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Corporate
fraud cannot be dismissed as a rare ailment affecting a handful of badly run or
unlucky companies: it is a global challenge to every modern business. The
Kroll Global Fraud Report (See: Four out
of five companies worldwide affected by fraud: Kroll Global Fraud Report)
provides a deeper understanding of the extent and nature of fraud today, and of
the strategies to fight it. It draws on decades of expertise of Kroll professionals
worldwide and on a survey of nearly 900 senior executives, commissioned from The
Economist Intelligence Unit, investigating how this issue affects their companies.
The survey results
show a widespread, expanding problem: four out of five businesses have suffered
from corporate fraud in the last three years; One in 10 large companies lose over
$100 million a year to it; about half of firms consider themselves at least moderately
vulnerable to seven different categories of fraud and 8 in 10 believe that their
overall vulnerability has grown. The
very tools and techniques used in pursuit of global opportunities complex
IT arrangements, entry into new markets, and increased collaboration are
themselves increasing risk levels. As
Jules Kroll makes clear, market turmoil inevitably uncovers cases of fraud, and
the survey suggests that many are out there to be found. There is no single, simple
solution. Although present everywhere, the face of fraud, and the best countermeasures,
vary by region, even by country, with legal systems, degrees of economic development,
technology levels, cultural norms, and history each profoundly shaping local conditions. In
a globalised world, however, criminals can use local laxity to defraud businesses
operating continents away. The survey suggests that companies treat fraud mostly
as a financial and IT issue. Both are important, but the problem is far wider.
Repeatedly,
in the different sections of this report, the following themes appear: - Fraud
will appear if you do not expect it
- Internal
controls and best practice are not optional or unnecessary burdens but essential
protections and
- Money
spent on due diligence and other preventative efforts is far cheaper than the
potential costs of doing nothing.
1
Financial Services The survey reveals a sector that, although more active
than most in addressing its vulnerabilities, faces extensive problems. It has
the highest per firm rate of loss to fraud, more than twice the norm. Moreover,
compliance breaches, internal financial fraud, information attack, and theft of
physical assets have each affected over a quarter of companies in recent years. Kroll
experts try to help investors separate real, if risky, securities from Ponzi schemes
among such investments as emerging market hedge funds. 2
Professional Services The survey shows that this industry is doing well
compared to others, suffering lower fraud, and losing per firm two-thirds less,
than other sectors. Higher than average vulnerability to IT attack and intellectual
property (IP) fraud, mixed with lower spending on appropriate defenses, however,
spark concern. Looking in detail, one specific professional key to countering
fraud, the Risk Officer, is discussed. 3
Manufacturing The survey should be a wake-up call for manufacturing companies.
This sector is less concerned about, and spends less countering, vulnerabilities
than the average, but in practice fraud is more widespread: - Theft
of physical assets hurt 47 per cent of businesses in recent years, against a 34
per cent overall average
- Corruption
and bribery 28 per cent, against 19 per cent, and
- Intellectual
property theft 23 per cent against an overall average of 13 per cent
For
those seeking to protect themselves, the report shows how analysing already existing
procurement data can catch fraud before payments are made, or even deter it from
happening. 4
Healthcare, pharmaceuticals and biotechnology Corporate fraud is a serious,
growing issue for this sector. The survey shows that it feels more vulnerable
than most, partly because it loses 75 per cent more money per firm than other
sectors. Two particular problems are compliance (31 per cent have had a failure
here recently), and IP theft (22 per cent). Companies
are doing too little in the latter as the threat grows. A study of internet pharmacies
by Mark Monitor, a Kroll Partner, shows how fraud is threatening patients, drug
distribution channels, and brand value. Kroll''s Vander Giordano then outlines
ten ways that pharmaceutical companies can protect valuable IP. 5
Technology, Media, and Telecommunications This sector feels vulnerable
to high-tech threats, such as IP theft or information attack. Companies have
invested accordingly, with some success: the percentage of firms suffering such
frauds is not dramatically higher than the overall average. Complacency,
however, may be appearing. Fewer than half of these firms are investing more in
IP monitoring. These
technologically sophisticated businesses must also be alert to traditional frauds:
according to the survey, 28 per cent have suffered from physical theft recently
and 24 per cent from procurement fraud. Robert Pé of Orrick, a law firm,
outlines the case of traditional misrepresentation against a Chinese computer
company, and Tsuyoki Sato of Kroll describes how loose controls allowed old-fashioned
window dressing and embezzlement at a Japanese media firm. 6
Natural Resources Fraud is particularly costly here: survey results showed
the loss per firm is over 70 per cent above the norm, even though the proportion
of affected companies is noticeably lower (66 per cent to 81 per cent), which
implies a very high cost per incident. The industry has noticed: existing and
planned investments in anti-fraud strategies are much more widespread than general. Corruption
and bribery is considered the sector''s biggest vulnerability, though the survey
results suggest that the biggest difference between natural resources and other
industries on this serious issue may be awareness: the proportion of firms here
affected by corruption is about average, but the percentage of those highly vulnerable
is twice the norm. 7
Consumer Goods This sector is doing the best overall according to the survey,
and fraud here is decreasing: losses are low - 9 per cent of the average -
and 32 per cent of companies surveyed suffered no fraud at all recently. This
comes from hard work: the industry''s existing and planned investment is much more
widespread than average. Such
vigilance is increasingly necessary in a globalised marketplace and the report
outlines the challenge that counterfeiting poses to governments and conclude,
along with a United States Senator, that "you better protect yourself". 8
Construction Kroll''s Blake Coppotelli, having investigated hundreds of
construction projects, has "never met one that was clean." The survey
also found fraud widespread. Vulnerability in many areas is high, exposure increasing,
and the proportion of companies defrauded well above average: theft of physical
assets has hurt 44 per cent (35 per cent is the average); corruption and bribery
33 per cent (19 per cent); and financial mismanagement 30 per cent (20 per cent).
Felipe Soares
of Kroll describes some ways that pervasive fraud enters projects, particularly
through service providers and procurement. Ian Makgill suggests some defenses
against the latter, in particular insuring probity among suppliers, while Coppotelli
outlines general strategies likely to reduce fraud and associated costs. 9
Travel, leisure and transportation This sector has a comparatively small
corporate fraud problem, but needs to increase its efforts to keep it that way.
The loss per firm is one-sixth of the norm and very few firms surveyed feel highly
vulnerable to any risk. Although
the costs per incident are still small, the above average proportion of businesses
hit by certain frauds according to the survey is worrying: theft of physical assets
(42 per cent), management conflict of interest (30 per cent); and internal financial
fraud (27 per cent). The
report says airlines, where only 40 per cent have anti-fraud programs, and explains
why they need dedicated fraud departments. The report also advises the gambling
industry that, in the face of US anti-terrorism legislation, it will need to take
further steps to protect itself against money laundering. 10
Retail, Wholesale and Distribution Overall, the survey indicates that this
sector is comparatively well off, suffering only 29 per cent of the average loss
per firm for all companies. It has, however, two areas of weakness. The first
is fraud involving the physical goods at the heart of its operations. About
one in five considers themselves highly vulnerable to physical theft and to procurement
fraud, while 44 per cent have suffered from the former in recent years, and
31 per cent from the latter. Kroll''s Richard Abbey accordingly examines what to
look for in shipping fraud, and how companies can protect themselves. The
second weaknesses, which the survey reveals, is that businesses might be too focused
on physical goods and not look at other vulnerabilities like internal controls,
for example, that has weakened at 31 per cent. Executive
summary Emerging
markets From the EIU survey data, the different fraud risks of developed
and emerging markets is discussed. It examines how cultural differences lead
to varying perceptions of fraud issues in China and the West, and advises risk
officers operating in the former. A
section deals with the extraterritorial impact of United States anti-fraud and
anti terror legislation on South American corporate governance. These pieces show
that the world is far from uniform, and that knowing where the differences lie
is essential to compete in a global economy. Fraud
prevention The report what corporate boards, faced with the demands of
Sarbanes-Oxley in the US and similar regulation elsewhere, can do to change corporate
cultures and establish a fraud control plan. It shows how the human resources
function, by simply checking the résumés of applicants, can stop
much embarrassment and potential damage, while a case study shows how essential
due diligence is in acquisitions. Time
and again, these articles demonstrate that companies too often ignore, until too
late, easily understood best practices. The result is a bill for fraud far exceeding
that of doing the right thing to begin with.
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