Fraud at the Top: The Costly Effect of Fraud Committed by Owners and Executives

Fraud at the Top: The Costly Effect of Fraud Committed by Owners and Executives

Olympus scandal: $1.7 billion. Bernie Madoff’s Ponzi scheme: $65 billion. Enron’s estimated total losses: $74 billion. Occupational frauds committed by owners and executives tend to be extremely costly, but why are they more costly and how do they differ from other types of fraud?

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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


CFEs' Pledge to Protect Employees

LETTER FROM THE PRESIDENT

Fraud Magazine

James D. Ratley, CFE
ACFE President and CEO

A CEO is committing fraud. And many of the middle managers and staff members know it. What to do?

Corporate leaders have always faced pressure to tweak the ledgers to make the company goals. Since the Sarbanes-Oxley Act of 2001, organizations have implemented fraud hotlines and whistleblower protection programs to curb C-suite transgressions. However, as Bob Tie writes in Fraud Magazine's cover article, only when such resources are well-designed, implemented and managed do employees have the confidence to use them.

According to the ACFE's 2014 Report to the Nations on Occupational Fraud and Abuse, "Owners/executives accounted for less than one-fifth of all frauds, but the median loss in owner/executive cases was $500,000, approximately four times higher than the median loss caused by managers and nearly seven times that of employees." The median duration of fraud schemes perpetrated by employees was 12 months; by managers, 18 months; and by owners/executives 24 months, according to the report.

Clearly, Tie writes, organizations need to improve their employees' ability to report C-suite misbehavior. CFEs can offer guidance to employees who'll help fight fraud if they know hotlines are truly anonymous and responsive and they're convinced they'll be thoroughly protected if they come forward.

Tie quotes management consultant Warren G. Bennis: "A manager has a short-range view; a leader has a long-range perspective." 2012 ACFE Sentinel Award recipient Michael C. Woodford, then president and CEO of Japan's Olympus Corp., decided that he would be a leader and heed the fraud accusations of an anonymous Olympus employee reported in a Japanese business publication. Woodford confronted the company's board and forfeited his job. But his actions propelled the story into the media and the courts.

Tie writes that Woodford had performed well, but he wasn't born a leader. However, he became one by maintaining his integrity. "Because I was CEO of a large multinational corporation, it was much more likely that people would eventually hear me out," Woodford says in the article. "The real concern is how you make it easier to report wrongdoing for, say, a junior management accountant with three children and a big mortgage."

Indeed. CFEs' responsibilities go beyond just performing thorough fraud examinations. We have to actively encourage C-suite executives to protect employees who want to do the right thing. Our pledge to detect and deter fraud demands no less.

Read more about the fraud options of the C-suite on Fraud-Magazine.com.

Not in My House: Companies Take a Proactive Stand Against Fraud

GLOBAL SPOTLIGHT

Mandy Moody, CFE
ACFE Social Media Specialist

With the changing mindset towards the subject of white-collar crime, corporations around the world are interested in making it clear to shareholders, regulators, the media and investors that they are taking proactive measures to prevent, detect and deter fraud. And it’s no wonder, as a recent COSO study found that news of an alleged fraud resulted in a 17 percent stock price decline in the two days surrounding the announcement. It is only imaginable what a fraud conviction’s effects are on a company. Think Enron, Olympus, Parmalat and WorldCom. 

Just as the effects are becoming more profound, so are the proactive steps companies are taking to prevent fraud from happening in the first place. As the ACFE’s Marketing and Business Development Director Kevin Taparauskas, CFE, said in a blog last year about the evolution of fraud over the past 15 years, “It is no longer a question of whether it is taking place within a company, but rather what are people doing about it?”

One thing companies like Raiffeisen Bank International (RBI) are doing is joining the ACFE’s Corporate Alliance program. The program, which began as a pilot program with anti-fraud teams at USAA and Walmart, provides companies wanting to take a proactive stance against fraud the opportunity to partner with the ACFE to help educate and grow their fraud-fighting teams. Benefits of the program include access to exclusive resources, training and membership pricing.

“Fraud can seriously harm a company,” Dr. Michael Wittenburg, CFE, Head of Risk Quality & Fraud Risk Management at RBI, said. “We need to fight it in every possible manner. We hope that with this alliance we will be able to significantly improve our know-how and get access to global best practices.”

RBI is based in Austria and is one of the most recent companies to join the ACFE’s Corporate Alliance program. RBI is one of the leading banking groups in Austria and Central and Eastern Europe with more than 60,000 employees servicing about 14.2 million customers. According to Wittenburg, they plan on implementing mandatory initial and continuous fraud training to employees and hosting tailor-made advanced trainings. They also plan to make the Certified Fraud Examiner (CFE) credential mandatory for staff in their fraud risk management department. 

Read the full Global Spotlight article.

Upcoming ACFE Courses in Vancouver, Shanghai, Jakarta and Melbourne

AUTHOR’S POST

Mandy Moody, CFE
ACFE Social Media Specialist

Every country has its Enron. Or, I guess I should say its Olympus, its HSBC, its Caterpillar. The list could go on and on. Financial schemes morph, and the numbers get manipulated this way and that, but a few things remain the same. A fraud is perpetrated. The whole truth isn’t told. And, in the end, money, along with integrity, is lost.

Luckily, just as fraud knows no boundaries or borders, neither do fraud prevention and detection. For every Bernie Madoff, there are a hundred anti-fraud professionals dedicated to stopping fraud before it happens, investigating it to recover losses or helping to serve justice and restore balance. With the task of righting the financial and white-collar wrongs of the world, fraud fighters need a variety of skills. From interviewing to risk management, the tools of a fraud examiner are varied and unique.

With the goal of serving those who fight fraud worldwide, we are excited to announce a few new 2013 locations for some of our most popular courses. Below is a list of where you can find ACFE seminars around the world in the coming months: