25
Emerging Trends in Financial Statement Fraud, Electronic Fraud and Investigating Presentation by: Chrisantus M. Khulabe Manager, Data Analytics and Digital Forensics, Deloitte East Africa Friday, 30 th November 2018 Uphold public interest

Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Embed Size (px)

Citation preview

Page 1: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Emerging Trends in Financial Statement Fraud, Electronic Fraud and Investigating

Presentation by:

Chrisantus M. KhulabeManager, Data Analytics and Digital Forensics, Deloitte East Africa

Friday, 30th November 2018

Uphold public interest

Page 2: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Contents

Introduction to Financial Statement FraudRecent trends in Financial Statement FraudIntroduction to Electronic/Digital FraudRecent trends in Electronic/Digital FraudInvestigations

Page 3: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

IntroductionTypes of Fraud

There are three types of fraud:

Misappropriation of Assets

Corrupt Business Practices

Fraudulent Financial Reporting

Fraud

Page 4: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Financial Statement FraudIntroduction

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.

According to the ACFE 2018 Report to the Nations, Financial statement fraud schemes

are the least common, however they are the most costly.

They comprise of 10% of all fraud cases with a median loss of USD 800,000.

Page 5: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

• Smoothing earnings / meeting expectations (e.g., investors, debt covenants)

• Achieving compliance with contractual terms (e.g., debt covenants)

• Facilitate the use of non-GAAP earnings (e.g., EBITDA)

• Meet bonus targets

• Increase value of stock-based compensation

• Cover inability to generate cash flows

• Obtain financing or more favorable terms on existing financing

• Avoid negative market perceptions

• Personal financial pressures

• Corrupt corporate culture

Financial Statement Fraud Why Commit it?

Page 6: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Financial Statement FraudEffects on the Financial Statements

Practice

Improper Expense

Capitalization

Overvalue Assets

Undervalue/Under-Record Liabilities

Effect on Balance Sheet

Overstate Assets

Overstate Assets

Understate Liabilities

Effect on Income Statement

Defers current expenses to succeeding periods

Postpones depreciation expenses or moves losses

to later periods

Postpones expense or losses to later periods

Page 7: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Recent Trends in Financial Statement FraudFraud Detection

• It is extremely unlikely to find a fraud by reading the financial statements

• The typical fraud scheme lasts 16 months before it is detected

• 4% of fraud schemes are initially detected by external auditors

SOURCE: 2018 ACFE Report to the Nation on Occupational Fraud & Abuse

Page 8: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Recent Trends in Financial Statement FraudCommon Fraud Schemes

• Improper Capitalization of Expenses

• Vendor Allowance Manipulations

• Improper Bill and Holds

• Roundtrip Transactions

• “Refreshed” Receivables

• “Off -Site” or Fake Inventory

• Adjustments to Estimations

• Phony Shipping Documentation

• Moving Inventory Between Locations

• Related Parties That “Create” Transactions

• Unjustified Consolidation Entries

• Splitting of Multiple-Element Deals

• Improper Asset Valuations

• Holding Periods Open

• Phony “Investment Deals”

• Income Manipulations Affecting Other

Accounts

• Bribery, Corruption & Kickbacks

• Phony Joint Venture Contributions

• Money Laundering

• Fraudulent Audit Confirmations

• Early Recording of Rebates

• Off Balance Sheet Liabilities

• Undocumented Rights of Return

Page 9: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Recent Trends in Financial Statement FraudCommon Fraud Schemes

->Domination of management by a single person or small group without compensating controls.

-> Recurring negative cash flows from operations

-> Rapid growth or unusual profitability, especially compared to that of other companies in the same industry.

-> Highly complex transactions, especially those close to period end that pose difficult “substance over form”

questions.

-> Significant related-party transactions not in the ordinary course of business or with related entities not audited.

-> Recurring attempts by management to justify marginal or inappropriate accounting on the basis of materiality.

-> Formal or informal restrictions on the auditor that inappropriately limit access to people or information.

Page 10: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Electronic/Digital FraudIntroduction

Over the years, hackers have developed multipronged strategies to identify and exploit systemic weaknesses and

vulnerabilities. Common types of fraud in digital transactions include the following:

Malware

This malware can automatically perform transactions on behalf of customers after hacking into a legitimate

session or stealing credentials, including second-factor authentication.

Phishing

It refers to a method for gathering personal identifiable information (PII), using deceptive e-mails and fake

websites that can be used to access customer accounts.

Account Take Over (ATO)

A hacker poses as a genuine customer, takes control of an account and makes unauthorized transactions.

Page 11: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Current Trends in Digital Fraud

TREND 1: DIGITAL TRANSACTIONS ARE ON THE RISE

Global e-commerce turnover grew by 17.5% percent to reach US$2.7 trillion in 2016.

TREND 2: WITHIN DIGITAL TRANSACTIONS, CNP TRANSACTIONS AND FRAUD ARE

INCREASING

CNP transactions account for 60–70 percent of all card fraud in many developed countries, according to

Juniper Research.18 In the UK, spending on e-commerce has reached £248 billion, with CNP fraud

losses at £309 million in 2016.

Page 12: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Future Trends in Digital Fraud

According to World-Pay, 25 by 2020, mobile wallets will surpass both credit and debit cards, and in-

store mobile payments will exceed US$500 billion. As per Juniper Research,15 fraudulent CNP

physical goods sales will reach US$14.8 billion annually by 2022.

Digital wallets have disrupted the market by providing a seamless experience across various devices

and online platforms— integrated as gateway services on communication channels such as

Facebook—to support commercial activities.

New payment providers (such as Apple Pay) act as intermediaries between the web browser and

banking sites to facilitate online shopping. Banks are, therefore, unable to detect the middleman,

leading to fraud and subsequent losses—likely to be borne by the payment provider.

Page 13: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Future Trends in Digital Fraud

TREND 1: BEWARE OF BOT ATTACKS

The use of artificial intelligence (AI) bots is likely to drive fraud in mobile payments. Bots can impersonate

legitimate users, mimic human behaviors and convincingly circumvent fraud controls. In 2017, fraud by bots in

digital advertising touched US$6.5 billion, globally.

TREND 3: SPOT THE FAKE (GENEALOGY WEBSITES)

Fake “genealogy” websites. Scammers target people who are interested in ancestral research and tempt them to

register on their website. Unwary customers take the bait and share their credit card information and SSN.

TREND 4: GOING CONTACTLESS

Financial institutions are turning to emerging technologies to prevent fraud. For instance, they have rolled out

contactless cards, which are based on secure elements payment technologies such as near field communication (NFC)

and host card emulation (HCE).

Next, we are likely to see the use of Bluetooth Low Energy (BLE) technology with NFC and HCE to prevent fraud.

TREND 2: FRAUD HAS GONE SOCIAL

Social media sites have grown to become hotbeds for the new-age hacker: data harvesting zones for scammers and

an ideal platform for peddling bogus shopping deals and coupon scams.

Page 14: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

3-Domain Secure (3DS) Layers These are real-time authentication services in transaction communication that allow issuer banks and merchants to interchange the

data provided by customers for authentication.

Dynamic one-time password (OTP) received as a text message on the user’s mobile and e-mail account.

The challenge with 3DS protocols, however, is that the information needed for enrolment (for example, SSN) is readily available in

the grey market and can be illegitimately used by hackers. If the card is already enrolled online, a simple key logger can give the

hacker access to the user’s password.

Address Verification Services (AVS) This is a mechanism that can effectively limit fraud and chargebacks. AVS verifies the information provided by a cardholder with

that available with the issuing bank, along with other factors (such as card number and expiry date). Once the information is

verified, the issuing bank sends an AVS code to the merchant’s payment gateway.

The challenge, however, is that sometimes even genuine authorized transactions get declined because of personal AVS preferences

which might lead to high processing fees.

Digital Fraud Prevention Measures

Page 15: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Tokenisation

It prevents the user from giving away payment credentials for each online transaction.

Two-factor Authentication (2FA)

This is widely used for securing online transactions. The user logs into a portal with the help of a password and receives a dynamic

OTP via text message on a registered mobile number to authenticate the transaction.

This makes it trickier for a hacker, who requires both the cardholder’s login password and phone to access the account.

Digital Fraud Prevention Measures

Page 16: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Risk Control and Fraud Prevention Measures

Risk Factors Fraud Prevention Measures

Personnel Failures

Inadequate staff employment screening • Have detailed job application forms

• Stringent checking of references and backgrounds of applicants

• Train managers to improve interview skills to identify potential fraudsters

• Regular fraud awareness staff training

Inadequate supervision of staff • On-going monitoring of integrity of employees

• Awareness of behavioral and social anomalies (e.g. gambling problems, unusual

work patterns, living beyond one's means)

• Awareness of staff not taking leave or working after-hours

• Mandatory staff recreational leave

• In-house fraud hotlines

• Implement corporate code of conduct/ ethics

Failure to segregate staff duties • Job rotation

• Clear segregation of duties, in particular, purchasing, payments and authorization of

payments

• On-going monitoring of long-serving employees and managerial staff

Page 17: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Risk Control and Fraud Prevention Measures

Risk Factors Fraud Prevention Measures

Account Auditing Failures

Internal auditing failures • Increase the role of audit committees

• Increase budget allocation for internal audit

• Provide fraud detection training for audit committees

• Conduct random audits

External auditing failures • Conduct random audits

• Employ active reporting

Page 18: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Investigations

Below are effective phases to ensure a successful forensic investigation into fraud:

Page 19: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Investigations

Phase 1 – Investigation preparation

This phase involves identification of risks associated with the organisation which might include the following:

• Reputational risk for the entity;

• Availability of evidence and data (ensure that evidence and data potentially relevant to the investigation are safe

and secure);

• Risk of non-cooperation by third parties;

• Risk of interference and interruptions during the investigative process;

• Understand nature of the allegations including key players, locations, and theories on methods/schemes;

• Understand whether any procedures were performed by the entity;

• Review documents provided by relevant staff; and

• Determine availability of data sources and owners, contracts, and supporting documentation.

Page 20: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Investigations

Phase 2 – Data Collection

In this phase, the investigators:

• Gain an understanding of what document preservation procedures have been undertaken;

• Identify relevant parties from which the data should be collected as well as devices they possess;

• Gather system information (data dictionary, table structure), and identify any system

limitations/weaknesses;

• Collect, image, load, and prepare data from machines and devices into analytical tools and document

review platforms;

• Collect hard copies and consider scanning them;

• Collect and prepare structured and unstructured data from company systems, tie to control totals;

• Perform optical character recognition (OCR) on image documents such as scanned PDF files;

• Filter relevant data;

• Gather relevant contracts, policy and procedure documentation; and

• Organize and catalogue data.

Page 21: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Investigations

Phase 3 – Performance of Data Analytics

In this phase, the investigators will utilize an array of tools to mine transactional and operational data from

an entity’s IT systems used for financial reporting and operations.

Use of data analysis tools, data matching, pattern recognition and data forensics, the investigators should

strive to identify potential anomalies and relationships that may indicate fraudulent behavior.

Phase 4 – Performance of background checks

In this phase, investigators will endeavour to obtain information from publicly available sources on

individuals and entities suspected to be involved in fraud or malfeasance.

It is possible to identify business relations, be it suppliers, service providers, other third parties or

individuals. This will include, as far as applicable, an investigation into further investments, trading history,

criminal record, reputation in the media and holdings of the individual or company, and possibly those of its

directors and shareholders.

Page 22: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Investigations

Phase 5 – Review of documents

The review of documentation includes the following:

• Read and analyze documents, supporting documentation, and policy documentation;

• Identify any relevant internal control weaknesses;

• Map out key relevant business processes (for example, Investment decisions procedures);

• Adjust key word search terms based on reviews;

• Build timelines; and

• Compare different versions of contracts and documents.

Page 23: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Investigations

Phase 6 – Conducting interviews

Interviews are an important element to any investigation. They provide a vehicle in which to gather many important

details and points of view in a relatively short amount of time. Interviews will also provide the investigators with

the opportunity to identify deceptive behaviors or subject matters that require further inquiry.

Interviewers should follow the following guidelines:

• Develop interview strategy;

• Craft interview questions;

• Prepare reference documents to accompany interview questions;

• Conduct interviews and take notes; and

• Based upon interviews, determine whether additional work needs to be performed.

Conducting interviews with relevant individuals in the course of an investigation is one of the ways of gathering

evidence and obtain different versions of events.

Page 24: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Investigations

Phase 7 – Reporting

It is essential for the success of the investigation that the investigators provide factual reports that

can be used for various purposes.

The general structure of a report should at minimum include:

the scope and limitations,

procedures performed and executive summary,

factual findings,

conclusions and recommendations.

Page 25: Presentation by: Chrisantus M. Khulabe Manager, Data ... · Internal auditing failures • Increase the role of audit committees • Increase budget allocation for internal audit

Questions