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Addressing theft in the workplace
FRAUD CASE study
Financial Frauds Essay
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Embezzlement is financial fraud and is often executed in a way that is premeditated, systematic and/or methodical with the explicit intent to conceal the activities from other individuals, usually because it is being done without the other individuals’ knowledge or consent. Embezzlement “often involves the trusted individual embezzling only a small proportion of the total of the funds that he/she control in an attempt to minimize the risk of the detection of the misallocation of the funds or resources. When successful, embezzlements continue for years without detection. It is often only when a relatively large proportion of the funds are needed at one time or they are called upon for another use that the fraud is discovered (Wikipedia). This essay will present John F. Doorly’s and Minnie Mangum’s schemes as examples of embezzlement and discuss preventive measures.
Starting in 1973 as a clerk, John F. “Jack” Doorly rose to the level of chief operating officer of the trust management company Tenens Corp., dba Essex Street Associates where he managed the assets of more than 100 heirs of the late Boston-area industrialist, Frederick Ayers, for 33 years and gained their trust and confidence to the point that his operations were not scrutinized in any meaningful manner (Marquet).
According to court records found by Marquet, Doorly spent the last seven years systematically transferring trust funds to his own accounts, had personal credit cards paid for by the company and overcharged the trusts for his services and expenses, all of which totaled to $61 million. In order to conceal his schemes, Doorly sent fraudulent statements to the Ayer family members. He also used these to deceive the outside auditors and limited the scope of their au...
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...y (Marquet).
Internal controls such as separation of duties are common defenses against embezzlement. This significantly reduces the change of theft, because of the added difficulty in arranging such a conspiracy and the likely need to split the proceeds between the two employees, which reduces the payoff for each. Another obvious method to deter embezzlement is to regularly and unexpectedly move funds from one entrusted person to another when the funds are supposed to be available for withdrawal or use, to ensure that the full amount of the funds is available and no fraction of the savings has been embezzled by the person to whom the funds or savings have been entrusted (Wikipedia). If the companies that Doorly and Mangum had implemented just one of these techniques, it would have been harder for them to be victims of embezzlement.
Works Cited
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marquet
Debra became the assistant vice-president and manager of energy lending of a Canadian Western Bank on January 31, 2006. Within a month Debra set up her embezzlement scam by creating two corporations that the embezzled funds would be funnelled too. Debra set up an account in a woman’s name using the woman’s GIC (guaranteed investment certificate) which was worth 8 million dollars. Debra started with 100,000 dollars in a line of credit using the woman’s name and increased it 6 times until the line of credit reached $950,0000 on November 6, 2007. Additionally, Debra arranged for 5 new accounts in the same woman’s name with a total deposit of $16.4 million. Debra made 72 unauthorized withdrawals from the fake account in the two year time frame of the scam. She kept the scam going by transferring money from the
This seems to be a very pessimistic technique on the outside, but as I said before, any person can be a thief; an old lady, a religious man, or a student. Controlling from the inside, for example limiting cash, mandating dual signatures on business checks or accepting invoices reduce the opportunity for fraud to happen drastically. 7 Bigger enterprises have delicate areas such as “information security areas; video surveillance of sensitive areas, key control, clear employment policies, etcetera serve to limit temptation; the possibilities are limited only by the imagination and budget” (Larson, 1985).
In recent years, it seems as if there is a new financial fraud being reported any given day. One could even say that fraud has become almost a much a surety as taxes. Given the opportunities and pressures, many will businesses will fall victim to human natures and suffer losses through fraudulent activities. This case study will follow one such fraud, following the crimes of Terry Scott Welch in his pursuit for happiness by indulging his passion of landscaping.
Weld, L. G., Bergevin, P. M., & Magrath, L. (2004). Anatomy of a financial fraud. The CPA
Taking a look at Donald Cressey’s hypotheses which is now known as the fraud triangle depicts the certain criteria for the mind frame of the fraudster. The fraud triangle is a theory that consists of perceived pressures, perceived opportunity, and rationalization. It gives us the different pressures placed on individuals that would make them consider “cooking the books.” It also demonstrates where the possible opportunity lies so that we may take precautions to eliminate the opportunity. Last, it demonstrates how a fraudster rationalizes with themselves to make committing the fraud okay. Donald Cressey believes all three elements must be present for fraud to occur. Upper management is usually the focus of financial statement fraud because financial statements are done at the management level. So in this case financial statement fraud was committed by the CEO Gregory Podlucky
John Rigas started Adelphia Communcations in 1952 with the help of two partners, but soon bought it out. The company was taken public in 1986 and as a result would have to abide by the regulations of the SEC. By the early 2000s, Adelphia was one of the top cable companies in the United States. This was the peak of a corporation that would begin a downward spiral over the first half of 2002 as a result of fraudulent use of the company’s assets at its’ shareholders expense. Members of the Rigas family drove the company to bankruptcy through rampant spending of company funds on personal expenditures (Barlaup, 2009). These expenditures included the likes of gross misuse of the company’s aircraft for personal trips by members of the Rigas family and the construction of a personal golf course on the family’s private land (Markon, 2002). This was accomplished after careful manipulation of the company’s reported numbers and fabrication of transactions within the company. Co-borrowing and self-dealing were commonplace in this time period that resulted in over 2 billion dollars’ worth of debt. All this was done under the nose of shareholders and culminated in an insurmountable debt that would lead the company to bankruptcy and to the imprisonment of multiple members of the Rigas family (Barlaup, 2009).
Throughout history there have been many white collar crimes. These crimes are defined as non-violent and financial-based crimes that are full ranges of fraud committed by business and government professionals. These crimes are not victimless nor unnoticed. A single scandal can destroy a company and can lose investors millions of dollars. Today, fraud schemes are more sophisticated than ever, and through studying: Enron, LIBOR, Albert Wiggan and Chase National Bank, Lehman Brothers and Madoff, we find how the culprits started there deception, the aftermath of the scandal and what our country has done to prevent future scandals.
Madura, Jeff. What Every Investor Needs to Know About Accounting Fraud. New York: McGraw-Hill, 2004. 1-156
[17] Robert K. Elliot, CPA and John J. Willingham PhD, CPA, Management Fraud: Detection and Deterrence. New York: Petrocelli Books, Inc., 1980, pp. vii.
Most people consider this crime to consist of CEO’s manipulating their way to making a large fortune. This of course, is true most of the time in high-profile cases. For example, in late 2001 Enron Corporation executives confessed to overstating the company’s earnings. This lead to artificially inflating what the company was worth and deceived the investors. It took some time to unravel all the fraud put behind this devious act but shows how sophisticated white-collar crime can be. Although it’s usually associated with upper management of corporations, people from all different levels and occupations can perform this crime ("How White-collar Crime Works").
Last year we had a member of our executive management team terminated. He was found to have been stealing money from the company for several years to the tune of around $80,000. He was the leader of our business development team, and would purchase personal items and write them off as business expenses. Essentially what he did was hide the personal expenses in his large business expense reports. Groups provide a shield of anonymity so that someone who ordinarily might be afraid of getting caught for stealing can rely on the fact that other group members had the same opportunity or reason to steal (Robbins & Judge, 2009). This particular employee was able to hide most of his transactions as other members of the group also had large business expenses. How could this have been prevented? It is important to establish a "zero-tolerance" program regarding employee theft. Make sure that it is understood, during orientation that the company will take legal action against employees caught stealing (Walsh, 2000). In addition a team built on a covenant requires more than just a loose and vague commitment to the relationship; on the contrary, entering into a covenantal relationship requires steadfast and active commitment (Fischer, 2012) thus providing the group with a mutual
The Tyco accounting scandal is an ideal illustration of how individuals who hold key positions in an organization are able to manipulate accounting practices and financial reports for personal gain. The few key individuals involved in the Tyco Scandal (CEO Kozlowski and CFO Swartz), used a number of clever and unique tactics in order to accomplish what they did; including spring loading, manipulating their ‘key-employee loan’ program, and multiple ‘hush money’ payouts.
Embezzlement is described in the book Criminology Today by Frank Schmalleger as, ”The unlawful misappropriation for personal use of money, property or other thing of value entrusted to the offender’s care, custody, or control”. One well known embezzlement case was discovered in 2008, it was perpetrated by Ausaf Umar Siddiqui a Pakistani American, better known a...
Prior to 2000, Enron was an American energy, commodities and service international company. Enron claimed that revenue is more than 102 millions (Healy & Palepu 2003, p.6). Fortune named Enron “American most innovative company” for six consecutive years (Ehrenberg 2011, paragraph 3). That is the reason why Enron became an admired company before 2000. Unfortunately, most of the net income for the years 1997-2000 is overstated because of unethical accounting errors (Benston & Hartgraves 2002, p. 105). In the next paragraph, three main accounting issues will identify for what led to the fall of Enron.
The principle territory we are planning to address is accounting fraud and how it could impact an organization by answering, the who, what, when and how. Its goal is to increase the awareness of accounting fraud and fraud counteraction. The intriguing thing about accounting fraud is that little disclosure as a rule usually leads to an enormous increase in fraud. A number of categories and sub-categories can be divided up for fraud.