Saturday, December 31, 2011

The Architecture of Fraud and Corruption


Addressing the fraud and corruption phenomenon needs more than just reactive acts. It needs a comprehensive, thoughtful, and thorough study and analysis of the entity's or country's socioeconomic circumstances. However, there must be a real and sincere political will to fight fraud and corruption.

This is what is called the "Architecture of Fraud and Corruption". One needs to start from these basic understanding.

. Corruption of principles. According to Zekos (2004, p. 644), only the harmonization of ethical principles in business could contribute to stop the use of corruption methods. In other words, the corruption of principles could only be annihilated through the introduction of universal ethical principles.
. Corruption of moral behavior. Zekos (2004, p. 641) mentioned the ethical dilemma business corporations have to deal with: either, business leaders as well as their employees are choosing the most profitable course of action, although it implies unethical behavior, or they conform themselves to their personal and organizational ethical norms. In both cases, there is a high risk that their choice could “drive their company out of business”. In the first case, because of the legal pursuits against the company; in the second case, because of the loss of its competitiveness on the globalized markets.
. Corruption of people. Zekos (2004, p. 644) said that small-scale corruption will be very difficult to stop.
. Corruption of organizations. Zekos (2004, p. 639) said that in business corporations, corruption creates more uncertainties about the expected level of profits, so that business leaders tend to undertake “loss-avoiding behaviours” which are either expensive, or inefficient, or both. Indeed, as rightly said Zekos (2004), corruption reduces competitiveness. Only those competitors who can pay large bribes can actually compete. The other potential competitors are automatically excluded from the market. Corruption is an anti-trust behaviour. Zekos (2004, p. 641) added that corruption erodes public confidence in the market. The final effect is that people no longer trust business leaders and,progressively, any other representative of social authority.
. Corruption of states. According to Z ekos (2004, pp. 639-41), in corrupt societies, government bureaucrats are only focusing on their growing economic power, so that their competence is no longer developed as it should be. He defined “transnational corruption” as the bribery of government officials by foreign businesses. He said that such corruption makes national economies less efficient. People are thus no longer trusting their political leaders and public servants.

Zekos, G.I. (2004), “Ethics versus corruption in globalization”, Journal of Management Development, Vol. 23 No. 7, pp. 631-47.
Dion, M. 2010, "What is corruption corrupting? A philosophical viewpoint", Journal of Money Laundering Control, vol. 13, no. 1, pp. 45-54.

Friday, December 23, 2011

Don't Mention It: How 'Undiscussables' Can Undermine an Organization

Article Image


These are parts of an article that was published December 20, 2011 in Knowledge@Wharton. My comments follow in red.

"After everything falls apart, the failures to act become obvious: Why didn't somebody at Penn State do more to pursue allegations that former assistant football coach Jerry Sandusky was sexually abusing young boys? Didn't anybody at MF Global Holdings notice that something was wrong before $1.2 billion in customer cash disappeared? Why, decade after decade, didn't anyone at Olympus protest $1.7 billion in accounting irregularities?

"Why was there almost a conspiracy of silence?".......

Most experts agree that leaders must set the tone for the entire organization, work to elicit discussion about taboo topics and maintain transparency about how they respond to any concerns........Companies should also establish metrics, routines, audits and incentives to help identify problems and suggest areas of change, says Wharton management professor Lawrence G. Hrebiniak, who has acted as a consultant to dozens of companies such as General Electric, AT&T, Microsoft and DuPont. When top management diligently works to measure performance, elicit feedback and respond openly to problems when raised, it can usually make progress, Hrebiniak has found. "Control systems are important to implementing strategy and identifying problems," he says.

The caveat, of course, is that leaders need to pay attention to the facts. "In two cases, I've reported data to top management and they disinvited me from a strategic session," Hrebiniak recalls. "Some of the problems that were identified seemed to suggest poor leadership from the top.... They didn't want it to come out on their watch."

When companies have a culture in which managers are "more interested in hiding things than solving problems," there is little anyone can do to help, Hrebiniak says. "You need top management to react strongly. If they bury the stuff, they're dead.""

It is unfortunate that management usually discusses the undiscussables too late. It is evident that it will always be true that tone prevailing at the top is what sets other tones across each layer in any entity. 

Top management will always be responsible and accountable about the culture and ethical values in their entities. I would like to reiterate the fact that controls in general and internal control systems in specific will be of no value when top management does not support such control systems. Mere compliance with all kinds of polices, rules, and regulations is not enough. Great leadership is an ethical leadership that has no taboos when it comes to group politics and internal politics. Group loyalty may sometimes be a sort of collusion rather than any thing else. 

I do believe that unless top management leads by example at the highest ethical standards and supports each member their staff to speak up about each and any suspected immoral, unethical or corrupted acts, the collapse of such entities will be devastating and a matter of time




Friday, December 09, 2011

60 Minutes: Congress legalized insider trading




'60 Minutes' on " Honest Graft". This is not a soft graft. It is corruption based on any definition of corruption. Congress men and women should be brought to justice for any kind of misconduct including corruption. More is mentioned in this video.  













Lobbyist , Congress, Corruption: Stop Corruption in Washington DC


Crooked lobbyist Jack Abramoff explains how he asserted his influence in Congress for years, and how such corruption continues today despite ethics reform.

Thursday, December 08, 2011

Anti-Corruption Links

Anti-Corruption Intergovernmental Organisations

Other International Organisations
Other Organisations by Country

Albania

Supervision of the internal audit
http://www.klsh.org.al/index.php?l=e
Argentina
Anticorruption Office, Ministry of Justice and Human Rights
http://www.anticorrupcion.gov.ar/
General Audit of the Republic of Argentina
http://www.agn.gov.ar/
Supreme Court of Justice (Corte Suprema de Justicia). Available only in Spanish
http://www.csjn.gov.ar/
Trust in Argentina (Confianza en Argentina). Available only in Spanish
http://www.fidentia.org.ar/seccs/carta.htm
Austria
Federal Bureau for Internal Affairs
http://www.bia-bmi.at/
Australia
Independent Commission against Corruption
http://www.icac.nsw.gov.au/
Brunei
Anti-Corruption Bureau
http://www.anti-corruption.gov.bn/
Brazil
Controladoria-Geral da União - CGU
http://www.cgu.gov.br/
Public Ministry campaign-"O que você tem a ver com a corrupção"
Bulgaria
Financial Intelligence Agency
http://www.fia.minfin.bg/
Anti-corruption Coordination Commission
http://www.anticorruption.bg/index_eng.php
China
Independent Commission Against Corruption (ICAC)
http://www.icac.org.hk/eng/main/
Colombia
Presidential Programme to the Fight Against Corruption (Programa Presidencial de Lucha contra la Corrupción)
http://www.anticorrupcion.gov.co/
Transparency for Colombia (Transparencia por Colombia)
www.transparenciacolombia.org.co
Ecuador
Comisión de Control Cívico de la Corrupción
http://www.comisionanticorrupcion.com/
El Salvador
Hong Kong
Hong Kong's Independent Commission against Corruption (ICAC)
http://www.icac.org.hk/eng/welc/index.html
India
Central Vigilance Commission
http://cvc.nic.in/
Department of Public Enterprises
http://www.dpe.nic.in/
Election Commission
http://www.eci.gov.in/
List of Agencies in the Government of India Fighting Corruption
http://www1.oecd.org/daf/asiacom/countries/index_ID.htm
Indonesia
Indonesian Corruption Eradication Commission (CEC), Komisi Pemberantasan Korupsi (KPK)
http://www.kpk.go.id/
Italy
Per una Cultura dell'Integrità nella Pubblica Amministrazione", Scuola Superiore della Pubblica Amministrazione (SSPA)
http://integrita.sspa.it/
Korea
Anti-Corruption and Civil Rights Commission(ACRC)
http://www.acrc.go.kr/eng_index.html
Liberia
Center for Transparency and Accountability in Liberia (CENTAL)
Malaysia
Mexico
Comisión Intersecretarial para la Transparencia y el Combate de la Corrupción (CITCC)
http://www.programaanticorrupcion.gob.mx/
The Republic of Montenegro Agency for Anti-Corruption Initiative
Information in English and Crnogorski
New Zealand
State and Service Commission, Integrity and Conduct
http://www.ssc.govt.nz/display/document.asp?navid=273
E-government in New Zealand
http://www.e.govt.nz/
Paraguay
Integrity National Plan (Plan Nacional de Integridad). Available only in Spanish
http://www.pni.org.py/Index.htm
Contraloría del Paraguay
http://www.contraloria.gov.py/
Peru
Anti-corruption National Commission (Comisión Nacional Anticorrupción)
http://www.cn-anticorrupcion.gob.pe/
Philippines
Transparent Accountable Governance
http://www.tag.org.ph/about/default.htm
Sierra Leone
Singapore
Corruption Practices Investigation Bureau
http://app.cpib.gov.sg/newcpib/user/default.aspx?pgID=21
South Africa
Public Service Commission
http://www.psc.gov.za/
Thailand
Office of the National Counter Corruption Commission
http://www.nccc.thaigov.net/nccc/en/main_eng.php
U.S.A
U.S.A. Senate Committee on Foreign Relations (Combating Corruption in the Multilateral Development Banks)
http://foreign.senate.gov/about.html
Interagency Ethics Council: Standards of conduct for federal employees
http://www.iecjournal.org/
IGnet - Federal Inspectors General
http://www.ignet.gov/igs1.html
Office of Government Ethics
http://www.usoge.gov/index.html
United States Department of Commerce Office of General Counsel
http://www.ogc.doc.gov/ethics.html

Tuesday, December 06, 2011

SAY NO TO CORRUPTION



UNODC has produced a video spot to illustrate that people are not simply at the mercy of corruption, and often have the power to say NO. UNODC urges broadcasters to air the video spot in support of the campaign.

THE SECRETARY-GENERAL MESSAGE ON INTERNATIONAL ANTI-CORRUPTION DAY-Everyone Has Duty to Stamp Out ‘Cancer of Corruption’, Says Secretary-General In Message, Urging All to Crack Down on It, Shame Those Who Practise It



December 6, 2011

"Corruption is a threat to development, democracy and stability.  It distorts markets, curbs economic growth and discourages foreign investment.  It erodes public services and trust in officials.  And it contributes to environmental damage and endangers public health by enabling the illegal dumping of hazardous waste and the production and distribution of counterfeit medicines.
The United Nations Convention against Corruption has helped the public sector to make progress in deterring these crimes.  Last year, the Convention's States parties, which now number 148, established a peer review mechanism to identify gaps in national anti-corruption laws and practices -- a major breakthrough that can help governments halt bribe-taking and the embezzlement of public funds.
The private sector's contribution is also essential.  Corruption acts as a hidden overhead charge that drives up prices and erodes quality without any benefit to producers or consumers.  Preventing corruption makes good business sense.  Increasingly, investors are factoring not only environmental, social and governance considerations into their decision-making, but sound ethical performance as well.
I call on business leaders worldwide to denounce corruption and to back their words with strict prohibitions against it.  They should adopt anti-corruption policies in line with the United Nations Convention and put in place the necessary checks to strengthen integrity and transparency.  I also urge corporations to work more closely with the United Nations on this issue.  In particular, they should consider joining the UN Global Compact, the world's largest corporate sustainability initiative, which provides participants with tools to fight all forms of corruption, including extortion and bribery.
What we urge upon the public and private sectors, we at the United Nations must practice ourselves.  An ethical organizational culture is one of the best antidotes to corruption.  The United Nations Ethics Office promotes accountability, integrity and transparency.  A thorough policy protects staff against retaliation if they report misconduct or participate in audits and investigations that may expose unethical behaviour.
The United Nations is also working to combat corruption in the conduct of its activities, including procurement, by ensuring individual accountability, collaborating with law enforcement officials, and investigating all possible instances of corruption that may arise.  On 8-9 December at UN Headquarters in New York, the UN Office of Internal Oversight Services is bringing together organizations from around the world for a conference aimed at strengthening the role of internal investigations in combating corruption.
On this International Anti-Corruption Day, let us all do our part to foster ethical practices, safeguard trust and ensure no diversion of the precious resources needed for our shared work for development and peace."

Friday, December 02, 2011

Analysis: MF Global proves Enron-era accounting lives on

The sign marking the MF Global Holdings Ltd. offices at 52nd Street in midtown Manhattan is seen in New York November 2, 2011.  REUTERS/Shannon Stapleton

Thu Dec 1, 2011 5:09pm EST
Like its predecessors, the bankrupt brokerage formerly run by Jon Corzine took advantage of an accounting maneuver to keep certain financial obligations off its books, making the firm look less indebted and thus less a risk than it really was.
On Thursday, Mary Schapiro, chairman of the Securities and Exchange Commission, told a committee of Congress the SEC was investigating the accounting treatment that helped mask MF Global's exposure to risky foreign sovereign debt.


The Enron Collapse: A Look Back - Investopedia.com

The Enron Collapse: A Look Back - Investopedia.com

Dec. 2, 2011 marks the 10-year anniversary of the Enron Corporation's filing for Chapter 11 bankruptcy protection in a New York court, a move that sparked one of the largest and most complex bankruptcies in U.S. history. Headquartered in Houston, Enron was an energy, commodities and services company that had employed close to 22,000 people and had revenues of nearly $101 billion in 2000, shortly before its downfall.


Sunday, November 06, 2011

Test Your IQ about Fraud and Corruption


The objective of this exercise is to test your knowledge about fraud and corruption preventive and detective measures.

Click here

Saturday, November 05, 2011

Why Peter Drucker Distrusted Facts - Stephen Wunker - Harvard Business Review

Why Peter Drucker Distrusted Facts - Stephen Wunker - Harvard Business Review

"In a time of major shifts in our economy, when disruptive forces seem to lurk around every corner, Drucker's insight of nearly 40 years ago is more pertinent than ever. By all means, find the facts and create agreement. But first know the opinions and seek dissent."

Eid Adha Mubarak

Dear colleagues, friends, and customers,

We wish you and your families happy holidays and Eid Adha Mubarak.








Monday, August 29, 2011

Birzeit Consulting Partners in the 4th Forensic Conference For Africa - Accra - Ghana

Birzeit Consulting will be participating as a partner in the 4th Forensic Conference Fro Africa titled " Fighting Fraud  / Corruption and Money Laundering in Africa Using Investigative Accounting Skills to enhance Operating efficiency"  in Accra - Ghana during the period  December 5 - 9, 2011. Birzeit Consulting will be participating by several of its associates and experts coming from the United States of America, the United Kingdom, and Jordan. The chief international speaker at the conference would be Mr. Mohammed J. Masoud, CPA, CFE, CICA, MBA, co-founder and managing director of Birzeit Consulting. He is an adjunct professor at the Arab American University, serves as an ACFE advisory board member, and a board member of the Arab Accountants Union (AAU) in Egypt.   Participants will be from several African, Middle Eastern, and European countries.
The guest of honor of the conference would be Mr. Adu Anane Antwi, BSc, LLB, MBA, CA, Director General of the Securities & Exchange Commission-Ghana.
The conference detailed brochure and its condensed one can be found when you click on each of them. For registration, please contact O'Sullivan Associates Ltd, our partner in Kenya.