. Spend the ill-gotten gains. Rarely does the perpetrator save or invest the money. Some perpetrators come to depend on the “extra” income, and others adopt a lifestyle that requires even greater amounts of money. For these reasons, there are no small frauds – only large ones that are detected early. Gets greedy and takes ever-larger amounts of money at intervals that are more frequent, exposing the perpetrator to greater scrutiny and increasing the chances the fraud is discovered. Grows careless or overconfident as time passes. If the size of the fraud does not lead to its discovery, the perpetrator eventually makes a mistake that does lead to the discovery. Fraudulent financial reporting is the intentional or reckless conduct, whether by act or omission, that results in materially misleading financial statements. Management falsifies financial statements to deceive investors and creditors, increase a company’s stock price, meet cash flow needs, or hide company losses and problems. Understand fraud. Discuss the risk of material fraudulent misstatements. Obtain information. Identify, assess, and respond to risks. Evaluate the results of their audit tests. Document and communicate findings. Incorporate a technology focus. Individuals who are disgruntled and unhappy with their jobs and seek revenge against employers. Dedicated, hardworking, and trusted employees. People with no previous criminal records. Honest, valued, and respected members of the community. They were good people who did bad things. Computer fraud perpetrators are typically younger and possess more computer experience and skills. Some are motivated by curiosity, a quest for knowledge, the desire to learn how things work, and the challenge of beating the system. Some view their actions as a game rather than as dishonest behaviour. Others commit computer fraud to gain stature in the hacking community. A large and growing number of computer fraud perpetrators are more predatory in nature to seek to turn their actions into money. These fraud perpetrators are more like the blue collar criminals that look to prey on others by robbing them. The difference is that they use the computer instead of a gun. Many first time fraud perpetrators that are not caught, or that are caught but not prosecuted, move from being “unintentional” fraudsters to “serial” fraudsters. Malicious software (malware) is a big business and a huge profit engine for the criminal underground, especially for digitally savvy hackers in Eastern Europe. They break into financial accounts and steal money. They sell data to spammers, organized crime, hackers, and the intelligence community. They market malware such as virus-producing software to others. Cyber criminals are a top FBI priority because they have moved from isolated and uncoordinated attacks to organized fraud schemes targeted at specific individuals and businesses. They use online payment companies to launder their ill-gotten gains. To hide their money, they take advantage of the lack of coordination between international law enforcement organizations. Fraud Triangle
Pressure Pressure – a person’s incentive or motivation for committing fraud. 3 types of pressures that lead to misappropriations are Financial, Lifestyle, and Emotional.
Financial – living beyond one’s means; high
personal debt / expenses; inadequate salary / income; poor credit ratings; heavy financial losses; bad investments; tax avoidance; unreasonable quotas / goals Emotional – excessive greed, ego, pride, ambition; performance not recognized; job dissatisfaction; fear of losing job; need for power or control; overt, deliberate non- conformity; inability to abide by or respect rules; challenge of beating the system; envy or resentment against others; need to win financial one-upmanship competition; coercion by bosses / top management Lifestyle – gambling habit; drug or alcohol addiction; sexual relationship; family / peer pressure. Opportunity is the condition or situation, including one’s personal abilities, that allows a perpetrator to do 3 things: 1. Commit the fraud. 2. Conceal the fraud. 3. Convert the theft or misrepresentation to personal gain. Management Characteristics – questionable management ethics, management style, and track record; unduly aggressive earnings, forecasts, performance standards, accounting methods, or incentive programs; management actions or transactions with no clear business justification; failure to correct errors on a timely basis, leading to even greater problems; high management / employee turnover. IndustryConditions – declining industry; industry or technology changes leading to declining demand or product obsolescence; new regulatory requirements that impair financial stability or profitability; significant competition or market saturation with declining margins; significant tax changes or adjustments. Financial– intense pressure to meet or exceed earnings expectations; significant cash flow problems; unusual difficulty collecting receivables, paying payables; heavy losses, high dependence on debt; heavy dependence on new or unproven product lines; economic conditions (inflation, recession); litigation, especially management vs. stockholders; impending business failure or bankruptcy. Rationalization allows perpetrators to justify their illegal behaviour.
“I only took what they owed me.”
“The rules do not apply to me.”
“Getting what I want is more important than
being honest.” Perpetrators rationalize that they are not being dishonest, that honesty is not required of them, or that they value what they take more than honesty and integrity. The most frequent rationalizations include the following: I am only “borrowing” it, and I will repay my “loan”. You would understand if you knew how badly I needed it. What I did was not that serious. It was for a good cause (Robin Hood syndrome). In my very important position of trust, I am above the rules. Everyone else is doing it. No one will ever know. The company owes it to me; I am taking no more than is rightfully mine. Computer fraud is any fraud that requires computer technology to perpetrate it. Examples include: Unauthorized theft, use, access, modification, copying, or destruction of software, hardware, or data. Theft of assets covered up by altering computer records. Obtaining information or tangible property illegally using computers. Computer systems are particularly vulnerable for the following reasons: 1. People who break into corporate databases steal, destroy, or alter massive amounts of data in very little time, often leaving little evidence. 2. Computer fraud can be much more difficult to detect than other types of fraud. 3. Some organizations grant employees, customers, and suppliers access to their system. 4. Computer programs need to be modified illegally only once for them to operate improperly for as long as they are in use. 5. Personal computers are vulnerable. 6. Computer systems face a number of unique challenges: reliability, equipment failure, dependency on power, damage from water or fire, vulnerability to electromagnetic interference and interruption, and eavesdropping. The number of incidents, the money losses, and the sophistication of the perpetrators and the schemes used to commit computer fraud are increasing rapidly for several reasons: 1. Not everyone agrees on what constitutes computer fraud. Example: copying software constitutes computer fraud; browsing someone else’s computer files vs. Browsing company data. 2. Many instances of computer fraud go undetected. 3. A high percentage of frauds is not reported. 4. Many networks are not secure. 5. Internet sites offer step-by-step instructions on how to perpetrate computer fraud and abuse. 6. Law enforcement cannot keep up with the growth of computer fraud. 7. Calculating losses is difficult. Input Fraud. The simplest and most common way to commit computer fraud is to alter or falsify computer input. It requires little skill. Perpetrators need only understand how the system operates so they can cover their tracks. Processor Fraud. This include unauthorized use of the system, including the theft of computer time and services. Computer Instruction Fraud. This includes tampering with company software, copying software illegally, using software in an unauthorized manner, and developing software to carry out an unauthorized activity. Data Fraud. Illegally using, copying, browsing, searching, or harming company data. The biggest cause of data breaches is employee negligence. Output Fraud. Unless properly safeguarded, displayed or printed output can be stolen, copied, or misuse. Make fraud less likely to occur. Increase the difficulty of committing fraud. Improve detection methods. Reduce fraud losses. JIMMY DE VERA ROLDAN, MSIT