Bringing Down FIFA: 'The dogged obsession of a single reporter'

FROM THE PRESIDENT

James D. Ratley, CFE
ACFE President

Sports are an obsession for many fans around the globe. Team owners, promoters and gear manufacturers know their customers are loyal (sometimes rabid), unpaid publicists. So we're talking about boatloads of cash coursing through sport systems — and sometimes surreptitiously into fraudsters' pockets.

Andrew Jennings, an independent investigative journalist, has spent more than 15 years laboriously examining the economic intricacies of FIFA (Fédération Internationale de Football Association). His reporting of entrenched FIFA corruption — bribes, kickbacks, vote rigging and ticket scandals — eventually caught the attention of the FBI. In 2015, the U.S. Department of Justice indicted scores of FIFA-related officials under the U.S. Racketeer Influenced and Corrupt Organizations (RICO) Act and the U.S. Travel Act. As of publication, the U.S. had convicted 21 on various racketeering and corruption charges with 42 defendants publicly charged.

Simon Jenkins of the Guardian newspaper wrote that credit for the routing of FIFA "should go to the dogged obsession of a single reporter, Andrew Jennings."

Jennings has been chasing bad guys around the globe for decades. He's investigated corruption in Scotland Yard, the Sicilian Mafia and the International Olympic Committee, among many others.

The inscription on the ACFE's Guardian Award reads: "For Vigilance in Fraud Reporting." That phrase defines Jennings's work. And that is why we're presenting him with the award at the 28th Annual ACFE Global Fraud Conference, June 18-23 in Nashville.

Jennings says that from his teen years, he wanted to become an investigative reporter. He attended university for a couple of years, but he was chomping at the bit to get to his investigations. He worked for some of the U.K. national newspapers, but he was bored. He went to the BBC where he worked on a TV documentary about corruption in Scotland Yard, but the BBC pulled it at the last moment. He quit and went home to write a book about it. And then a public-affairs TV show — "World in Action" — called him and he re-made the film.

From there he made several documentaries and wrote a couple of award-winning books on Olympic corruption, which prepared him for rooting out "the rot," as he calls it, in FIFA.

Even today, at 73, he's still sniffing for bad smells in large institutions. Read more about Jennings in the latest issue of Fraud Magazine.

And, sign up for the 28th Annual ACFE Global Fraud Conference to hear this fascinating man and many other fraud fighters.

10 Infamous Fraud Cases of the 21st Century

FROM THE RESOURCE GUIDE

ACFE Staff

A seemingly endless stream of fraud stories hits the headlines every day. On Monday you could read that an Ivy league-educated financier defrauded his victims of more than $38 million and by Friday, a European soccer star is spending his day in court.

It can be disheartening to see these stories splayed across your computer or TV screens. There is, however, a silver lining. If we’ve learned anything from taking history classes in school it’s that understanding the past helps to avoid repeating it. 

In a new ACFE online self-study course, 10 Infamous Fraud Cases of the 21st Century, we do just that. By exploring 10 notable fraud cases of the 21st century, fraud examiners can identify the methods the major players used to conduct their schemes, and analyze the aftermath and impacts of various frauds. Learning from past cases means you can help protect your clients, employers and the general public from similar schemes in the future.

WorldCom
In 2002, the WorldCom scandal became one of the largest accounting frauds in history when the company revealed its wrongdoing and was subsequently forced to file bankruptcy and write off $50 billion in losses. The scandal began when WorldCom CEO Bernie Ebbers employed a business strategy of achieving growth through acquisitions. He acquired MCI Communications and then proposed a merger with Sprint, but was forced to abandon the Sprint merger in 2000. Determined to show increased revenue despite a slow-down in mergers and acquisitions, Ebbers manipulated the books to satisfy Wall Street’s expectations. The scheme was detected when a capital expenditures audit revealed suspicious journal entries. WorldCom’s internal audit team discovered improper accounting in expenses over five quarters. The WorldCom accounting scandal was a situation in which corporate governance failed and the board of directors were caught unaware. WorldCom’s accounting system was faulty and Ebbers’ close relationship with external accounting firm Arthur Andersen presented a conflict of interest in which the auditors were unable to exercise professional skepticism when performing their audits.

FIFA
High-profile sports are big business in many countries. Unfortunately for the International Federation of Association Football (FIFA), alleged corruption and money laundering means its big business operated with little or no oversight. The FIFA scandal involved the collusion between FIFA executives, sports marketing executives and officials of continental football bodies. The scandal erupted in May 2015 when Swiss authorities raided a hotel in Zurich and several FIFA executives were arrested. The U.S. Department of Justice (DOJ) has cited more than 40 defendants in the FIFA scandal. Some charges involved bids for World Cups and for marketing and broadcast deals that amounted to nearly $150 million. Future World Cups are now in question — the scandal has caused the bidding process for the 2026 World Cup to be suspended. Proposed changes have been made, but only time will tell in an organization that has historically dealt with bribery and corruption.

GlaxoSmithKline
In 2012, British pharmaceutical company GlaxoSmithKline (GSK) was at the center of the largest health care fraud settlement in history when the company agreed to pay $3 billion in fines to U.S. regulators. The crime? According to the U.S. Justice Department, GSK unlawfully promoted certain prescription drugs, failed to report safety data, paid kickbacks to health care professionals and engaged in fraudulent pricing practices. The settlement arose from a number of GSK policies and practices that largely involved the promotion of prescription drugs, like Paxil and Wellbutrin, for off-label use. While doctors may prescribe drugs for off-label use, it’s illegal for pharmaceutical companies to promote or market off-label uses. The U.S. government also claimed that GSK paid unlawful kickbacks to health care professionals to encourage them to prescribe certain drugs. Although much of GSK’s misconduct was unique to the pharmaceutical and health care industries, the case contains broad lessons. A company’s culture should stress compliance and ethical conduct. The nature and prevalence of GSK’s misconduct suggest that its culture rewarded profit rather than compliance and patient safety. That type of culture is a recipe for fraud. 

Target
The Target data breach in late 2013 was the largest in U.S. retail history and resulted in the exposure of approximately 40 million credit card numbers and the personal information of 70 million customers. Unidentified hackers — thought to be from Eastern Europe or Russia — surreptitiously installed malware into Target’s computer networks. The hackers accessed Target’s systems using the credentials of a third-party heating and air conditioning contractor.

Before the company was hacked, Target had installed a security system that caught five instances of malware graded at the highest severity. Members of corporate headquarters were notified, but apparently ignored the alerts. In this day and age when cybersecurity has become a hot topic thanks to the increasing advancements in technology, the Target debacle shows that companies need a strong response plan to deal with alerts of possible network intrusions.

Olympus
The Olympus financial scandal exploded in late 2011 when then president and CEO Michael Woodford came forward with information exposing fraudulent accounting practices in the organization. Woodford had only served as CEO for two weeks when he revealed the financial malfeasance. The fraud is one of the most significant corporate corruption scandals in the history of Japan. In 2000, standards in Japan changed significantly after the failure of Yamaguchi Securities in 1997. The new accounting standards required losses on certain assets to be noted at the end of each accounting period. Rather than comply with the standards and disclose mounting losses, Olympus constructed a complicated system of hiding its bad assets. The company began selling bad assets for exorbitant prices to newly created entities under its control without recognizing losses from the sales. The Olympus fraud shows that tone at the top matters. Woodford wrote letters to the board about his concerns and was subsequently fired. This exemplified the company’s unethical culture. C-level executives must act according to the principles expected of employees at all levels and across the enterprise.

Learning by Example
These are just five of the 10 cases covered, and here we only scratch the surface of what can be learned from these schemes. 10 Infamous Fraud Cases of the 21st Century contains analysis from experts and experienced fraud fighters. It dives deep into each case to interactively explore the pressures, opportunities and rationalizations of the fraudsters, and how fraud examiners can take these lessons into the field.

Find more products and events in the latest ACFE Resource Guide


7 Ways to Keep Your New Year’s Resolution to Earn Your CFE Credential

GUEST BLOGGER

John Loftis, CFE
ACFE Membership Communications Manager

I recently saw a discussion in the CFE Exam Preparation community about people who are resolving to earn their CFE credential in 2017. According to statistics, more than 30 percent of people give up on their New Year’s resolutions after the first two weeks of January. Many resolutions like better health, better finances or finding the love of your life are things that I unfortunately cannot help you with, but I can help you to create a plan that will put you on the path to passing the CFE Exam.

I read an article in Forbes this week called, 7 Secrets of People Who Keep Their New Year’s Resolutions. I noticed how many of these secrets could apply to the CFE Exam. Based on that article, below is a quick framework to help you avoid becoming one of the 30 percent and earn the CFE credential.

1. Specify your goals

One of the trendy concepts you have probably heard of is creating SMART goals i.e. making your goals Specific, Measurable, Achievable, Realistic and Time-based. You want to earn your CFE credential in 2017, but did you pick a deadline yet? Review the 30-, 60- and 90-day study plans. Pick one and stick with it.  

2. Break it down

You have to study for the exam, complete the application process and finally take the exam. That can be intimidating. However, the process is much more manageable if you break it down into small chunks. Create mini-goals to help you along the way.

Here are some examples:

  • Complete the Pre-Assessment by 1/24/2017
  • Submit the CFE Exam application before 1/31/2017
  • Answer all the questions in the Fraud Prevention section by 2/8/2017

The 30-, 60- and 90-day study plans include a checklist of deadlines that will help you create these mini-goals.

3. Schedule it

When I studied for my CFE Exam, I decided I would study during my lunch hour. Every day for about three months, I packed my lunch, sat at my desk and studied. Maybe studying at lunch will not work for you, but it is important to choose a time and place, and study consistently.

4. Measure progress

The CFE Exam Prep Course includes tools for tracking your study progress. You can also use this chart to keep track of the time you spend studying.

5. Share your goals in the CFE Exam Preparation Community

Stop by the CFE Exam Preparation Community and share your goals. As the Forbes article mentions, social support is critical. Who better to share your goals with than colleagues around the world who are preparing to pass the CFE Exam?

6. Something is better than nothing

At the most recent Principles of Fraud Examination course taught by the ACFE, I was discussing CFE Exam preparation with a member. I told her that even if you only have time to answer 10 questions a day in the Prep Course, you are still moving forward. Some progress is better than no progress and you will be surprised how many questions you answer after you knock out those first 10 questions.

7. Get up when you slip up

If you miss a day, week or even a month of studying, do not give up. Revisit your mini-goals, adjust your deadlines and get going. You can do it!

Because I am a quote person, I will leave you with this:

“It does not matter how slowly you go as long as you do not stop.” -Confucius

Volkswagen Exec Arrested: Dissecting the Fraud Triangle

AUTHOR'S POST

Mandy Moody, CFE
ACFE Content Manager

Steve Morang, CFE, CIA, CRMA, Senior Manager at Frank Rimerman & Co LLP, began his session at the ACFE Global Fraud Conference last June asking attendees to raise their hands if they believed the Volkswagen executives didn’t know anything about the fraudulent emissions tests built into more than 11 million of their diesel cars. Only one person raised his hand. That one person may have a hard time defending himself today since the FBI arrested a Volkswagen executive (a compliance head) on conspiracy charges.

No matter if you think the executives did know about the manipulation or not, there are lessons to be learned from dissecting what could have possibly led to an ethics failure that cost $35 billion in market capital in just five days.

One way to analyze the scandal is to place it into the Fraud Triangle. Identifying the pressures, rationalizations and opportunities, as Morang did, shines a light on the dark areas that plague many companies' ethical cultures.

Pressure
According to Morang, the former CEO’s management style was ruthless. Martin Winterkorn wanted the German car giant to be the No. 1 car maker in the world and that meant making it into the U.S. marketplace with their diesel engine cars. The tone at the top was to get it done and get it done now.

In a 2015 CNBC article, Bernd Osterloh, a supervisory board member for Volkswagen, was quoted as writing in a letter to staff, "We need in future a climate in which problems aren't hidden but can be openly communicated to superiors. We need a culture in which it's possible and permissible to argue with your superior about the best way to go."

The article goes on to reference former company executives describing “a management style under Winterkorn that fostered a climate of fear, an authoritarianism that went unchecked partly due to a company structure unique in the German motor industry.” Upon Winterkorn’s resignation in September of 2015, he said that he was “not aware of any wrongdoing.”

Rationalization
To the people responsible for the manipulation of the engines, Morang said the tampering was done for what the employees under pressure thought was the greater good. They were using the same utilitarian ethics that I described in a previous post. There was a mentality that it was okay to bend the rules so that Volkswagen, and the investors, could come out ahead. In other words, the ends (larger profits, notoriety and reputation) justified the means (fraudulent emissions tests).

Opportunity
When an employee or group of employees (the investigation is still ongoing) discovered that the diesel cars could be wired to cheat emissions tests, the legs of the Fraud Triangle moved quickly into place. By adding the pressure to enter the U.S. market with the rationalization of putting the company above all else, in addition to the opportunity to fool emissions tests, the slippery slope soon looked like an easy path to take.

By understanding the pressures, rationalizations and opportunities that contributed to the actions taken either by a few or many, the top, middle or the bottom, anti-fraud professionals can take away practical tools to use when examining their own company’s ethical culture.

Nordic Compliance Professionals Prefer Web-Based Whistleblowing Channels

GUEST BLOGGER

Karin Henriksson, Founding Partner of WhistleB, Whistleblowing Centre
Whistleblowing and compliance expert

For many years, telephone hotlines have been considered the most popular form of reporting whistleblowing issues. However, WhistleB’s recent client experience in Scandinavia has indicated that reporting through online channels is equally effective.

Research conducted by the ACFE seems to corroborate this trend. For the first time, tips submitted via email (34.1%) and web-based or online form (23.5%) combined to make reporting more common through the internet than by telephone.

Against the backdrop of increasing regulation across Europe aimed at strengthening whistleblower protections, we were curious about the potential of online whistleblowing systems, based on the experience of Nordic organizations.

At the 3rd Summit on Anti-Corruption (Nordics Edition) in November 2016, we took the opportunity to ask compliance professionals directly about their preferences of whistleblowing reporting. Here is what we found:

  • Nearly 80% of respondents receive the majority of their whistleblowing reports through a web service.
  • More than three-quarters of compliance professionals surveyed said they preferred to receive reports through a web service, whereas only one in 10 preferred to receive them by phone.
  • Nearly 70% said that they manage whistleblowing cases internally; approximately 30% handle them both internally and externally.

We also surveyed our own customers during the summer of 2016. The request went out to approximately 100 organizations who told us that approximately half of the reports they received led to an anonymous dialogue between the whistleblower and the employer.

What can we learn from these results?

  1. The anonymity and security of web-based reporting channels appeals to whistleblowers, for whom blowing the whistle remains an uncomfortable step to take. Additionally, web platforms that are increasingly optimized for smartphones enable whistleblowers to more easily record and report evidence of misconduct.
  2. We believe that one of the key reasons that compliance officers prefer online reporting systems is that an online system enables them to capture information more efficiently, and subsequently handle cases more effectively with the help of a structured online process. 
  3. Nordic companies clearly prefer an internal investigation team, and the advantages thereof: the ability to extract and combine information from multiple reports and sources to find a pattern; more secure handling of information; and, cost-effective solution.
  4. Online reporting is invaluable in bringing about anonymous internal dialogue between the organization and the whistleblower.

Online whistleblowing has a firm position in the prevention of fraud. As one of our customers wrote in our summer survey, "We see that reporting increases when the employees can report with guaranteed anonymity and in their own language."

Karin Henriksson, Founding Partner of WhistleB, Whistleblowing Centre is a whistleblowing and compliance expert. Karin has previously worked in the European Union bodies, as well as at the Nordic Council of Ministers. She has for many years worked as a senior consultant in the area of ethics and compliance, helping customers set up whistleblowing centers as a part of their governance and compliance model. She is also a member of Transparency International’s whistleblowing group in Sweden.

Skype: WhistleB Karin Henriksson
E-mail: karin.henriksson@whistleb.com