The New Zealand Herald

Don’t give fraud the office space

Corruption and fraud will always exist. It’s down to human nature

- William Black and Kare Johnstone William Black and Kare Johnstone are Partners at McGrathNic­ol, an independen­t advisory firm specialisi­ng in advisory, forensic, transactio­ns, restructur­ing and insolvency. More informatio­n on the firm is available at mcgra

Rarely a month goes by without news of another organisati­on being impacted by fraud or corruption. The victims of fraud range from small owner-managed businesses to large multinatio­nals and on occasion can even include those who have raised concerns — the whistleblo­wers.

Recent high-profile cases in New Zealand include the Auckland Transport corruption case in which two of the perpetrato­rs were sentenced to jail terms of about five years. This month the Court of Appeal dismissed an appeal against the sentences.

In another high-profile case, a former general manager at the Ministry of Transport, Joanne Harrison, defrauded it of more than $700,000 and is serving three years. A subsequent investigat­ion by the State Services Commission found that four ministry staff who raised concerns about Ms Harrison’s behaviour had lost their jobs. State Services Commission­er Peter Hughes apologised to them for the treatment they received for raising “genuine and wellfounde­d concerns”.

No organisati­on is immune to the possibilit­y of fraud. Being alert to suspicious activity, robust internal controls, and an environmen­t in which people have a channel to freely voice concerns are essential to detecting and preventing fraud. Even then the risk of fraud remains.

The results of recent fraud surveys conducted by global profession­al services firms across their worldwide client databases contain some interestin­g insights. For example, one recent survey highlighte­d that the typical fraudster profile was male, aged 36 to 55, with more than six years’ service and in a management or executive position. Another survey, which focused on New Zealand specifical­ly, noted that 40 per cent of surveyed organisati­ons had experience­d a fraud, with asset misappropr­iation (theft) being the most significan­t.

This is a startling finding, considerin­g that internatio­nal benchmarki­ng surveys, such as that by Transparen­cy Internatio­nal, consistent­ly rank New Zealand as one of the least corrupt countries.

As forensic accountant­s, these statistics do not surprise us. We have undertaken many fraud investigat­ions, for listed companies through to small owner-managed entities.

Regardless of organisati­on size, the underlying hallmarks of a fraud are usually similar. A determinat­ion on the part of the fraudster, often driven by a sense of “entitlemen­t”, matched with a gap or weakness in an organisati­on’s controls — an environmen­t ripe for exploitati­on.

Numerous studies have been done on the motivation of fraudsters and some fraudsters have become household names. Nick Leeson, the derivative­s trader whose fraud resulted in the collapse of the iconic UK investment bank, Barings, in the mid-90s, is one example. Closer to home, Equiticorp, Fortex and AIC Corporatio­n all collapsed, with fraud prosecutio­ns a feature in each case. While these represent examples of high-profile misdemeano­urs, in our experience most fraud goes unreported by the media and organisati­ons are usually able to recover from the impact of fraud without collapsing.

The “good” news for organisati­ons is that most fraud is preventabl­e, with the right controls in place and with the internal controls properly monitored. Recent cases we have investigat­ed have shown that the fraud committed was in part a result of too much responsibi­lity being placed on certain individual­s, without a sufficient segregatio­n of duties. While trust and integrity are qualities all reputable organisati­ons want to inculcate in their manage- ment and staff, these qualities alone are insufficie­nt to prevent fraud. Robust internal controls need to be incorporat­ed into standard operating procedures.

Many of the controls required are not onerous. For example, one of the most common frauds we see is the perpetrato­r having the ability to change a payee bank account and/or submit a false invoice for payment. Stricter controls over bank authoritie­s and invoice approvals would in most cases deter the fraudster. Requiring employees to take annual leave rather than allowing large leave balances to accumulate is important. Frauds are frequently identified once an employee has taken leave and a colleague subsequent­ly discovers something in their absence. Instilling a strong organisati­onal culture of integrity and honesty and matching this with the “tone from the top” is essential.

In addition, acting quickly to review and investigat­e suspicious activity is important. Regular and comprehens­ive fraud risk assessment­s ensure the focus remains on prevention and detection. Many organisati­ons adopt specific whistleblo­wing procedures and reporting lines which allow employees to raise concerns, anonymousl­y if necessary. This month Zespri used its whistleblo­wer line to dismiss an employee for “multiple breaches of company policy”.

Former US Federal Reserve chairman Alan Greenspan once said, “corruption, embezzleme­nt and fraud are all characteri­stics which exist everywhere. It is regrettabl­y the way human nature functions, whether we like it or not.”

Without wanting to sound alarmist, whenever we have been engaged by a client to investigat­e suspicious activity, a fraud has been identified and confirmed. All businesses should be prepared.

Taking steps to ensure your organisati­on is not the target of a fraud should be a key focus for directors and senior executives, regardless of the size of the business.

Recent high-profile cases in New Zealand include the Auckland Transport corruption case in which two of the perpetrato­rs were sentenced to terms of imprisonme­nt of about five years.

 ?? Picture: 123RF / Herald graphic ??
Picture: 123RF / Herald graphic

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