Fraud Doesn’t Have to Be a Cost of Doing Business

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Zach Capers, CFE
ACFE Research Specialist

As a fraud examiner, I often see occasions when it seems that others do not recognize the seriousness of the threat posed by fraud. While Certified Fraud Examiners (CFEs) are trained to be familiar with many of the underlying causes of fraud and associated prevention strategies, fraud is too often dismissed by others as an acceptable loss or casually labeled as a cost of doing business. Moreover, management at many organizations would simply prefer to ignore these problems and absorb losses from fraud rather than open the company up to scrutiny and risk reputational harm. This frustrating attitude not only breeds an environment of indifference, but can often exacerbate the very factors that lead to fraud in the first place.

Few other industries are reputed to treat the problem of fraud with more apathy than that of construction. According to the ACFE’s 2014 Report to the Nations, 3.1 percent of all reported fraud cases occurred within the construction industry, resulting in a median loss of $245,000. Additionally, a recent Grant Thornton report found that approximately 10 percent of the global construction industry’s profits are lost to fraud — a staggering amount totaling an estimated $860 billion.

While the ACFE’s new online self-study course, Construction Fraud, might seem suited only for those people either directly or indirectly involved in the construction industry, it has been designed to be of use to CFEs of all backgrounds. One of the most interesting aspects of fraud in the construction industry specifically is the fact that, from the inception of a project to its completion, virtually every type of scheme imaginable can take place, including corruption, bid rigging and fraudulent disbursements. Furthermore, the intricacy of most construction projects requires the inclusion of numerous parties, including government officials, corporate executives, contractors, suppliers and procurement specialists to name only a few. These factors combine to form a veritable microcosm of fraud from which everyone can learn.

Perhaps it is this overwhelming complexity that causes people to view fraud as an inevitable consequence of business in not only the construction industry, but countless others as well. However, all CFEs know that the only people benefiting from fraud in any industry are the fraudsters themselves.

Fraud affects the bottom line of all companies, which in turn affects every employee, whether in the form of a decrease in benefits, a salary increase put on hold, or any number of other negative consequences. For this reason, we should never accept fraud merely as a cost of doing business and should instead endeavor to change the permissive attitudes that enable fraud at the expense of everyone else.

Fraud in Capital Projects and the Construction Process

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Denise Cicchella, CFE, CIA, CCA, PMP
CEO, Auspicium

Tishman, Bovis Lend Lease and Structure Tone are companies known around the world for their quality craftsmanship and superior quality of work, but now they are becoming known for other qualities they hope will soon be forgotten. In many construction projects, whether residential or commercial, there is money doled out to a contractor that is not earned. But over the past few years, we in the industry are seeing construction fraud schemes hit the headlines more and more.  

Take the following examples:

The benefit, if there can be a benefit from fraud, is that organizations and owners are using this as an opportunity to look for fraud, find errors and more tightly control their projects. It is no longer an environment of, “Yes, I know it is happening but what choice do I have?” It is an environment of, “Yes, I know it is happening, now what can I do to stop it or to minimize my losses?”

Some of the top areas for fraud in construction projects are duplicate payments, conflicts of interest, padded billing, fictitious vendors and payroll fraud in the form of ghost employees. Statistics on fraud versus error might be skewed, as owners are more interested in recovering money than pursuing prosecution. With that said, construction fraud and procurement fraud are still high ranking in the ACFE's Report to the Nations.

I, for one, have taken a stance to educate and train organizations about how to audit capital and construction projects, what to look for to identify a project as a problem, and the next steps to take when recoveries do not go their way. I have seen organizations take a more proactive stance in project involvement, and I have seen auditors, construction auditors or operational auditors take more of a position to question why things happen rather than just blindly accept what is said. With these steps forward, I am hopeful that we can reduce the prevalence of fraud and error in capital projects.

You can learn more about fraud in capital projects and the construction process by attending my upcoming ACFE webinar, Fraud in Capital Projects and the Construction Process, September 25, 2014, at 2 p.m. EST.