FRAUD
Learning outcomes
• Understand and describe what Fraud is
• Describe the fraud triangle
• Understand and describe fraud personas
What is fraud
• A means used by and individual to get an advantage by false means or
  representations
• Dishonesty in the form of an intentional deception or a willful
  misrepresentation of a material fact
    • Denotes intention or willingness to deceive
ACFE- Definition of fraud
• Occupational fraud and abuse’’ (employee frauds)
    • The use of one’s occupation for personal gain through the
      deliberate misuse or theft of the employing organization’s
      resources or assets.
• Financial statement fraud:
    • 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 in
      order to deceive financial statement users.
The U.S. Supreme Court in 1887 provided a
definition of fraud in the civil sense as:
1. That the defendant has made a representation in regard to a
   material fact;
2. That such representation is false;
3. That such representation was not actually believed by the
   defendant, on reasonable grounds, to be true;
4. That it was made with intent that it should be acted on;
5. That it was acted on by complainant to his damage; and
6. That in so acting on it the complainant was ignorant of its falsity,
   and reasonably believed it to be true.
Categories of Fraud
• Corporate fraud
   • Corporate fraud is any fraud perpetrated by, for, or against a business
     corporation.
       • E.g price fixing, corporate tax evasion, violations of environmental laws, false
         advertising, and short counts and weights
       • Accounts payable clerk creating a fictitious vendor and paying him
• Management fraud
   • Management fraud is the intentional misrepresentation of corporate or unit
     performance levels perpetrated by employees serving in management roles
     who seek to benefit from such frauds in terms of promotions, bonuses or
     other economic incentives, and status symbols.
   • E.g. Manipulating accounting records to overstate profits
External Fraud
• Fraud perpetrated by parties external to the organization
   • vendors, suppliers, contractor frauds etc
      • short shipping goods, substituting goods of inferior quality, overbilling, double billing,
        billing but not delivering or delivering elsewhere
   • Customer frauds
      • Customer corruption of employees
   • Vendor, supplier, and contractor corruption of employees
The Fraud Triangle
1. Pressure (incentive or motivation)
   • something that has happened in the fraudster’s personal life that
     creates a stressful need that motivates him to steal
   • motivation centers on some financial strain caused by various
     factors, drug addiction, gambling etc
   • Some times incentives also provide pressure- performance
     bonuses, stock values, etc
Fraud Triangle
2. Rationalisation (Of ethical values)
   • Justification of actions that are objectively criminal
      •   I am just borrowing, I will repay
      •   No one will be hurt
      •   I am entitled,I work so hard (administering fair treatment)
      •   I will not personally benefit- will give to the poor
Fraud triangle
3. Opportunity (and knowledge)
   • Perpetrator is in a position of trust
   • employees and managers who have been around for years know quite well
     where the weaknesses are in the internal controls and have gained sufficient
     knowledge of how to commit the crime successfully.
Scope of Fraud
• Scope happens in all kinds of business settings
   •   Large Companies
   •   State owned Corporations
   •   NGO’s
   •   Small businesses
The Fraud Tree (ACFE)
• Students to research!!
• ACFE has developed a model for categorizing known frauds that it
  calls the fraud tree, which lists about 49 different individual fraud
  schemes grouped by categories and subcategories
• The three main categories are
1. fraudulent statements,
2. asset misappropriation,
3. corruption.