3.1 - Papua New Guine

Cyber Crime in Public Procurement: A Fijian Case Study on Digital Evidence

Overview

  • Author: Rashmi Aslam, Special Counsel and Deputy Executive Director, Independent Commission Against Corruption (ICAC), Papua New Guinea


Introduction

  • The case features public servants in Fiji's Accounts Section of the Public Works Department (PWD) implicated in manipulating the Financial Management Information System (FMIS).

  • They created fake purchases, collaborated with selected private entities, and garnered financial gains.

  • Charges were brought against accounts officers across six instances involving different private companies.

  • The orchestrator was the experienced Head of the Accounts Section, a certified fraud examiner.


Modus Operandi

  • The operation mirrored classic procurement fraud but exploited digital channels via FMIS.

  • Fraud included false procurement documents and collusion with corrupt companies, resulting in significant financial advantages without real transactions.

  • Over a year, more than 1 million Fijian Dollars (approx. USD 500,000) were siphoned from public funds.


Significance of the Case

  • Initially designed to curtail corruption and enhance transparency, the use of technology revealed vulnerabilities as criminals manipulated the system.

  • At the time of investigation, Fiji lacked specific cybercrime laws and methods for gathering digital evidence, necessitating reliance on general criminal procedures.

  • Investigators utilized expert witnesses to digitally recreate 101 fraudulent transactions totaling 360,000 Fijian Dollars.


Detection of the Scam

  • Strategic Item Selection: Toners and cartridges were picked to avoid suspicion due to their commonality.

  • Unusual Purchase Patterns: Purchases consistently fell between FJ$2800 to FJ$2999, just below the FJ$3000 limit, avoiding scrutiny.

  • Budget Discrepancy: Actual spending of FJ$360,000 starkly contrasted with a budget of only FJ$600.

  • The first case uncovered pointed to a broader scheme involving other corrupt companies.


Financial Management Information System (FMIS)

  • Although primarily digitized, initial requisitions still required physical documentation due to the transitional phase.

  • Physical evidence was largely destroyed during the investigation, making reliance on FMIS data critical.


Online Procurement Process

  • Creation of Purchase Orders: Accounts Officers created online purchase orders verified by the Head of Accounts.

  • Quotations: Selected officers obtained quotes and chose vendors based on cost and favor.

  • Requisitions: Manual requisitions were required to initiate the purchase process.

  • Online Payments: The payment process involved several officers and included checks and approvals to manage the fraud scheme.


Digital Crime Scene

  • Most physical evidence was destroyed; reliance on the preserved data in FMIS became essential.

  • Suspects' digital footprints created via user IDs during transactions provided crucial evidence for investigations.

  • Over 1200 digital traces, corresponding to 101 transactions, clarified the actions of those involved.


Outcome of the Prosecution

  • All defendants were found guilty after a two-month trial, leading to custodial sentences ranging from 3 to 12 years.

  • The mastermind received a 12-year sentence; subsequent guilty pleas from accounts officers resulted in parallel sentences.

  • Ongoing legal proceedings concerning implicated private companies.


Challenges

  • Digital evidence was circumstantial; sharing of user credentials complicated accountability.

  • The volume of transactions made evidence compilation lengthy, and no concessions were made by defendants.

  • FMIS had vulnerabilities that were exploited.


Conclusion

  • Technology enhances crime-fighting capabilities but is not foolproof.

  • Ultimately, human integrity remains vital for effective system operation.