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The New Zealand Governance Centre -White Collar Crime and Serious Fraud Conference
July 2010
Alex TanForensic Services
PricewaterhouseCoopersJune 2010
Slide 2Fraud Partners Group meeting
Alex Tan
• Director Forensic Services PwC• Master of Arts, University of Auckland• Master of Criminology, Southern Pacific University• Investigator, Serious Fraud Office• Detective Superintendent, Royal Hong Kong Police• Certified Fraud Examiner• Board Member Transparency International (NZ)• Board Member – Australasian Chapter of the Association of
Certified Anti-Money Laundering Specialists
PricewaterhouseCoopers July 2010
Slide 3
The New Zealand Governance Centre
Detecting fraud – firstly, is there a problem in NZ?
PricewaterhouseCoopers July 2010
Slide 4
The New Zealand Governance Centre
Detecting fraud – firstly, is there a problem in NZ?
• How do we detect something before we know if there is a problem?
PricewaterhouseCoopers July 2010
Slide 5
The New Zealand Governance Centre
Detecting fraud – firstly, is there a problem in NZ?
• How do we detect something before we know if there is a problem?• NZ Herald headlines in February 2010
- IHC manager admits to fraud- Banker admits $18m fraud charges- Firm’s $450K lost in scam- ASB profit lost to tax and fraud- DHB fraudster escapes extra jail- Investment agent admits $580,00 fraud- Couple in spotlight as $12m vanishes- Ex mortgage manager fined over alleged fraud
PricewaterhouseCoopersJune 2010
Slide 6Fraud Partners Group meeting
2009 PwC Global Economic Crime Survey
• 5th biennial fraud survey – 2nd that is NZ specific
• 3,000 organisations across 55 countries – 85 in NZ
• Largest sectors in NZ that took part:
• Government & public sector (21.2%)
• Financial services (16.5%)
• Retail & consumer (10.6%)
• Insurance (8.2%)
PricewaterhouseCoopersJune 2010
Slide 7Fraud Partners Group meeting
2009 Global Economic Crime Survey
• Fraud is a fact of business life – 42% of organisations experienced fraud in last 12 months.
• Average loss over 12 months - $492,000
• Largest loss over 12 months – in excess of $7 million
Organisations reporting suffering actual occurences of economic crime
30%
24%
40%
42%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
% respondents who experienced economic crimes within the last 12 months
New Zealand
Australia
Asia Pacif ic
Global
PricewaterhouseCoopersJune 2010
Slide 8Fraud Partners Group meeting
Do we really have a higher incidence of fraud?
• HK Police & NZ Police statistics for year to 30 June 2009: Total crime reported – 78,661 v 442,540 (x5.6) Fraud/dishonesty – 5,014 v 13,651 (x2.7)
PricewaterhouseCoopersJune 2010
Slide 9Fraud Partners Group meeting
2009 Global Economic Crime Survey – who are the perpetrators?
Profile of internal fraudsters
7.5
17
74.5
11
35
54
0 10 20 30 40 50 60 70 80
Senior
man
agemen
t
Middle
manage
ment
Junio
r staf
f mem
bers
Inte
rnal
per
petr
ator
% reported fraud
20092007
PricewaterhouseCoopersJune 2010
Slide 10Fraud Partners Group meeting
2009 Global Economic Crime Survey – how was fraud detected?
Detection Methods
11
11
39
7
4
7
20
0
33
36
6
6
14
6
0 5 10 15 20 25 30 35 40 45
Others
By accident
Tip-off (internal, external orformal whistleblowing
mechanism)
Change of personnel/duties
Electronic, automatedsuspicious transaction
reporting systems
Risk management, includingpreventive fraud risk
management
Internal audit
% companies
20092007
Corporate controls
Corporate culture
Beyond the influence of management
PricewaterhouseCoopers July 2010
Slide 11
The New Zealand Governance Centre
Corruption – are we as good as we are perceived?
PricewaterhouseCoopersJune 2010
Slide 12Fraud Partners Group meeting
Bribery & corruption – what about NZ?
• According to Transparency International, NZ is perceived as the country with least corruption.
• Bribery & corruption essentially contained in sections 99 –106 of the Crimes Act
• Covers bribery of a foreign official • No specific mention of financial penalties• Private sector corruption is dealt with by the Secret
Commissions Act 1910- Maximum penalty 2 years & $1,000 fine
• Are NZ companies at risk?
PricewaterhouseCoopersJune 2010
Slide 13Fraud Partners Group meeting
Bribery & corruption – what about NZ?
PricewaterhouseCoopersJune 2010
Slide 14Fraud Partners Group meeting
Bribery & corruption – what about NZ?
• Percentage of NZX50 companies prohibit both the giving and receiving of bribes
0
10
20
30
40
50
60
70
80
New Zealand Australia UK US Europe
% o
f com
pani
es
PricewaterhouseCoopersJune 2010
Slide 15Fraud Partners Group meeting
Bribery & corruption – what about NZ?
• Inclusion of ethics aspects in NZX50 Codes of Conduct
0
10
20
30
40
50
60
70
80
90
Conflicts ofinterest
Obeying lawsand regulations
Regulating gifts Bribery Regulatesfacilitationpayments
% o
f Com
pani
es In
clud
ing
Ele
men
t
PricewaterhouseCoopers July 2010
Slide 16
The New Zealand Governance Centre
Some thoughts on prevention/detection
PricewaterhouseCoopers July 2010
Slide 17
The New Zealand Governance Centre
Fraud risk reviews – what are they?
• Often part of the internal audit programme
• High level review of an organisation’s anti-fraud & corruption regime
• Will normally benchmark against Standards Australia
• From the 2009 fraud survey:
• Increase in number of organisations undertaking FRA (7%-14%)
• 29% not undertaken a FRA in previous 12 months
• 53% only performed it once in last 12 months
PricewaterhouseCoopers July 2010
Slide 18
The New Zealand Governance Centre
Key elements to an effective Fraud & Corruption Control Strategy
Prevention• Senior
management commitment
• Line management accountability
• Internal control• Assessing fraud
risk• Communication &
awareness• Employment
screening• Supplier and
customer vetting
Planning• Fraud Control
Plan• Review of Fraud
Control Plan• Fraud control
resources• Internal audit
activity in control of fraud
Detection• Implementing a
fraud detection program
• Role of the external auditor
• Avenues for reporting suspected fraud
• Whistleblower / protected disclosure system
Response
• Investigation• Internal reporting
and escalation• Disciplinary
procedures• External reporting• Civil action for
recovery of losses• Review of internal
controls• Fidelity insurance
Standards Australia(AS8001-2008)
How
do
you
undertake
fraud
risk
PricewaterhouseCoopers July 2010
Slide 19
The New Zealand Governance Centre
What does this mean in practice?
• Set the tone at the top – ensure that management clearly communicate fraud expectations
• Have a simple fraud policy
• Put in place a whistleblower regime (be aware of limitations of PDA)
• Have a Code of Conduct (endorsed by executive, annual training)
• Raise the general awareness of fraud & corruption across your organisation
• Have a robust pre-employment screening process
• Keep a close eye on contracts and contract letting – contract register, conflicts register, gift register etc
• Map your ‘as is’ payroll & AP processes and identify weaknesses
• Identify key fraud & integrity risks –include looking at your supply chain
• Do operational & finance staff are the first line of defence. Do they receive training to help identify fraud & integrity risks?
• Conduct forensic data analytics – not only of the structured data but also consider unstructured data
• Have a response plan for when issues occur
• How do you deal with government officials both here and overseas?
PricewaterhouseCoopers July 2010
Slide 20
The New Zealand Governance Centre
Alex Tan
• Director Forensic Services PwC• Master of Arts, University of Auckland• Master of Criminology, Southern Pacific University• Investigator, Serious Fraud Office• Detective Superintendent, Royal Hong Kong Police• Certified Fraud Examiner• Board Member Transparency International (NZ)• Board Member – Australasian Chapter of the Association of
Certified Anti-Money Laundering Specialists
PricewaterhouseCoopers July 2010
Slide 21
The New Zealand Governance Centre
Alex Tan
• Director Forensic Services PwC• Master of Arts, University of Auckland• Master of Criminology, Southern Pacific University• Investigator, Serious Fraud Office• Detective Superintendent, Royal Hong Kong Police• Certified Fraud Examiner• Board Member Transparency International (NZ)• Board Member – Australasian Chapter of the Association of
Certified Anti-Money Laundering Specialists
© 2004 PricewaterhouseCoopers. All rights reserved. “PricewaterhouseCoopers” refers to the network of member firms of PricewaterhouseCoopers International Limited, each of which is a separate and independent legal entity. *connectedthinking is a trademark of PricewaterhouseCoopers. P w C
Alex Tan(09) 355 8502
Thank you