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Facilitated by Goldengate Consulting - PowerPoint Presentation

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Facilitated by Goldengate Consulting - PPT Presentation

September 2012 Introduction Governance Ethics Risk and Fraud Governance Ethics Risk and Fraud Objectives Objectives To understand the concepts of corporate governance ethics risk and fraud ID: 232023

ethics risk fraud governance risk ethics governance fraud corporate management amp business 2010 corruption board index process perception 2011

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Slide1

Facilitated by Goldengate Consulting

September 2012Slide2

Introduction

Governance, Ethics, Risk and FraudSlide3

Governance, Ethics, Risk and Fraud

Objectives

Objectives

To understand the concepts of corporate governance, ethics, risk and fraud

To appreciate the need for corporate governance and an

ethical

culture within an organisation

To understand how to manage risks in our businessesSlide4

Definitions

Definitions

The

Key Concepts

Governance

is the system of controlling and directing an entity

Ethics

is a set of principles of right conduct or a system of moral principles

Risk

is

the effect of uncertainty on objectives

Fraud

is a deception deliberately practiced to secure an unlawful or unfair gain

Governance, Ethics, Risk and FraudSlide5

Corporate GovernanceSlide6

Corporate Governance

Definition

Definition

What is Corporate Governance?

Corporate Governance is a system by which a company is directed and controlled

’.

– Sir Adrian CadburySlide7

Corporate Governance

Issues

Corporate Governance Issues

Understanding corporate

g

overnance issues

Integrity and ethical

behaviour

Rights and equitable treatment of stakeholders

Role and responsibilities of the board

Disclosure and transparencySlide8

Corporate Governance

Need for CG

Corporate Governance

The need for

c

orporate governance

Transparency

Strengthens confidence in management

A form of protection for shareholders

Good corporate governance encourages

growth and sustainability for SMMEsSlide9

Key Principles

Principles

Corporate Governance

Corporate Governance Key Principles

Accountability

Responsibility

Honesty and Transparency

Integrity

Openness

Mutual respect

Performance Evaluation

CommitmentSlide10

Corporate Governance

King III

King III – Scope and Application

King III- scope & application

Applies to all entities

Apply or Explain

Impact on Board – effective leadershipSlide11

Corporate Governance

Stakeholder Relationships

Legislative Framework

Stakeholders in an organisation

Conflict of interestsSlide12

Corporate Governance

Board – effective leadership

Ethical Leadership & Corporate Citizenship

Board/ Directors – Focal

Point & Custodian of CG

Effective & Independent Audit Committee

Governance of Risk

Governance of IT

Compliance with Laws, Rules, Codes & Standards

Effective Risk Based Internal Audit

Governing Stakeholder Relationships

Integrated

Reporting & Disclosure

King IIISlide13

Corporate Governance

Conflict of interests

Financial Reporting and Auditing

Directors’ Remuneration

Board –

Stakeholder

Relations

Corporate governance & Risk

Management

Communication

frameworkSlide14

Corporate Governance

Conflict of interests

“What

makes corporate governance necessary? Put simply, the interests of those who have effective control over a firm can differ from the interests of those who supply the firm with external finance. The problem commonly referred to as a principal- agent problem, grows out of the separation of ownership and control and of corporate outsiders and insiders. In the absence of the protections that good governance supplies, asymmetries of information and difficulties of monitoring results in capital providers who lack control over the corporation, finding it risky and costly to protect themselves from the opportunistic behaviour of managers and controlling shareholders.”

(OECD)Slide15

Corporate Governance

Approaches to corporate governance

The shareholder value

approach

The stakeholder/ pluralist

approach

The enlightened shareholder

approachSlide16

Corporate Governance

Best approach to corporate governance

In your view, which approach is the best approach to corporate governance?Slide17

Corporate Governance

Corporate Governance Framework

Source: WikipediaSlide18

Corporate Governance

Integrated Sustainability Reporting

Economic Reporting

Social Reporting

Environmental

Reporting

TRIPLE BOTTOM LINESlide19

EthicsSlide20

Ethics

Ethics

What is Ethics?Slide21

Ethics

Basic ethics concepts and distinctions

Ethics is

a set of principles of right conduct or a system of moral principlesSlide22

Ethics

Basic ethics concepts and distinctions

I am an ethical person/ I am not an ethical person

I work for an ethical organisation/ I do not work for an ethical organisation

I live in an ethical country/ I do not live in an ethical country

What does ‘ethics’ mean to you?

?Slide23

Ethics

Basic ethics concepts and distinctions

Good

Myself

OthersSlide24

Ethics

Basic ethics concepts and distinctions

What is business ethics?

Business ethics can be defined as the principles, norms and standards that guide an organisation’s conduct of its activities, internal relations and interactions with external stakeholdersSlide25

Ethics

Basic ethics concepts and distinctions

What are values?

Personal Values

Personal values are your own convictions as a person about what is good, acceptable and desirable. Your values are your core values as an individualSlide26

Ethics

Basic ethics concepts and distinctions

Personal Values

Assuming that you enter into a retail shop to buy a few groceries for the week. You pay for the items at the till, and you leave the retail shop. However, as you are about to enter into your car at the parking lot, you

checked

the change the till attendant gave you, and you realise you have been given thirty rand (R30) more than you are entitled to. What will you do?Slide27

Ethics

Basic ethics concepts and distinctions

Values in Organisations

Strategic values

Work values

Ethical valuesSlide28

Ethics

Basic ethics concepts and distinctions

Ethics & Law

What is the difference between ethics and law?Slide29

Ethics

Basic ethics concepts and distinctions

Personal & Organisational Ethics

The good apple

vs

The bad appleSlide30

Ethics

Basic ethics concepts and distinctions

Personal & Organisational Values

Child labour may sometimes be

justified

If you could save a life by telling a lie, you should do

so

People who kill others for a cell phone should forfeit their

moral

right to

life

Smoking is not goodSlide31

Ethics

Basic ethics concepts and distinctions

Professional

Virtues

Professional

E

thics

A profession is a typical example of a group of people who adhere to a set of ethical

standards.

A

virtue is a trait that

intuitively

enables one to do what is right. Professional virtues are those character traits which members of a profession are expected to have , for example, virtues of an auditor are independence, integrity and objectivitySlide32

Ethics

Importance

Importance of Ethics to the Organisation

Importance of Ethics

Ethics is the cornerstone of corporate

governance

Ethics ensures the sustainability of a

business

Good corporate reputation is built on a solid foundation of ethical

cultureSlide33

Ethics

Importance

Importance of Ethics to the Organisation

Importance of Ethics

A

culture of trust must be built on a corporate framework of ethical principles which are transparency/ openness, competence, integrity and

benevolence

Ethics play a major role in the prevention of fraud. Fraud prevention becomes a shared responsibility among the members of the organisationSlide34

Ethics & Corporate Governance

Fairness

Accountability

Responsibility

Transparency

Ethics – Driver for Corporate Governance

EthicsSlide35

Ethics & Corporate Governance

Inclusive

Approach

Exclusive

Approach

Ethics of Governance

EthicsSlide36

Ethics

Ethics & Corporate Governance

Code of Ethics - Benefits

It enhances economic

performance

It helps build an ethical

culture

Stakeholders know where they stand (the contents of the code set clear parameters of desirable or undesirable behaviour

)Slide37

Ethics

Ethics & Corporate Governance

Code of Ethics - Benefits

It

provides security and predictability for

employees

It can contribute to building the organisation’s

reputation

It

creates customer and stakeholder

loyalty

It builds trust between you and your stakeholders (the “

others)Slide38

Ethics

Ethics & Corporate Governance

Code of Ethics – Six Key Elements

Purpose

Process

F

ormat

Content

Tone

ImplementationSlide39

Ethics

Ethics & Corporate Governance

Ethics as a Corporate Culture

Communication

Recruitment

Selection

Induction & Training

Disciplinary Procedures

Ethical Corporate Culture

Performance ManagementSlide40

Ethics

Ethics & Corporate Governance

What alternatives are available for my consideration?

Are the alternatives legal?

Do the alternatives meet with professional/ organisational ethical standards?

Will I be able to disclose my actions?

Ethical Decision Making ProcessSlide41

Ethics

Ethics & Corporate Governance

What alternatives are available for my consideration?

If Yes Are they legal? If No , Stop!

Do they meet with professional/ organisational ethical standards?

If Yes If No, Stop!

Will I be able to disclose my actions?

If Yes If No, Stop!

Ethical Decision

Ethical Decision Making ToolSlide42

Ethics

Ethics & Corporate Governance

At a function organised by your company in your company premises, shortly before the end of the function, you notice that your manager is busying putting cartons of drinks into the boot of his car. In that split of a second; he glances at you, smiles and says; ‘what the company doesn’t know wouldn’t hurt the company; erase this from your memory’. Then your supervisor says his goodbyes to everyone including you, and he drives out of the premises.

What do you do?

Case Studies

Case

1Slide43

Ethics & Corporate Governance

A supplier overhears a conversation amongst your colleagues that today is your birthday; she quickly goes out to the shopping mall next to your office building to buy you a card and a box of chocolate. She comes back to your office, meets you at the reception, and wishes you ‘a happy birthday’ and gives you the birthday card and the box of chocolate.

What do you do?

Case Studies

Case 2

EthicsSlide44

Ethics & Corporate Governance

A supplier overhears a conversation amongst your colleagues that today is your birthday; she quickly goes out to the shopping mall next to your office building to buy you a card and a box of chocolate. She comes back to your office, meets you at the reception, and wishes you ‘a happy birthday’ and gives you the birthday card and the box of chocolate. The supplier is one of the three bidders your department is considering for a current tender.

What do you do?

Case Studies

Case

3

EthicsSlide45

Ethics & Corporate Governance

One of the accountants in your department has resigned and needs to be replaced. Your manager tells you that he wants to appoint Tyler, an accountant with one of your suppliers. He tells you to nevertheless go through the motions of following procedure by advertising the post internally. You agree that Tyler has the requisite qualification for the post. Once the applications have all been received, you realize that several more competent candidates from your subsidiary companies have applied. Your manager is however adamant that Tyler should be appointed.

What do you do?

Case Studies

Case 4

EthicsSlide46

Ethics & Corporate Governance

You get a call from a recruitment company requesting a reference for a person who is your acquaintance. This person was introduced to you a week ago by a mutual friend. You cannot claim to know her so well. What do you tell the caller?

Case Studies

Case

5

EthicsSlide47

RiskSlide48

Risk

Agenda

5. Compliance

Risk

Introduction

to

Risk

2. The

Risk Management Process

3. King III and

the

Risk

Management

Process

4. Information Technology (IT) RiskSlide49

Risk

Introduction to Risk

Risk and Risk Management

Definition of Risk

T

he

effect of uncertainty on

objectives -

ISO

31000

Definition of Risk Management

The process of Identifying, Analysing and Ranking the importance of the identified

Risks

with a view

to Avoiding

,

Eliminating, Accepting or Reducing

the

Business’s

exposure

to Risk

that could

negatively affect the Start-up

,

the Management

or

the Growth

of a

Business.Slide50

Risk

Definition of Risk and Risk Management

So, Risk Management is something new that we need to learn about

Well ….. No!

It’s something we do every day without even thinking about itSlide51

Risk

Definition of Risk and Risk Management

So let’s look at an everyday example of Risk Management

The Objective

The

Risk

The Controls

To go out of the house but still stay Dry and Warm.

Getting cold or raining wet.

Putting on a long sleeve shirt, long pants, socks & shoes and taking a waterproof jacket with us.Slide52

Risk

Risk Management Process

V

ISION

M

ISSION

BUSINESS PROCESS

OBJECTIVES

States what we want

the

Business to achieve at a

M

acro Level

Which states where we wish the business to go

Define the Business

P

rocesses that will be needed to achieve this Vision and Mission

RISKS

What do we wish to achieve with each Business Process

What can prevent us from achieving the Objectives

The effect of uncertainty on objectivesSlide53

Risk

Business Processes

5 Risk Categories

Social & Ethics Risk

Financial Risk

Operational Risk

Information Technology Risk

Compliance to Laws and Regulations Risk

16 Business Areas

65 Business Processes

(Excluding the Business Specific Processes)

347 Risks

Risk UniverseSlide54

Risk

Universe

(Risk And Control Framework)

Social & Ethics

02- Stakeholder

01 -Governance

Board of Directors

Government

/ Country

Customer

Business Partner

Shareholder

Reputation

Strategic Planning

B.B.B.E.E.

Environmental

impact

Competitor

15 - IT

Operations

04 - Intellectual

Property

14 - IT

Environment

IT Systems

Support

IT Systems

Operations

Information

Technology Strategy

Intangible Assets

Information / Data

Financial

06 - Liquidity

& Credit

Credit Exposure & Collectability

Cash Management

/ Treasury

08 - Capital

Structure & Investments

Equity

Funding / Debt

05 - Market

Exposure

Commodity

Interest Rate

Foreign Exchange

07 - Financial

Reporting

Tax

Financial

Accounting

Regulatory & Compliance

Operations

13 - Commercial

10 - Assets

Sales

Area

17

Production

Process

Service Delivery

Property & Estate

Fixed Assets and Plant

12 - Human

Resources

Recruitment and Retention

Payroll

11 - Legal

& Insurance

Legal Liability

Contracts

Derivatives

Under Performing

Assets

Information

Security

Continuous

Availability

Business Continuity

Planning

Supplier

Social

Responsibility

Code of Ethics

03 - S.H.E

. and

Sustainability

Sustainability

& Risk Reporting

Skills Development

Occupational

Hazards

Equity Employment

Industrial Relations

Performance

Management

Human Capital Management

09 - Accounting

Creditors

Monitoring

Debtors

16 - Compliance

to Laws

And Regulations

Marketing

Stock Control and Logistics

Management Accounting

Insurance

Leave

Fleet Control & Workshops

IT Environment

Modelling

Economy / Social

System

Development

Life Cycle

Purchasing & Procurement

Information

Technology

Pension Fund & Medical Aid

Retirement Funds

Business

Specific

Termination of

ServiceSlide55

Risk

Business Process Selection

If your Business does not sell on credit – you can eliminate the

Debtors Business Process

If your Business only buys for cash – you can eliminate the

Creditors

Business Process

However, not all of these BUSINESS PROCESSES will be applicable to your business – so you will need to select the ones that apply to

you.

The Risk Management ProcessSlide56

Risk

Risk Analysis

Identify

the Business Processes that are applicable to your

Business;

define

the Objectives of each of these Business

Processes;

identify

the Risks that could prevent you from achieving these

Objectives; then

Analyse the Risk and Rank these according

to:

The Likelihood that

the risk

would occur, and

The Impact that

this

would have if

it does occur

The process of

a

nalysing

and

ranking

the importance of the identified Risks Slide57

Risk

WikipediaSlide58

Risk

Risk Matrix

12

16

20

24

25

7

13

18

22

23

4

11

15

19

21

2

6

10

14

17

1

3

5

8

9

Impact

5

4

3

2

1

1

2

3 4

5

Likelihood

High Risk

Medium Risk

Low RiskSlide59

Risk

Risk Impact

Level

Non-Financial Impact Description

Quantitative

Reputation

Systems Availability

5. Severe

The impact is beyond the Stakeholders’ ability to manage or resource and as such may threaten the survival of, for example, a particular project or the company itself.

> R10 M

Suspension of business.

Systems unavailable for more than 2 days

4. Major

The impact would threaten the ability to achieve the Product and/or Organisational objectives in the medium term.

R2 M – R10 M

Adverse media comment that has a long term impact on Company’s image, significant brand damage.

Systems unavailable for more than 5 hours less than 2 days

3. Significant

The impact may threaten the ability to achieve the Product and/or Organisational objectives in the short term.

R500K – R2 M

Adverse media comment or regulatory action or fine that has a short term reputational impact, requiring corrective action and dedicated additional resources to rectify and recover.

Systems unavailable for more than 30 minutes but less than 5 hours

Minor

The impact can be absorbed within the day-to-day business running costs.

R50K – R500K

Adverse impact on some external customers, minor impact on objectives.

Systems unavailable for more than 5 minutes but less than 30 minutes

Insignificant

The impact has little or no effect on the day to day running costs of the business

< R50K

Breakdown in control but process performance unaffected.

Systems unavailable for less than 5 minutesSlide60

Risk

Risk Likelihood

Level

Description

Probability of Occurrence in the next 12 Months

5. Almost Certain

Expected to occur in most circumstances or occurs regularly

>70%

4. Likely

Occurrence is noticeable, starting to be of nuisance value

40% - 70%

3. Possible

Occurs occasionally

20%-40%

2. Unlikely

Occurs infrequently

5% - 20%

1. Rare

Only occurs in exceptional circumstances

<5%Slide61

Risk

Risk Mitigation

AVOIDING RISK

To avoid risk, a business would need to transfer the risk to another party e.g. Insuring against the Risk

ELIMINATING RISK

To eliminate risk, a business would need to exit from the business that is causing the risk – e.g. Manufacturing Risk - stop Manufacturing and buy in the item required

ACCEPT THE RISK

A business may decide to accept the risk where the impact of the risk is less than the cost of controlling the Risk

REDUCE THE BUSINESS’S EXPOSURE TO RISK

Introduce Control

Avoiding, Eliminating, Accepting or Reducing the Business’s exposure to Risk Slide62

Risk

Introduction of Control

Inherent Risk

: (Pre-Control)

A subjective measure of the threat of a Risk based on its Inherent Likelihood and Inherent Impact measures, without considering the effectiveness of controls,

even

if they exist. This produces a score that indicates the worst-case exposure in the

event

that there are no controls in place, or the controls fail to take effect during a risk event.

Residual Risk

:

(

Post Control

) A subjective measure of the threat of a Risk based on its Residual Likelihood and Residual Impact

measures

, giving the remaining level of risk after risk treatment

measures have been taken. Residual Risk can only be claimed if the controls are in place and work to reduce the risks and/or consequences to the level that is expected.

Control

:

Controls are the actions taken to prevent an event from occurring or reduces the impact of the risk

event.

The Introduction of Control leads to two concepts of RiskSlide63

Risk

Risk Assessment

The first task of the Risk Manager in performing a risk assessment would be to determine who the effective players are in each business process to be assessed.

The second step would be to determine the most effective mechanism to conduct the assessment. Two examples of these are:

Risk Management Workshops

– All participants in one room to discuss and determine Risk Ratings.

Risk Management Questionnaires

– completed by all participants,

collated and

summarised to form the final assessment – discussion only on contentious points where risk rating vary greatly.

Automated tools are available to assist with either of these assessment mechanismsSlide64

Risk

Risk and Control FrameworkSlide65

Risk

King III and the Risk Management Process

Chapter 7

INTERNAL AUDIT

7.1 Effective Risk Based

Internal Audit

7.2 Implement a Risk

Based

Audit Plan

7.3 Assessment of Systems of Internal Control and Risk

7.4 Audit Committee to Oversee Internal Audit

7.5 Internal Audit Strategically Positioned

Chapter 4

RISK MANAGEMENT

4.1 Board is Responsible

for

Risk

4.2 Set Levels of Tolerance

4.4 Management must Design & Implement

Risk Plan

4.5 Perform Risk Assessment

4.6 Implement a Framework

4.3 Assisted by Risk Committee

4.7 Respond Appropriately

4.8 Monitor Risk Continuously

4.9 Provided Assurance on Effectiveness of the

R

isk

Process

4.10 Adequate Risk Disclosure to Stakeholders

King III requires the segregation of Internal Audit and Risk Management FunctionsSlide66

Risk

The Board’s Responsibilities

1) The

Board should be responsible for the Governance of Risk

2) The

Board should determine the

levels

of Risk Tolerance

3) The Risk Committee or Audit Committee should assist the Board in

carrying

out its Risk Responsibilities.

King III defines 10

Principles

for Risk Management in Chapter 4 – The Governance of

RiskSlide67

Risk

The Board’s Responsibilities - Contd

The

Board should delegate to

management

the responsibility to Design, Implement and Monitor the Risk Management Plan

.

The Board should ensure that Risk Assessments are performed on a continual basis.

The Board should ensure that Frameworks and Methodologies are implemented to increase the probability of anticipating unpredictable risks.

The Board

should

ensure that

management

c

onsiders

and

implements

appropriate Risk Responses

.Slide68

Risk

The Board’s Responsibilities - Contd

Thus

Management must:

Design, Implement and Monitor the Risk Management Plan.

Ensure that Risk Assessments are performed on a continual basis.

Implement Frameworks and Methodologies to increase the probability of anticipating unpredictable risks.

Consider and Implement appropriate Risk Responses.

Monitor Risk on a continual basis

.Slide69

Risk

The Board’s Responsibilities - Contd

To facilitate

the Board’s responsibility

of

Oversight, Management must provide feedback to the Board, in the form of:

Risk Assessments,

Risk Registers,

Risk Mitigation Actions Plans,

Monitoring & Corrective Action Reports.

The Board should ensure continual risk monitoring by ManagementSlide70

Risk

The Board’s Responsibilities - Contd

The Role of Internal Audit

King III

requires companies to

establish an

internal audit function

which provides

assurance over the

company’s governance

, risk management

and internal

controls. Internal audit will

be required

to provide a

written assessment

of the system of

internal controls

and risk management to

the board

, as well as a

written assessment of

the internal financial controls to

the audit

committee.

The

Board

should

receive

assurance

regarding

the effectiveness of the Risk Management Process.Slide71

Risk

The Board’s Responsibilities - Contd

The Board should ensure that there are processes in place enabling complete, timely, relevant, accurate and accessible

risk

d

isclosure

to

stakeholders.

Principle

10 covers the Relationship with Stakeholders and the Integrated Reporting to

Stakeholders.

The

King III report details these two topics in Chapter 8 – Governing Stakeholder Relationships, and in Chapter 9 – Integrated Reporting and Disclosure. Slide72

Risk

Information Technology Risk

King III defines 7 Principles for IT Governance in Chapter 5 –

The Governance of Information Technology

The Governance of IT

The Impact of Information Technology of Risk

IT as an Integral part of the Company’s Risk Management ProcessSlide73

Risk

The Governance of IT

Principle 1

- The

Board should be responsible for Information Technology (IT)

Governance.

Principle 2

- IT

should be aligned with the performance and sustainability objectives of the

company.

Principle

3

- The Board should delegate to management the responsibility for the implementation of an IT Governance Framework

.

Principle

4

- The Board should monitor and evaluate significant IT Investments and Expenditure.Slide74

Risk

IT as an Integral part of the Company’s Risk Management

Process

Principle 5

- IT

should form an Integral part of the Company’s Risk

Management.

IT

Risk should form part of the Company’s Risk Management Activities and Considerations

.

IT Management need to ensure that they can demonstrate adequate business resilience.

IT Legal Risk arises from the possession, ownership and operational use of Technology.

Companies must comply with applicable IT laws, rules, codes and standards.

The Board must consider how IT could be used to aid the Company in the Management of Risk.Slide75

Risk

IT Risk

Principle 6 -

The Board should ensure that Information Assets are managed effectively.

The protection of Information

(Information Security)

The management of Information

(Information Management)

; and

The protection of personal information processed by companies

(Information Privacy)

Principle

7

-

A Risk Committee and Audit Committee should assist the Board in carrying out its IT responsibilities.Slide76

Compliance RiskSlide77

Risk

Compliance Risk

How Compliance impacts on Ethics, Governance, Risk and Fraud

King III defines

4 Principles

for

Compliance in

Chapter

6

Compliance with Laws, Rules, Codes and Standards.Slide78

Risk

Board Responsibility

The Board should ensure that the Company complies with all applicable laws and considers adherence to non-binding rules, codes and standards.

The Board and each individual Director should have a working understanding of the effect of the applicable laws, rules, codes and standards on the company and its business.

Compliance Risk should form an integral part of the Company’s Risk Management Process.

The Board should delegate to Management the implementation of an effective Compliance Framework and Process.Slide79

FraudSlide80

Fraud

Agenda

What is Fraud

2. Faces of Fraud or Corruption

3.

Reducing Fraud Risk

4.

Detection of Fraud and Awareness ProgrammeSlide81

Fraud

Fraud Risk

“Fraud and deceit

abound now more than ever before”.

SIR EDWARD CODE (1602)Slide82

Fraud

What is Fraud

Definition of Fraud

It

is impossible to provide a comprehensive definition of fraud. However, all definitions have one thing in common - an element of

dishonesty or deceit

.

Defrauding people or entities of money or valuables is a common purpose of fraud, but there have also been fraudulent "discoveries", e.g., in Science, to gain prestige rather than immediate monetary gain

.

There is no single accepted definition of fraud

.Slide83

Fraud

What is Fraud

Elements of Fraud

Fraud is a crime, and also a civil law

violation.

Knowingly making a false

representation;

Something intended to deceive; deliberate trickery intended to gain an advantage;

An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right;

The intentional and successful employment of cunning, deception, collusion; or artifice used to cheat or deceive another person whereby that person acts upon it to the loss of his property and to his legal injury

;Slide84

Fraud

What is Fraud

Elements of Fraud (contd)

Unfair advantage by unlawful or unfair means;

Intentional deception resulting in injury to another person

;

The

act of leading a person to believe something which you know to be false in a situation where you know the person will rely on that thing to their detriment;

A deception, intended to wrongfully obtain money or property from the reliance of another on the deceptive statements or acts, believing them to be true;

The intentional perversion of the truth in order to mislead someone into parting with something of value;Slide85

Fraud

What is Fraud

Elements of Fraud (contd)

For a fraud to occur there are 3 elements required, these are:

Need

– The first element is a need, whether actual (Spouse is retrenched) or perceived (just have to have that new Boat)

Justification

– Entitlement, this is owed to me because……

Opportunity

– the perpetrator has to have access to the Cash, Asset, persons to be used or whatever is to be used / removedSlide86

Fraud

Definition of Fraud

Fraud is

the intentional

deception to cause a person to give up property or some lawful right or to damage another individual using deceit, trickery or

cheating.

For purposes of this presentation, we will use the following definition.Slide87

Fraud

Definition of Corruption

Corruption is the abuse of entrusted power for private gain

It hurts everyone who depends on the integrity of people in a position of authoritySlide88

Fraud

Prevention

and Combating of Corrupt Activities Act,

Act

No. 12 of 2004

(

CHAPTER 2 - OFFENCES IN RESPECT OF CORRUPT ACTIVITIES)

(Part I: General offence of corruption)

3. Any

person who directly or indirectly -

accepts

or agrees or offers to accept any gratification from any other person,

whether

for the benefit of himself or herself or for the benefit of another person: or

gives

or agrees or offers to give to any other person any gratification, whether

for

the

benefit of that other person or for the benefit of another person,

in order to act personally or by influencing another person so to act in a manner -

that

amounts to

the-

(

aa)

illegal, dishonest, unauthorised, incomplete, or biased:

or

(bb

)

misuse or selling of information or material acquired in the course of

the

exercise

, carrying out or performance of any powers, duties or functions

arising

out of a constitutional, statutory, contractual or any other legal

obligation

:

(

ii)

that

amounts to -

(

aa)

the

abuse of a position of authority:

(

bb)

a

breach of trust; or

(

cc)

the

violation of a legal duty or a set of rules:

(

iii) designed

to achieve an unjustified result: or

that

amounts to any other unauthorised or improper inducement to do or not to do

anything

.

is guilty of the offence of

corruptionSlide89

Fraud

Key Drivers in the Current Economic Climate

One of the Key Drivers for Fraud and Corruption is :

PEER INFLUENCE.

If the

Politicians

and

Government

not only in South Africa, but around the world are open to Corruption, then why not me?

What's Good for the Goose is Good for the Gander Slide90

Fraud

Key Drivers in the Current Economic Climate (Contd)

Transparency International

--- The global coalition against Corruption ---

The

Corruption Perceptions Index

ranks

countries / territories

based on how corrupt a country’s public sector is perceived to be.

It

is a composite index, drawing on corruption-related data from

experts

and business surveys carried out by a variety of independent and reputable institutions.

Scores

Scores range from 0 (highly corrupt) to 10 (very clean).Slide91

Fraud

Corruption Perception Index (2011)

SOUTH AFRICA

Population (2010):

50 million

* GDP (2010):

$363.7 billion

* Infant mortality rate

(per 1,000 live births - 2010):

40.7

* Life expectancy (2009)

51.61 years

* Literacy rate (2007)

88.7%

Corruption Perception Index (2011)

 

Ranking

64

/ 183

Score

4.1

/ 10

0 (Highly Corrupt) to 10 (Very Clean)Slide92

Fraud

Corruption Perception Index (2011) - contd

UNITED

KINGDOM

* Population (2010):

62.2 million

* GDP (2010):

$2.25 trillion

* Infant mortality rate

(per 1,000 live births - 2010):

4.6

* Life expectancy (2009)

80.05

years

Corruption Perception Index (2011)

 

Ranking

16

/ 183

Score

7.8

/ 10

0 (Highly Corrupt) to 10 (Very Clean)

Stats from World Bank

One of the Three GiantsSlide93

Fraud

Corruption Perception Index (2011) - contd

UNITED STATES OF AMERICA

* Population (2010):

309.1 million

* GDP (2010):

$14.59 trillion

* Infant mortality rate

(per 1,000 live births - 2010):

6.5

* Life expectancy (2009)

78.09 years

 

Corruption Perception Index (2011)

 

Ranking

24

/ 183

Score

7.1

/ 10

0 (Highly Corrupt) to 10 (Very Clean)

One of the Three GiantsSlide94

Fraud

Corruption Perception Index (2011) - contd

AUSTRALIA

* Population (2010):

22.3 million

* GDP (2009):

$924.84 billion

* Infant mortality rate

(per 1,000 live births - 2010):

4.1

* Life expectancy (2009)

81.54 years

 

Corruption Perception Index (2011)

 

Ranking

8

/ 183

Score

8.8

/ 10

0 (Highly Corrupt) to 10 (Very Clean)

One of the Three GiantsSlide95

Fraud

Corruption Perception Index (2011) - Contd

BRAZIL

One of Our

T

rading Partners

* Population (2010):

194.9 million

* GDP (2010):

$2.09 trillion

* Infant mortality rate (per 1,000 live births - 2010):

17.3

* Life expectancy (2009)

72.76 years

* Literacy rate (2008)

90%

Corruption Perception Index (2011)

 

Ranking

73

/ 183

Score

3.8

/ 10

0 (Highly Corrupt) to 10 (Very Clean)Slide96

Fraud

Corruption Perception Index (2011) - Contd

NIGERIA

One of Our

T

rading Partners

* Population (2010):

158.4 million

* GDP (2010):

$193.67 billion

* Infant mortality rate

(per 1,000 live births - 2010):

88.4

* Life expectancy (2009)

50.95 years

* Literacy rate (2009)

60.8%

Corruption Perception Index (2011)

 

Ranking

143

/ 183

Score

2.4

/ 10

0 (Highly Corrupt) to 10 (Very Clean)Slide97

Fraud

Corruption Perception Index (2011) - Contd

CHINA

One of Our

T

rading Partners

* Population (2010):

1.3 billion

* GDP (2010):

$5.93 trillion

* Infant mortality rate

(per 1,000 live births - 2010):

15.8

* Life expectancy (2009)

73.06 years

* Literacy rate (2009)

94%

Corruption Perception Index (2011)

 

Ranking

75

/ 183

Score

3.6

/ 10

0 (Highly Corrupt) to 10 (Very Clean)Slide98

Fraud

Corruption Perception Index (2011) - Contd

NAMIBIA

Our Closest Neighbours

* Population (2010):

2.3 million

* GDP (2010):

$12.17 billion

* Infant mortality rate (per 1,000 live births - 2010):

29.3

* Life expectancy (2009)

61.62 years

* Literacy rate (2009)

88.5%

Corruption Perception Index (2011)

 

Ranking

57

/ 183

Score

4.4

/ 10

0 (Highly Corrupt) to 10 (Very Clean)Slide99

Fraud

Corruption Perception Index (2011) - Contd

BOTSWANA

Our Closest Neighbours

* Population (2010):

2 million

* GDP (2010):

$14.86 billion

* Infant mortality rate (per 1,000 live births - 2010):

36.1

* Life expectancy (2009)

53.01 years

* Literacy rate (2009)

84.1%

Corruption Perception Index (2011)

 

Ranking

32

/ 183

Score

6.1

/ 10

0 (Highly Corrupt) to 10 (Very Clean)Slide100

Fraud

Corruption Perception Index (2011) - Contd

ZIMBABWE

Our Closest Neighbours

*

Population (2010):

12.6 million

* GDP (2010):

$7.47 billion

* Infant mortality rate (per 1,000 live births - 2010):

50.9

* Life expectancy (2009)

48.45 years

* Literacy rate (2009)

91.9%

Corruption Perception Index (2011)

 

Ranking

154

/ 183

Score

2.2

/ 10

0 (Highly Corrupt) to 10 (Very Clean)Slide101

Fraud

Corruption Perception Index (2011) - Contd

MOZAMBIQUE

Our Closest Neighbours

* Population (2010):

23.4 million

* GDP (2010):

$9.59 billion

* Infant mortality rate (per 1,000 live births - 2010):

92.2

* Life expectancy (2009)

49.28 years

* Literacy rate (2009)

55.1%

Corruption Perception Index (2011)

 

Ranking

120

/ 183

Score

2.7

/ 10

0 (Highly Corrupt) to 10 (Very Clean)Slide102

Fraud

Faces of Fraud and Corruption

From amongst the many

F

aces of Fraud, we have chosen to focus on the following four:

Asset

Misappropriation

Financial

Misstatement

Computer

Crime

Identity

TheftSlide103

Fraud

Tips and Techniques

Techniques to

monitor

or

detect

Asset Misappropriation

:

Customer returns, credits or write-offs

Unallocated payment / Suspense accounts

Inventory scrap, spoilage, obsolescence

Inventory shrinkage

Fixed asset write-offsSlide104

Fraud

Tips and Techniques

Techniques to Prevent Asset Misappropriation

:

Employee monitoring via CCTV or

Management-by-walk-about

Segregation of duties

Examination and countersigning of documentation

Examination of cancelled cheques

Independent verification

Surprise audits

Job rotation

Physical securitySlide105

Fraud

Reducing Fraud Risk

Understanding your Risk of Fraud

Hardening your Controls against FraudSlide106

Fraud

Detection of Fraud and Awareness Programme

E

mbedding

Fraud Awareness in the Workplace

Whistle Blowing – Methods and ProtectionSlide107

Questions

?Slide108

Thank You

For more information

please contact the

Fasset Call Centre

on 086 101 0001

or visit

www.fasset.org.za