Showing posts with label Anti Fraud. Show all posts
Showing posts with label Anti Fraud. Show all posts

Friday, May 01, 2015

A Greek tragedy and an EU crime

Cayman Financial Review
By: L. Burke Files & Mike J. MASOUD 
April 22, 2015


Let’s start with being provocative: The utterly corrupt path leading to the Greek debt default theater is filled with faux EU pressures, chicanery and bribes, overt and implied, by all 11 sides. 

So what are the corrupt paving stones that make up the path to debt perdition?

1981 

It all started with Greece’s membership in the European Community. The EU membership entitled Greece to European Regional Integration funds, the Delors Package I. It also brought new sources to borrow from abroad. In 1981 Greek public debt was €8.5 billion (22.8 percent of Greece’s GDP), by 1991 it was €48 billion (71 percent of GDP). This is a full 10 years before Greece was made a full member of the EU. Did Greece have the institutional capacity to absorb these funds without corruption? Did anyone think to ask?

January 2001 

Greece became the 12th member of the eurozone. While many fretted about such an economically weak country joining the euro, Wim Duisenberg, then president of the European Central Bank, assured all that Greece, with the EU’s help, would continue with improvements to its economy that would make euro membership appropriate.

At the time, Greece touted its fiscal reforms to cut the government budget deficit, privatizations and labor market reforms. Today those are the same areas where the troika has demanded action and the Greek government resisted.

2004 

Greece admits it may have fudged its bona fides a bit to gain access to the EU club. It seems that since 1999 Greece has not met the deficit target of 3 percent of GDP that applies to all prospective and current members.

As commentators have pointed out, this was in part a consequence of a toothless Eurostat, the EU agency that monitors economic statistics, which was wholly reliant on the data provided by the national governments.

As Matina Stevis pointed out in The Guardian in 2011, “In a time when the EU issues regulations on the permissible size and shape of fruit, there are no excuses for not having in place a strict framework for the generation of statistical information.”

2004 to 2009 

Greece is a big spender. Athens hosted the Olympics at extravagant expense. The estimated cost of the Olympic Games is a stunning $14 - 15 billion. No game in the history of the Olympics has lost more than a tenth of that. Associated Press reported in 2012 that eight years after the Olympic Games many of the facilities were left vacant and rotting.

Many Greeks, even the head of the International Olympic Committee, say hosting the 2004 Olympics contributed to the country’s debt crisis. The Olympic Games was such a bank buster that it was the tipping point starting Greece’s downward slide into debt perdition.
 
During this time, the Greek government was the third largest arms importer after China and India. As part of an earlier rescue program, Greece agreed to cut its defense spending from over 7 percent of GDP to 4 percent of GDP, which is still twice the euro-zone average. In the three years leading up to the bailout, 2007 through 2009, Greece averaged over $10 billion per year in military spending. Who were the winners? The French and German arms manufacturers. In fact, Greece was Germany’s largest arms buyer for this entire time period.

Elected in October of 2009, Georgios Papandreou’s government within days discovered that the prior administration had been “playing with the books” and the Greek deficit as a percentage of GDP was revised and doubled overnight to 12.7 percent of GDP – more than 300 percent over target. At the end of this five-year spending party, Greece became the first nation to have its sovereign debt rating cut to below investment grade.

2010 

This was the year of bailout for the county. Papandreou’s administration cut the budget by 10 percent, froze wages and increased taxes.


Monday, December 24, 2012

The American Anti-Corruption Institute (AACI) in the MENA Region


This is a short and partial coverage about the AACI participation in an international conference in Palestine, Middle East and Africa, in November 2012. — in Ramallah, Palestine.

Wednesday, December 05, 2012

Fraud in the private and nonprofit sector

Internal control, decision making, and effective management are at the core of fighting fraud in the private and nonprofit sector. It is unfortunate that management and those charged with governance do not give sufficient attention to the importance of the linkages between internal control and decision making.

Internal control is the foundation of the decision making and decision making processes. Effective decision maker should be able to consume effectively and efficiently reliable and proper information. Unless private and nonprofit management have effective decision makers, they will continue to suffer from all kinds of fraud that will cost their stakeholders too much money, pain, and most importantly trust in the justification of their existence.

I wrote this commentary based on the following article that appeared in "THE ATLANTA JOURNAL-CONSTITUTION"  

Fraud in the private and nonprofit sector, December 4, 2012



Friday, May 11, 2012

To prevent fraud, offer a hotline, train employees on fraud prevention, report says

To prevent fraud, offer a hotline, train employees on fraud prevention, report says


"For all geographic regions, corruption and billing schemes comprised more than 50% of the frauds reported to the ACFE, making those types of schemes a worldwide risk.

The ACFE survey also found that:

  • Small businesses are particularly vulnerable to fraud because they often have fewer resources and less effective fraud controls than larger organizations.
  • In 49% of cases, the victim organization had recovered no losses from fraud at the time of the survey. Just 16% reported recovery of 100% of losses.
  • As in 2010, accounting was the most common area of employment for perpetrators, representing 22% of cases. Operations ranked second at 17%.
  • Behavioral red flags most commonly associated with perpetrators were: living beyond their means (36%) and financial difficulties (27%)."

As the report was issued buy the ACFE on May 10, 2012, I will read it and provide my insights at a later time this month. I would like to assert the fact that is clear enough for us as experts in fighting fraud and corruption: The most effective fraud prevention and detection is Whistle Blowing ( Tips and Hotline).

Thursday, April 12, 2012

U.S. Leads Anti-Corruption Efforts


“We have an interest in reducing poverty and sparking economic growth around the world."


President Barack Obama poses for a group photo with leaders attending the Open Government Partnership in New York, Tuesday, Sept. 20, 2011. (AP Photo/Pablo Martinez Monsivais)


The United States has made fighting corruption around the globe a high priority.  “We have an interest in reducing poverty and sparking economic growth around the world,” said U.S. Secretary of State Hillary Clinton, “in creating greater security, prosperity, and even peace. And we know that corruption and the lack of transparency eats away like a cancer at the trust people should have in their government. Corruption stifles entrepreneurship and siphons funding away from critical services.” 

American businesses are also less likely to invest in countries where corrupt public officials take advantage of their positions for self-enrichment.  And when some multinational companies take advantage of this dynamic to obtain business, it tilts the playing field against U.S. companies and others that act according to a high ethical standard.

In an effort to mobilize a global consensus in support of greater transparency, the U.S. and Brazil launched the Open Government Partnership.  It is a network of support for government leaders and citizens working to bring more transparency and accountability to governments.  In total, 53 countries and dozens of civil society organizations are taking part and will convene next on April 17-18 at the initiative’s first High Level Summit. 

International cooperation to combat corruption takes many forms.  Our work to promote implementation of the UN Convention against Corruption, the most comprehensive and globally applicable set of international anticorruption commitments, involves over 150 countries and includes sharing good practices and participating in peer reviews. At the Organization for Economic Cooperation and Development, Colombia and Russia are on the path to becoming full parties to the Anti-bribery Convention.
The United States is encouraging China, India, Indonesia, and Saudi Arabia to join the convention as well. Another mechanism for fighting corruption is the Deauville Partnership, which works with Arab states on anticorruption, open government, and asset recovery efforts.  

Modern technology has already provided simple and effective means of cutting down on some forms of corruption.  In Afghanistan, for examples, members of the national police force are now being paid by mobile phone instead of in cash, which has cut down markedly on opportunities to exact bribes. 

Corruption is part of human nature, but we are now in a position to make even greater progress in the fight to stop it.  International cooperation, strong partnerships with civil society around the world, and the skillful use of modern technologies can all play key roles in this effort.

Source: http://www.voanews.com/policy/editorials/US-Leads-Anti-Corruption-Efforts--146744495.html

My Comments: 

I think that the US can make more than what it does to push forward the international efforts to fight fraud and corruption globally. Fighting fraud and corruption is a strategic security goal for each country all over the globe. In my opinion, countries that do not show real, proper, adequate, and enough efforts towards joining the international community efforts in fighting fraud and corruption should be punished by the international community. 

Finally, I believe that the US aids to countries should be based on these countries efforts towards fighting fraud and corruption. The Us should not foster its ties with corrupted countries or regimes. This applies not only for the Us, but also to each country that donates its taxpayers money to developing countries. 


Friday, March 30, 2012

What Should We Know About Corruption in the Public Sector?



Corruption is a form of fraud. It is a misuse of public office for private gains. The process of corruption usually has three parties involved: the public official who is entrusted by the public to carry our specific duties, the public who entrusted the public official, and citizen or a firm. Each of us knows for a fact that corruption has significant negative impacts on growth: all kinds of growth. Empirical studies have shown that corruption reduces incentives to invest, worsens the public infrastructures and services, decreases tax revenues and distorts the composition of government spending.

Corruption usually leads to bribery or extortion. Bribery is a situation when a person or entity gets something illegally that (s)he / it is not entitled to. Extortion is a situation when a person or entity pays to get what  (s)he / it  is entitled to. This distinction is very important especially for government officials who are responsible to set up strategies to fight corruption. 

What a government should do to fight corruption? What public should do to fight corruption? 

Among what a government can do are the following:

  1. Establish and maintain effective anti fraud commission (AFC). The legal system should enable the AFC maintains its independence. Otherwise, the effectiveness of the AFC would be impaired.

  1. Establish and maintain internal control systems that are designed specifically to deter, prevent, and detect corruption.

  1. Establish a whistle blow system in each governmental entity. This is one of the most effective tools to discover corruption.

  1. Promote fraud and corruption educational programs at the national level.

  1. Engage universities and academia in fighting corruption.

  1. Provide a healthy environment to enable the civil society play its normal monitoring role regarding the performance of the public sector.

  1. Enhance the legal system to provide a strong framework for all stakeholders.

  1. Establish code of ethics in each governmental entity that promotes anti corruption practices.

  1. Instill accountability for each post in the government. Transparency is a prerequisite to have accountability functions as intended.

  1. Promote good governance

  1. Obtain a financial position of the public official at the time (s)he starts business in the government and when  (s)he  leaves  (s)he  post.

  1. Fight the conflicts of interest that  prevails in too many corrupted governments worldwide

Fighting corruption is not a program that will start at a point and ends at another. It is a national strategy that should start soon and does not stop at any time in the future. Corruption will never be eliminated. It will stay as there are societies alive. A government should not manage corruption, it should minimize it.

Corrupted people are not corrupted by nature. They were not born corrupted. There were motives and opportunities that helped them to pursue their corrupt acts. However, what motivates a fraudster in Mexico may not motivate a fraudster in Cameron. Therefore, Corruption should first be diagnosed professionally and properly, then policies should be established based on strategies to minimize this phenomenon.

The answer to the question I raised regarding what you should know about corruption in the public sector is it depends on where you stand in the process: public official, public, citizen or a firm. It is evident that if there is no citizen or a firm in the process, there will never be corruption. That is why the public (the government) should ensure that they listen to its citizens and its firms.

If you are a government official, do not say it is complex and cannot be solved; you should say why we have corruption and how we should fight it. Unless you face it seriously, you may end with a situation like Egypt or at the best like Greece.

Mohammed J. Masoud, CPA, CFE, CICA, MBA
Managing Director
Birzeit Consulting ME
Tempe, Arizona
USA

Published on June 9, 2011 in the Financial Gazette newspaper-Harare as a part of the 3rd Forensic Conference for Africa “Fighting Fraud/Corruption and Money Laundering in Africa Using Investigative Skills". The title of the paper we presented was “Preventing and Detecting Fraud/Corruption in the Public Sector."

Friday, March 23, 2012

Insider Trading Ban for Lawmakers Clears Congress

Insider Trading Ban for Lawmakers Clears Congress


In my opinion, it is an excellent move in the right direction. I think that the spirit of this legislation should be adopted by legislators of each country to combat corruption. Though, I know there is more to be done in this regard. 


"Senator Susan Collins, Republican of Maine, who helped write the bill, explained the surge in support. “At a time when public confidence in Congress is at an all-time low,” Ms. Collins said, “we must remove any doubt that the law and rules against insider trading apply to members of Congress.”"


"the bill requires lawmakers to disclose the purchase or sale of stocks, bonds, commodities futures and other securities within 45 days of transactions, rather than once a year as they now do. The information will be posted on the Web."

"Senator Joseph I. Lieberman, independent of Connecticut and the chief sponsor of the measure, said it was “the most significant Congressional ethics legislation we’ve adopted in at least five years.” "


Monday, March 19, 2012

Report: South Carolina government is ripe for corruption - KansasCity.com

Report: South Carolina government is ripe for corruption - KansasCity.com

This news tells a lot about what makes corruption in any state or public sector entity. If this happens in the US, I think that it may be worse in other parts of the world especially in developing countries.

Friday, March 02, 2012

Good leadership key to containing corruption, says DPM Teo - Channel NewsAsia

Good leadership key to containing corruption, says DPM Teo - Channel NewsAsia

"SINGAPORE: Public sector employees account for an average of 7.5 per cent of the total number of people prosecuted by the Corrupt Practices Investigation Bureau (CPIB) over the past three years.

Deputy Prime Minister Teo Chee Hean, who revealed this in Parliament on Thursday, said this figure has remained stable.

He outlined various outreach efforts by CPIB in curbing corruption, including talks to government agencies, business community and even schools.

Mr Teo, who is also Minister-in-Charge of the Civil Service, said while the Civil Service is governed by a Code of Conduct, what's important is good leadership at the top.

Mr Teo said: "Our zero tolerance approach to corruption in the public and private sectors can only work if Singaporeans continue to be imbued with the right values, and recognise that whilst corruption may be a fact of life, it is not our way of life in Singapore.

"There are a number of factors which contribute to this. Good, competitive salaries in the public sector are a key pillar. And I think we need to maintain that. But that is not enough.

"As Professor (Eugene Tan) Tan has said, strong enforcement is necessary as well. We also require good leadership by example at the top, as well as a population which rejects corruption and does not accept any form of corruption at all.""

My Comments:

Tone will always be at the top. This is the basic and most important parameter that forms the foundation for an effective fighting fraud and corruption in both public and private sectors. I would like to reassert what has been stated above regarding the effective fighting fraud and corruption so that one can benchmark other countries with those of Singapore:

  1. While the Civil Service is governed by a Code of Conduct, what's important is good leadership at the top.
  2. Our zero tolerance approach to corruption in the public and private sectors can only work if Singaporeans continue to be imbued with the right values, and recognise that whilst corruption may be a fact of life, it is not our way of life in Singapore.
  3. Good, competitive salaries in the public sector are a key pillar. And I think we need to maintain that. But that is not enough. 
  4. Strong enforcement is necessary as well
  5. Good leadership by example at the top
  6. Population which rejects corruption and does not accept any form of corruption at all

Wednesday, January 25, 2012

Fraud Examination: What it Takes


ACFE President Offers Career Advice


Fraud Examination: What it Takes

" Top Skills Needed

FIELD: What do you see as the most critical skills for the people getting into the field now?
RATLEY: I gave some thought to that because I've been asked that many times in the past. The fraud-examination field is comprised of a wealth of talent, but a wealth of specialized skills. We have attorneys that are involved in it. We have accountants that are involved in it. We have investigators, IT professionals. But the backbone of the fraud-examination profession is the investigative skills. And the more of these segments that you can put in your arsenal - the forensic IT specialists - there's a big demand for those now, someone that can come in and conduct an examination on a computer and retrieve deleted information. That's a very hot area right now. But if you take the forensic IT specialist and you provide them with investigative skills, they're even more sought after. The same thing with an auditor or a CPA - if you take an auditor or CPA and train them as an investigator, they're much, much more effective as a fraud examiner, and as a result they're in much greater demand."
This is part of a recent interview with Mr. Ratley, the ACFE president, ( see source below). 
I think that as fraud and corruption became a global phenomenon, fraud examiners need to have  collective skills that will make their activities more effective and efficient. In addition to what Ratley stated in the interview, I think a fraud examiner needs to have, among other personal skills, the following know how and skills:
  1. Internal control
  2. International business ( culture, values, and ethics)
  3. Due diligence
  4. Statistics
I would like to reiterate what Rately asserted and emphasized that  the Investigative skills are at the core of the fraud examiner arsenal.


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 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