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ETHICS FOR FRAUD EXAMINERS, FRAUD RISK ASSESSMENT
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Define Ethics
Ethics is concerned with what is right and what is wrong
The decisions fraud examiners make are important to the organizations they work for, as well as to the individuals they might be called upon to investigate
Therefore, fraud examiners are held to a
high ethical standard.
Ethics is the study of moral principles and values that govern the behaviour of individuals or groups
Ethics provides guidelines for distinguishing between right or wrong and for making decisions that are fair, responsible and accountable
It stresses the standard or code of behaviour expected by the group or profession to which the individual belong
For fraud examiners, ethics refers to the appropriateness of a decision in light of morality.
List and Explain the three key elements of Ethics
Decision problems (Questions requiring reflective choices)
Moral principles (Using right vs wrong as a guide)
Values/good (Our decisions should protect honesty, fairness and public trust)
What is the purpose of the Code of Ethical conduct?
a. REFERENCE and benchmark for ethical guidance
b. CRITERIA for conduct particular to the profession
c. Provides direct SOLUTIONS not available from general ethics theories
d. Enables individuals to know what the profession EXPECTATIONS
e. Makes practical ENFORCEMENT and profession wide internal discipline easier because members are put on notice of the standards
Define ‘The Law’
The law is the lowest reference level for moral decisions.
Define Morality
Morality refers to the underlying codes of right and wrong
Define Legality
Legality refers to lawfulness by conformity to a legal statute.
List the Eight elements of the ACFE Code of Professional Ethics
1. Commitment to Professionalism and Diligence
2. Legal and Ethical Conduct and Avoid Conflict of Interest
3. Integrity and Competence
4. Comply with Court Orders and Testimony
5. Have Reasonable Evidential Basis for Opinions
6. Keep Confidential Information
7. Complete Reporting of Material Matters
8. Professional Improvement
When was the ACFE code of professional Ethics adopted?
Jan 01, 1989 by the Board of Regents of ACFE
What is professional skepticism?
‘Something is wrong mindset’
Fraud examiners should only relax their attitude of skepticism only when the evidence shows no signs of fraudulent activity.
At no time is a fraud examiner entitled to assume a fraud problem does not exist.
Professional skepticism can be dispelled only by evidence.
Opinions or attestations about a fraud-free environment are absolutely prohibited for ACFE members
Opinions or attestations about a fraud-free environment are absolutely prohibited for ACFE members
TRUE -
Opinions or attestations about a fraud-free environment are absolutely prohibited for ACFE members
Define professionalism
Refers to the standing, practice, methods, character, qualities, or typical features of a professional or a professional organization
How do you exhibit professionalism?
Exhibited by continually striving to honor the recognition granted by the public
How can diligence be excercised?
Exercised by
PROPER PLANNING of assignments
Supervising and ASSISTING colleagues
Avoiding CONFLICTS of interest
Performing with COMPETENCE
Obtaining sufficient EVIDENCE to establish a basis for opinions
Maintaining CONFIDENTIAL relations, and
Avoiding DISTORTION of facts
How many hours of CPE is required?
20 hours
The Fraud Triangle was created by who and in what year?
The Fraud Triangle was created by a Criminologist named DONALD Cressey in the 1950’s
For a fraud to happen, three sides must be present. List them
Pressure/Motivation (‘I need’)
Oppurtunity (‘I can’)
Rationalization (‘I deserve’)
The ‘need of the hour’ is described as?
Pressure is described as the ‘need of the hour’ which can either be Non-shareable or Financial need.
Non-shareable e.g loss in gambling, affair debt
Using 6 solid points, explain ‘Opportunity’ as described in the fraud triangle
Employee believes they CANNOT GET CAUGHT
by using GENERAL INFORMATION and TECHNICAL SKILLS
Opportunity is prone to environments where there are:
- Weak Internal Controls
- No segregation of duties
- Too much trust
- Poor TONE AT THE TOP
Weak or Bad ‘Tone at the top’ is the BIGGEST RED FLAG’ of opportunity fraud.
Fraudsters use it to RATIONALIZE
Explain what you understand by RATIONALIZATION
Takes place before the crime and not after the crime
The fraudster makes the fraud look okay in their head and see themselves as a good person
Define Fraud Risk
The VULNERABILITY that an organization FACES from individuals capable of combining all the three elements of the FRAUD TRIANGLE
Types of Fraud Risk
Inherent (Before management action)
Residual (After management action)
List out the factors that influences Fraud Risk in an organization
Nature of the business
The environment in which the business operates
The Values and Ethics of the COMPANY and it’s EMPLOYEES
The effectiveness of the INTERNAL CONTROLS
In Fraud, What is FRA?
Fraud Risk Assessment
Define Fraud Risk Assessment
The CONTINUOUS ONGOING process TAILORED to a company/business to help them PROACTIVELY IDENTIFY & ASSESS both INTERNAL and EXTERNAL VULNERABILITIES
What are the red flags or considerations to look for when assessing Internal control?
Control ELIMINATED due to restructuring efforts, or downsizing
Control ERODED over time due to reengineering of business processes
Management Override (Inherent limitations of internal control)
New opportunities for collusion
Lack of Internal control in a vulnerable area
List the 8 elements of a good FRA
Collaborative effort
Right Sponsor
Independence/Objectivity
Knowledge of the business
Access to people
Endengered Trust
Think the Unthinkable
Plan to keep it alive
What are the techniques used in conducting Fraud Risk Assessments
Survey
Interviews
Focus groups
Anonymous Feedback mechanism
What are the steps in Preparing a company for FRA?
Assemble the right team to lead and consult
Determine the best technique to use
Educate the employees openly
What determines the size of the team to assemble?
The size of the team to assemble should depend on the size of the organization and methods used to assess the assessment
The team can include both Internal and External resources
Do you think the process of FRA be kept secret?
No, the process should be visible and communicated throughout the business
List the seven (7) processes in carrying out a FRA
Identify potential INHERENT Fraud Risk
Assess the LIKELIHOOD of occurrence
Assess the Fraud Risk SIGNIFICANCE to the organization
Evaluate which PEOPLE are most likely to commit the fraud and which METHOD they are most likely to use
Map out existing Preventive and Detective controls
Evaluate the effectiveness and efficiency
Identify and evaluate residual risk
Preventive controls
Intended to prevent fraud before occurrence
Detective controls
Intended to detect fraud if it occurs e.g Performing surprise audits
When assessing the significance of a fraud risk, what should be considered?
When assessing the significance, consider qualitative and quantitative factors, including:
i. Financial statement and monetary significance.
ii. Financial condition of the organization.
iii. Value of the threatened assets.
iv. Criticality of the threatened assets to the organization.
v. Revenue generated by the threatened assets.
vi. Significance to the organization’s operations, brand value, and reputation.
vii. Criminal, civil, and regulatory liabilities.
To assess the likelihood of occurrence of the identified fraud risks, what should first be considered?
First consider fraud risks to the organization on an inherent basis, without consideration of known controls.
Whistle blower hotline is a Preventive or Detective control?
Detective control
No system of internal controls can fully eliminate the risk of fraud. True or FALSE?
TRUES. No system of internal controls can fully eliminate the risk of fraud, but well-designed and effective internal controls can deter the average fraudster.
How can a well-designed and effective internal controls can deter the average fraudster?
By reducing the opportunity to commit the fraud and increasing the perception of detection reducing the organization vulnerability to fraud
Three methods of addressing identified Fraud Risks
RESPOND (Avoid, Transfer, Mitigate, or Assume)
REPORT
Make an Impact/Take an action
How to avoid an identified Risk
By eliminating an asset
OR
Discontinuing an activity
—- if the control measures required to protect the organization against an identified threat are too expensive.
How to Transfer the risk
By purchasing fidelity insurance or a fidelity bond.
How to Mitigate the risk
By implementing appropriate countermeasures, such as prevention and detection controls.
The success of FRA depends upon ?
The success of the fraud risk assessment process depends upon how effectively the results are reported and what management then does with those results.