Billy Petty, CFE Austin Police Department White Collar Crime Unit. Learning Objectives

Similar documents
UNIVERSITY OF LOUISIANA AT MONROE UNIVERSITY OF LOUISIANA SYSTEM STATE OF LOUISIANA

Lackland ISD Cash Management Procedures

Audit Committee General Information:

Review of Elements of Fraud

Follow-Up of the Audit of the Orange County Clerk of the Circuit and County Courts Financial Controls and Revenue Collection Procedures

AUDIT REPORT. Audit of the Orange County Clerk of the Circuit and County Courts- Financial Controls and Revenue Collection Procedures

SIXTH DISTRICT Omega Psi Phi Fraternity, Inc. NORTH CAROLINA/SOUTH CAROLINA. Financial Procedures

Office of the Register of Wills Frederick County, Maryland

Office of the Clerk of Circuit Court Carroll County, Maryland

Office of the Register of Wills Montgomery County, Maryland

Financial Management Policies

TOWN OF HAYNESVILLE INVESTIGATIVE AUDIT ISSUED JANUARY 18, 2017

<SHOW LIST OF FRAUDULENT CHECKS>

Protecting Your Company's Value: Study of fraud trends and creating an action plan

Fraud, bribery and money laundering: corporate offenders Definitive Guideline DEFINITIVE GUIDELINE

SAMUEL H. COOPER CLERK OF THE CIRCUIT COURT FOR THE COUNTY OF ACCOMACK

Audit of the Legislative Assembly s

State of Hawaii Department of Education Standard Practice (SP) Document

Terms of Reference for the Audit Committee (approved at a meeting of the Board of Directors (the "Board") held on 20th October 2014)

Department of Public Safety and Correctional Services Central Region Finance Office

Corporate Administration Detection and Prevention of Fraud and Abuse CP3030

Austin Peay State University Audit Committee Charter

REPORT TO THE NATIONS

Fraud/ Forgery Investigation Packet Summary Form. Customer/ Claimant Information

GILLESPIE COUNTY FRAUD PREVENTION AND DETECTION POLICY

Office of the Clerk of Circuit Court Dorchester County, Maryland

LLEZELLE DUGGER CLERK OF THE CIRCUIT COURT FOR THE CITY OF CHARLOTTESVILLE

The County of Chester Office of the Controller Internal Audit Department

TOADLENA/TWO GREY HILLS CHAPTER FISCAL POLICIES AND PROCEDURES MANUAL

A Small Local Government Case Study: Did Mismanagement and Misuse of Resources Equal Fraud, Waste or Abuse?

STATE OF NEW YORK OFFICE OF THE STATE COMPTROLLER 110 STATE STREET ALBANY, NEW YORK 12236

Atlantica Yield plc. Terms of Reference Audit Committee. (May 2016) Members of the Committee shall be appointed by the Board.

Office of the Clerk of Circuit Court Baltimore City, Maryland

CHURCH LAWTON PARISH COUNCIL FINANCIAL REGULATIONS

UTPB STEM Academy Legal Policy Framework

OFFICE OF THE STATE AUDITOR

STATE OF NORTH CAROLINA

Office of the Clerk of Circuit Court Garrett County, Maryland

Form A-1: CONSTITUENCY ASSOCIATION Registration and Change Notice Form

Fraud. Original Implementation: January 28, 1997 Last Revision: November 2, 2015 INTRODUCTION

Instructions for Completing a Claim of Forged/Unauthorized/Altered Check Declaration under Penalty of Perjury ( )

Congregational Audit Guide

S U M M I T C O U N T Y, O H I O

Office of Paula S. O Neil Clerk & Comptroller Pasco County, Florida. Audit of 2009 Clerk of Circuit Court & County Comptroller Transition

Office of the Register of Wills Carroll County, Maryland

Trust accounting. A. Required records; maintenance and reporting. (1) Types of records. Every attorney subject to these rules shall maintain

STATE OF NORTH CAROLINA

City of Cave Springs, Arkansas. Financial and Compliance Report

LA14-24 STATE OF NEVADA. Performance Audit. Department of Public Safety Office of Director Legislative Auditor Carson City, Nevada

Office of the Register of Wills Calvert County, Maryland

d. Pinellas County, Florida Annual Financial Report for the Fiscal Year Ended September 30, 2010.

LA14-20 STATE OF NEVADA. Performance Audit. Judicial Branch of Government Supreme Court of Nevada. Legislative Auditor Carson City, Nevada

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA

Mecklenburg County Department of Internal Audit. Mecklenburg County Board of Elections Elections Process Report 1476

Office of the Clerk of Circuit Court Anne Arundel County, Maryland

Olathe Chamber of Commerce. Financial Policies & Procedures Handbook

IN THE SUPREME COURT OF FLORIDA (Before a Referee) No. SC Complainant, The Florida Bar File v. No ,577(17J) REPORT OF REFEREE

January Audit and Risk Committee Terms of Reference

CHARLES L. FRALEY, III CLERK OF THE CIRCUIT COURT OF THE COUNTY OF GILES REPORT ON AUDIT

Passaic Valley Regional High School District #1 AGENDA

A statement on behalf of Valerie Stamey by her attorney. June 20, 2014

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA STANLY COUNTY CLERK OF SUPERIOR COURT

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA ANSON COUNTY CLERK OF SUPERIOR COURT

100 Introduction.

Office of the Clerk of Circuit Court Baltimore County, Maryland

CONTRACT FOR PROFESSIONAL SERVICES By and between TOWN OF JONESBORO And CHIEF FINANCIAL OFFICER And LOUISIANA LEGISLATIVE AUDITOR STATE OF LOUISIANA

INVOICE 2018 MEMBERSHIP DUES

Fighting Bribery in Public Procurement: The work by OECD. by Nicola Ehlermann-Cache OECD Anti-Corruption Division

Audit & Risk Committee

City of Diamond City, Arkansas. Financial and Compliance Report

Internal Audit. Internal Audit Report. Treasury Management Audit

CYBG PLC. Board Audit Committee. Charter

INDEPENDENT ACCOUNTANTS REPORT ON APPLYING AGREED-UPON PROCEDURES

STATE OF NORTH CAROLINA

FENNER PLC JUNE The external auditor and Group Finance Director will be invited to attend meetings of the Committee on a regular basis.

The Committee was established primarily to assist the Board in overseeing the:

RISK AND AUDIT COMMITTEE TERMS OF REFERENCE

Office of the Clerk of Circuit Court Charles County, Maryland

The County of Chester Office of the Controller Internal Audit Department

NEGOTIABLE INSTRUMENTS 1

CARTRACK HOLDINGS LIMITED TERMS OF REFERENCE OF THE AUDIT AND RISK COMMITTEE REVIEWED 1 MARCH 2016

Office of the Clerk of Circuit Court Baltimore County, Maryland

STATE BOARD OF ACCOUNTS 302 West Washington Street Room E418 INDIANAPOLIS, INDIANA

Office of the City Auditor. Review of Manual Distribution of Checks

Office of the Clerk of Circuit Court Talbot County, Maryland

BADBY PARISH COUNCIL FINANCIAL REGULATIONS

NORTH CAROLINA STATE UNIVERSITY PERFORMER AGREEMENT WITNESSETH

Terms of Reference of the AstraZeneca Audit Committee

University System of Maryland University of Maryland, College Park

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA ROCKINGHAM COUNTY CLERK OF SUPERIOR COURT

Office of the Clerk of Circuit Court Calvert County, Maryland

REPORT 2013/140 INTERNAL AUDIT DIVISION. Audit of cash management in the United Nations High Commissioner for Refugees

Aptiv PLC. Audit Committee Charter

STATE OF NORTH CAROLINA

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA

GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA STATEMENT OF FINANCIAL AFFAIRS OF THE GENERAL ASSEMBLY YEAR ENDED JUNE 30, 2018

County of Chester Office of the Sheriff

FOLLOW UP AUDIT OF THE CLERK OF THE CIRCUIT COURT CIVIL COURT RECORDS SUPPORT/FAMILY SECTION

INDEPENDENT ACCOUNTANTS REPORT ON APPLYING AGREED-UPON PROCEDURES

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA

Transcription:

Billy Petty, CFE Austin Police Department White Collar Crime Unit Learning Objectives Identify red flags likely to be found in criminal acts involving crimes in which government is a victim or a tool of the crime. Describe three methods in which government offices were involved in fraudulent acts. Describe the difference between fraud and theft. Explain why a bad act may not be a criminal act. Explain the difference between information, evidence, and proof. Describe five possible responses to discovering a criminal act. 1

Case Study #1 Using government as a tool of fraud Local Austin Attorney Attorney Ad Litem for children in personal injury cases Alleged misapplication >$670,000 Misapplied money from judgments rather than remitting it to the clerk s registries Occurred for more than 10 years Detected when a child came to get his money which was not in the registry Red Flags Case #1 Attorney bringing in settlement money on old cases just before children turn 18 No reconciliation between judgments and receipts in clerk s office No Form W9s for children receiving money into the registry Single person responsible for receiving money and remitting it to the registry 2

Case Study #2 Misapplication of Government assets by a high level employee: Victim is a large government agency Defendant was a director at the agency Defendant had access to checks and was responsible for reconciliation (not an account signer) Oversight of the account was conducted through reports created by the defendant Loss was >$547,000 Occurred for more than 10 years Detected when a bank statement was misrouted Red Flags Case #2 Lack of complete segregation of duties Statements being sent to an director rather than accounting group Living beyond means Checks payable to an employee One person responsible for all aspects of the account except signature authority Paid checks removed from bank statements 3

Case Study #3 Misapplication of Government assets by a midlevel employee Victim is a small government agency Defendant was a chief clerk who received payments and issued receipts for payments and oversaw the accounting of money received by clerks Defendant took parts of cash payments received by the office Alleged misapplication >$60,000 Took place over 4+ years Amount received changed in the accounting software after receipt was printed, while the full amount was recorded in the hard copy working file Red Flags Case #3 No reconciliation between other files and the accounting software Accounting software indicated that not all of the monies had been received not reconciled against expected receipts No checks of the audit trail in the accounting software for changes to receipts Cash envelopes with alterations; or not in the handwriting of the person who received the cash 4

Other Common Red Flags Excessive check voids in ledger. Checks that do not clear Missing checks (may indicate lax controls over physical check stock) Checks payable to employees Altered endorsements and dual endorsements Customer complaints about payments not being applied correctly All questionable payees and payee address should trigger a review of the corresponding check and supporting documentation Other Common Red Flags Domination of management by a single person or a small group without compensating controls Ineffective communication, implementation, support, or enforcement of the entity's values or ethical standards by management, or the communication of inappropriate values or ethical standards. Recurring attempts by management to justify marginal or inappropriate accounting on the basis of materiality. 5

Other Common Red Flags Formal or informal restrictions on the auditor that inappropriately limits access to people, information, or limits the ability of the auditor to communicate effectively with those charged with governance Managers who are evasive in response to audit questions Management displays disrespect for regulatory bodies or rules Inexperience or lax behavior in accounting personnel Management is inexperienced Fraud & Theft Fraud An intentional perversion of the truth for the purpose of inducing another in reliance upon it to part with some valuable thing (Black s Law Dictionary, 1990) Theft The taking of property without the owners consent with the intent to deprive the owner of the value of the same (Black s Law Dictionary, 1990) 6

Criminal Acts Must be statutorily prohibited Must meet each element included in the statute Culpable mental state is an element Each element must be proven beyond a reasonable doubt Much of the interpretation of this is subjective Information, Evidence, & Proof Information Knowledge obtained from investigation, study, or instruction Evidence Evidence amounts to the information that can be put in front of a trier of fact for use in determining what occurred in the case that has been presented to them Evidence supports a conclusion Proof Proof is derived from evidence and is subjective. 7

Criminal Investigations Must be conducted separately from administrative and civil investigations Criminal investigators cannot direct administrative and civil investigators in furtherance of a criminal investigation Information flow is often one direction Confessions For confessions to be admissible Made freely without coercion Recorded properly (CCP 38.22) Be supported by other evidence 8

Response to Red Flags Do not report Investigate more Report to management Report to law enforcement Report to prosecutors Report to the media 9