The document discusses fraud and error in financial reporting. It defines fraud as intentional deception for financial gain, while error is unintentional and can arise from mistakes. There are two types of fraud-related misstatements: those from misappropriating assets and those from fraudulent financial reporting. The fraud triangle is also summarized, which explains that fraud occurs when individuals face pressure/incentives, see opportunities, and rationalize their actions.
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Fraud and Error
The document discusses fraud and error in financial reporting. It defines fraud as intentional deception for financial gain, while error is unintentional and can arise from mistakes. There are two types of fraud-related misstatements: those from misappropriating assets and those from fraudulent financial reporting. The fraud triangle is also summarized, which explains that fraud occurs when individuals face pressure/incentives, see opportunities, and rationalize their actions.
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FRAUD AND ERROR
FRAUD
is an intentional act involving the use of
deception that results in a material misstatement of the financial statements MISSTATEMENT
- a DIFFERENCE between the amount,
classification, presentation or disclosure of a reported financial statement item and the amount, classification, presentation, or disclosure that is required for the item to be in accordance with the applicable financial reporting framework FRAUD Is an intentional act by one or more individuals among management, those charged with governance, employees, or third parties involving the use of deception to obtain an unjust or illegal advantage.
• management fraud – fraud involving one or more members
of management or those charged with governance • employee fraud – fraud involving only employees of the entity
• In either case, there may be collusion within the entity or with
third parties outside of the entity TWO TYPES OF MISSTATEMENTS
a. Misstatements arising from
misappropriation of assets, and b. Misstatements arising from fraudulent financial reporting ERROR
is an unintentional misstatement in the
financial statements, including the omission of an amount or disclosure ERROR
- May arise from:
• Mathematical or clerical mistakes in the underlying records and accounting data; • An incorrect accounting estimate arising from oversight or misinterpretation of facts; • Mistake in the application of accounting Intent to deceive is what distinguishes fraud from errors.
Auditors routinely find financial errors in
their client’s books, but those errors are not intentional. Your Picture Here And Send To Back
TYPES OF MISSTATEMENTS MISSTATEMENTS ARISING FROM MISAPPROPRIATION OF ASSETS
• Asset misappropriation occurs when a perpetrator
steals or misuses an organization’s assets. • Asset misappropriations are the dominant fraud scheme perpetrated against small business, and the perpetrators are usually employees. It can be accomplished in various ways, including embezzling cash receipts, stealing assets, causing the company to pay for goods or services that were not received, or using an entity’s assets for personal use. MISSTATEMENTS ARISING FROM MISAPPROPRIATION OF ASSETS
Asset misappropriation commonly occurs when employees:
• Gain access to cash and manipulate accounts to cover up cash thefts • Manipulate cash disbursements through fake companies • Steal inventory or other assets and manipulate the financial records to cover the fraud MISSTATEMENTS ARISING FROM FRAUDULENT FINANCIAL REPORTING
• Is the intentional manipulation of reported financial
results to misstate the economic condition of the organization • The perpetrator of such a fraud generally seeks gain through the rise in stock price and the commensurate increase in personal wealth. Sometimes, the perpetrator does not seek direct personal gain, but instead uses the fraudulent financial reporting to “help” the organization to avoid bankruptcy or to avoid some other negative MISSTATEMENTS ARISING FROM FRAUDULENT FINANCIAL REPORTING
• Three common ways in which fraudulent financial
reporting can take place include: • Manipulation, falsification (including forgery), or alteration of accounting records or supporting documentation from which the financial statements are prepared. • Misrepresentation in, or intentional omission from the financial statements of events, transactions or other significant information. • Intentional misapplication of accounting principles Your Picture Here And Send To Back
THE FRAUD TRIANGLE
THE FRAUD TRIANGLE
• Is a model for explaining the factors that cause someone
to commit occupational fraud. It consists of three components which, together, lead to fraudulent behavior.
(Association of Certified Fraud Examiners)
THE FRAUD TRIANGLE
• The fraud triangle originated from Donald Cressey’s
hypothesis:
“Trusted persons become trust violators when they
conceive of themselves as having financial problem which is non-shareable, are aware this problem can be secretly resolved by violation of the position of financial trust, and are able to apply to their own conduct in that situation verbalizations which enable them to adjust their conceptions of themselves as trusted persons with their conceptions of themselves as users of the entrusted funds THE FRAUD TRIANGLE INCENTIVES OR PRESSURES TO COMMIT FRAUD
• Incentives relating to asset misappropriation
include: • Personal factors, such as severe financial considerations • Pressure from family, friends, or the culture to live a more lavish lifestyle than one’s personal earnings allow for • Addictions to gambling or drugs INCENTIVES OR PRESSURES TO COMMIT FRAUD • Incentives relating to fraudulent financial reporting include: • Management compensation schemes • Other financial pressures for either improved earnings or an improved balance sheet • Debt covenants • Pending retirement or stock option expirations • Personal wealth tied to either financial results or survival of the company • Greed – for example, the backdating of stock options was performed by individuals who already had millions of pesos of wealth through stock Risk Factors Relating to Misstatement Arising from the Fraudulent Financial Reporting
1. Threatened financial stability or profitability brought
about by economic, industry, or entity operating conditions such as: a. High degree of competition or market saturation, accompanied by declining margins b. High vulnerability to rapid changes. c. Significant declines in customer demand and increasing business failures in either the industry or overall economy. d. Operating losses making the threat of bankruptcy, foreclosure or hostile takeover imminent. e. Recurring negative cash flows from operation or an inability to generate cash flows from operations while reporting earnings and earning s growth. f. Rapid growth or unusual profitability especially compared to that of other companies in the same industry. Risk Factors Relating to Misstatement Arising from the Fraudulent Financial Reporting
2. Excessive pressure from management to meet the
requirements or expectations of third parties due to the following: • Profitability or trend level expectations, including expectations created by management. • Need to obtain additional debt or equity financing to stay competitive. • Marginal ability to meet exchange listing requirements or debt repayment or other debt covenant requirements. • Perceived or real adverse effects of reporting poor financial results on significant pending transactions, Risk Factors Relating to Misstatement Arising from the Fraudulent Financial Reporting
3. Threatened personal financial situation of
management or those charged with governance relative to the entity’s financial performance due to: • Significant financial interests in the entity • Significant portions of their compensation being contingent upon achieving aggressive targets • Personal guarantees of debts of the entity. OPPORTUNITIES TO COMMIT FRAUD
One of the most fundamental and consistent findings in
fraud research is that there must be an opportunity for fraud to be committed. Although this may sound obvious – that is, “everyone has an opportunity to commit fraud” – it really conveys much more.
It means not only an opportunity exists, but either
there is a lack of controls or the complexities associated with a transaction are such that the perpetrator assesses the risk of being caught as low. Some of the opportunities to commit fraud that the top management should consider include the following:
• Significant related-party transactions
• A company’s industry position, such as the ability to dictate terms or conditions to suppliers or customers that might allow individuals to structure fraudulent transactions • Management’s inconsistency involving subjective judgments regarding assets or accounting estimates • Simple transactions that are made complex • Complex or difficult to understand transactions, such as financial derivatives or special-purpose entities • Ineffective monitoring of management by the board, either because the board of directors is not independent or effective, or because there is a domineering manager • Complex or unstable organizational structure • Weak or nonexistent internal controls RATIONALIZING THE FRAUD
• Is the belief that a fraud has not really been
committed. For example, the perpetrator rationalizes that “This is not a big deal!” or “I am only taking what I deserve.” (IFAC Guide, Volume 2, Third edition, page 90)
• For asset misappropriation, personal
rationalizations often revolve around mistreatment by the company or a sense of RATIONALIZING THE FRAUD
Common rationalizations for asset misappropriation:
• Fraud is justified to save a family member or loved one from financial crisis • We will lose everything (family, home, car, and so on) if we don’t take the money. • No help is available from outside. • This is “borrowing,” and we intend to pay the stolen money back at some point. • Something is owed by the company because others are treated better. • We simply do not care about the consequences of our RATIONALIZING THE FRAUD
For fraudulent financial reporting, the rationalization
can range from “saving the company” to personal greed, and may include the following: • This is a one-time thing to get us through the current crisis and survive until things get better. • Everybody cheats on the financial statements a little; we are just playing the same game. • We will be in violation of all of our debt covenants unless we find a way to get this debt off the financial statements • We need a higher stock price to acquire company XYZ, or RISK FACTORS CONTRIBUTORY TO MISAPPROPRIATION OF ASSETS
Misappropriation of assets involves the theft of an entity’s
assets and is often perpetrated by employees in relatively small and immaterial amounts. However, it can also involve management who are usually more able to disguise or conceal misappropriation in ways that are difficult to detect. Misappropriation of assets can be accompanied in a variety of ways including: • Embezzling receipts (for example, misappropriating collections on accounts receivable or diverting receipts in respect of written-off accounts to personal bank accounts) • Stealing physical assets or intellectual property (for example, stealing inventory for personal use or for sale, stealing scrap for resale, colluding with a competitor by disclosing technological data in return for payment) • Causing an entity to pay for goods and services not received (for example, payments to fictitious vendors, kickbacks paid by vendors to the entity’s purchasing agents in return for inflating prices, payments to fictitious employees) • Using an entity’s assets for personal use (for example, using the entity’s assets as collateral for a personal loan or a loan RISK FACTORS CONTRIBUTORY TO MISAPPROPRIATION OF ASSETS
Misappropriation of assets is often accompanied by false or
misleading records or documents in order to conceal the fact that the assets are missing or have been pledged without proper authorization. RISK FACTORS CONTRIBUTORY TO MISAPPROPRIATION OF ASSETS A. Incentives/Pressures
1. Personal financial obligations may create pressure on management or
employees with access to cash or other assets susceptible to theft to misappropriate those assets 2. Adverse relationships between the entity and employees with access to cash or other assets susceptible to theft may motivate those employees to misappropriate those assets. For example, adverse relationships may be created by the following: a. known or anticipated future employee layoffs; b. recent or anticipated changes to employee compensation or benefit plans; c. promotions, compensation, or other rewards inconsistent with RISK FACTORS CONTRIBUTORY TO MISAPPROPRIATION OF ASSETS B. Opportunities
1. Certain characteristics or circumstances may increase the
susceptibility of assets to misappropriation. For example, opportunities to misappropriate assets increase when the following situations exist: a. large amounts of cash on hand or processed b. inventory items that are small in size, of high value, or in high demand c. fixed assets which are small in size, marketable, or lacking observable identification of ownership RISK FACTORS CONTRIBUTORY TO MISAPPROPRIATION OF ASSETS 2. Inadequate internal control over assets may increase the susceptibility of misappropriation of those assets. For example, misappropriation of assets may occur because of the following: a. Inadequate segregation of duties or independent checks b. Inadequate oversight of senior management expenditures, such as travel and other reimbursements c. Inadequate management oversight of employees responsible for assets, for example inadequate supervision or monitoring of remote locations d. Inadequate job applicant screening of employees with access to assets e. Inadequate records keeping with respect to assets RISK FACTORS CONTRIBUTORY TO MISAPPROPRIATION OF ASSETS
g. Inadequate physical safeguards over cash, investments,
inventory, or fixed assets h. Lack of complete and timely reconciliation of assets i. Lack of timely and appropriate documentation of transactions, for example, credits for merchandise returns j. Lack of mandatory vacations for employees performing key control functions k. Inadequate management understanding of information technology, which enables information technology employees to perpetrate a misappropriation l. Inadequate access controls over automated records, including RISK FACTORS CONTRIBUTORY TO MISAPPROPRIATION OF ASSETS C. Attitudes/Rationalizations
1. Disregard for the need for monitoring or reducing risks related to
misappropriation of assets 2. Disregard for internal controls over misappropriation of assets by overriding existing controls or by failing to correct known internal control deficiencies 3. Behavior indicating displeasure or dissatisfaction with the entity or its treatment of the employee 4. Changes in behavior or lifestyle that may indicate assets have been misappropriated 5. Tolerance of petty theft RISK FACTORS CONTRIBUTORY TO FRAUDULENT FINANCIAL REPORTING Fraudulent financial reporting may be accomplished by the following:
• Manipulation, falsification(including forgery), or alteration
of accounting records or supporting documentation from which the financial statements are prepared. • Misrepresentation in, or intentional omission from the financial statements of events, transactions or other significant information. • Intentional misapplication of accounting principles relating to amounts classification, manner of presentation or • Fraudulent financial reporting involves intentional misstatements including omissions of amounts or disclosures in financial statements to deceive financial statement users. • It can be caused by the efforts of management to manage earnings in order to deceive financial statement users by influencing their perceptions as to the entity’s performance and profitability. Such earnings management may start out with small actions or inappropriate adjustment of assumptions and changes in judgments by management. • Pressures and incentives may lead these actions to increase to the extent that they result in fraudulent financial reporting. Such a situation could occur when, due to pressures to meet market expectations or a desire to maximize compensation based on performance, management intentionally takes positions that lead to fraudulent financial reporting by materially Your Picture Here And Send To Back
Fraud, whether fraudulent financial reporting
or misappropriation of assets, involves incentive or pressure to commit fraud, a perceived opportunity to do so, and some rationalization of the act. INCENTIVE/PRESSURE
• May exist when management is under pressure, from
sources outside or inside the entity, to achieve an expected (and perhaps unrealistic) earnings target or financial outcome – particularly since the consequences to management for failing to meet financial goals can be significant. OPPORTUNITIES
• A perceived opportunity to commit fraud may exist when an
individual believes internal control can be overridden, for example, because the individual is in a position of trust or has knowledge of specific weaknesses in internal control. Fraudulent financial reporting often involve management override of controls that otherwise may appear to be operating effectively. Fraud can be committed by management overriding controls using such techniques as: • Recording fictitious journal entries particularly close to the end of an accounting period. • Inappropriately adjusting assumptions and changing judgments used to estimate account balances. • Omitting, advancing or delaying recognition in the financial statements of events and transactions that have occurred during the reporting period. • Concealing or not disclosing facts that could affect the amounts recorded in the financial statements. • Engaging in complex transactions that are structured to misrepresent the financial position or financial performance of the entity. RATIONALIZATIONS
• Individuals may be able to rationalize committing a
fraudulent act. Some individuals possess an attitude, character, or set of ethical values that allow them knowingly and intentionally to commit a dishonest act. However, even otherwise honest individuals can commit fraud in an environment that imposes sufficient pressure on them. RESPONSIBILITY FOR THE PREVENTION AND DETECTION OF FRAUD
The primary responsibility for the prevention and detection of
fraud rests with BOTH those charged with governance of the entity and management.
It is important that management, with the oversight of those
charged with governance, place a strong emphasis on fraud prevention, which may reduce opportunities for fraud not to take place, and fraud deterrence, which could persuade individuals not to commit fraud because of the RESPONSIBILITY FOR THE PREVENTION AND DETECTION OF FRAUD
This involves a commitment to creating a culture of honesty
and ethical behavior which can be reinforced by an active oversight by those charged with governance. In exercising oversight responsibility, those charged with governance consider the potential for override of controls or other inappropriate influence over the financial reporting process, such as efforts by management to manage earnings in order to influence the perceptions of analysts as to the entity’s performance and profitability. Your Picture Here And Send To Back
Synthesis:
The fraud triangle identifies incentives,
opportunities, and rationalizations as the three elements associated with most frauds. Describe how each of these elements is necessary for fraud to occur.
Letter to the FBI, US Attorney, NMAGO and NM Auditor regarding the hiring by Governor Susana Martinez of several family members of Ruben Maynes one of the state police that accompanied Chuck Franco to Louisiana