Financial Fraud Research Paper
Financial Fraud
Krishnan Dandapani
August 2021
What is Financial Fraud? - Definition
Too many definitions!! Covers varied aspects.
Individual Fraud, Corporate Fraud, Auditing Fraud, Institutions Fraud, Deceptive Practices.
One working definition -Black’s Law Dictionary
“Intentional perversion of truth
False representation of a matter of fact
Whether by words or conduct
False, misleading, concealment of that which should have been disclosed
For the purpose of inducing another
In reliance upon perversion of truth
To part with some valuable thing belonging to him or to surrender a legal right”
Accounting Fraud - Fraudulent Financial Reporting a/k/a “Earnings Management", or “Cooking The Books” – [Yale U.]
Improper Revenue Recognition
Overstatement of Assets
Understatement of Liabilities
Management Disclosure & Analysis Fraud
Improper Revenue Recognition - YALE
Premature Revenue Recognition
Side agreements
Liberal return of product
Channel Stuffing
Fictitious Revenue Recognition
Fictitious sales
Round tripping
Construction Related Schemes
Sham related party transactions
Over Statement of Assets - YALE
Cash Balance Schemes
Inventory Schemes
Inflating quantity
Inflating value
Accounts Receivable Schemes
Creating fictitious receivables
Artificially inflating value of receivables
Investment Schemes
Fictitious investments
Overstating value of investments
Under Statement of Liabilities - YALE
Improper Capitalization of Expenses
Software development
Research and development
Start Up Costs
Improper Expensing of Capitalized Costs
Off Balance Sheet Entity Schemes
Overstatement of Liability Reserves (“Cookie Jar” Reserves)
Misappropriation of Assets - YALE
Cash
Theft of cash receipts
Unrecorded/understated sales or receivables
Lapping
Fraudulent Disbursements
Payroll
Inventory
Fixed Assets
Improper Expenditures - YALE
Payments to Government Officials
Domestic payments
Political Campaign Violations
FCPA bribery payments
FCPA “books and records” violations
Commercial Bribery
Assets / Revenue Obtained by Fraud -YALE
Fraud Against Employees / Joint Venture Partners
Fraud Against Suppliers
Fraud Against Customers
Government
Commercial parties
Consumers
Sample Schemes
Antitrust
Defective pricing
Shipment of damaged goods
Expenses Avoided by Fraud - YALE
Tax Crimes
Failure to Pay
False Statements
Evasion
Fraud Against Suppliers & Customers
Improper Labor Practices
Environmental, Health & Safety Violations
Money Laundering
Senior Management Fraud - YALE
Use of Corporate Assets to Commit Illegal Conduct
Insider Trading
Unauthorized Compensation
Failure to Pay Taxes
Travel Expense Fraud or Abuse
Receipt of Free or Below Market Goods and Services From Vendors, Suppliers, Etc.
Related Party Transactions
Conflicts of Interest
Type/ Pattern of Financial Frauds – Bank of Mauritius
# 1 Ponzi-schemes
Investment schemes that promise to pay relatively high rates of returns for fixed term investments.
They are fraudulent investment plans - money is not invested at all !
Instead, every new investment is used to pay off earlier investors.
Notorious case: Bernie Madoff , $50 Billions plus losses
Types of Financial Fraud – #2 Pyramid Schemes
Types of Fraud – # 3 Identity Theft
Identity fraud – Someone impersonates you and uses your personal information to steal money.
Identity fraud is common on Internet Fraudsters give instructions to banks for fraudulent money transfer. The fraudsters use “Phishing”
Internet Banking clients receive e-mails which are tricky asking them to give account login, password & personal details to website which look like their legitimate bank.
These details are then exploited to steal money from your account
Other Financial Fraud
# 4 Card Fraud
Starts with the theft of your bank card. Stolen /loss cards remain usable. Thief make unauthorized purchases with the card until you notify your bank.
Skimming – This involves stealing information off a credit card during a legitimate transaction.
Fraudsters swipe the card through an electronic device known as a “wedge” or “skimming device” which records all information contained on the magnetic strip. Fraudsters use the stolen information for online purchase or to reproduce the card.
Other Types of Financial Fraud
# 5 Advance fee scams
These scams are usually perpetrated through a letter, email or phone call offering you a large sum of money if you can help someone transfer millions of rupees or other currency out of his country.
To initiate the transaction, you are asked to send details of Your bank account and an administration fee.
Fund Transfer scams
You are asked through an advertisement or email to receive a payment into your bank account, and to send it abroad in return for receiving a commission. In so doing, you may become a party to an offence
Fake prizes / Lottery / Nigerian Millions
A perpetrator claims that you have won a non-existent prize. You are asked to send a cheque to pay the taxes, or your credit card details, or your account number to pay for shipping and handling charges to send you the non-existent prize.
# 6 Bank Fraud – Wells Fargo – Traditional Frauds
Banking Fraud Types – Wells Fargo - 2018
Bank Fraud – Wells Fargo – New Fraud 2019
# 7 Typical Institutions Fraud in 2000s
Asset Misappropriation Cash Theft
Inventory and Other Assets
Fraudulent Disbursements
Corruption Conflicts of Interest
Bribery and Incentives
Cash Larceny
Is the intentional taking of cash occur any time an employee has access
Examples: theft of cash payments, currency in a register or a cash box, or from deposits
# 8 Corporate Financial Management Fraud
Types of Fraudulent Disbursements
Billing schemes
Shell companies
False invoicing
Personal purchases with institutional funds
Payroll schemes
Expense reimbursement schemes
Check tampering
Register disbursements
Shell companies
False invoicing
Personal purchases with institutional funds
#9. Corporate Frauds – Dummy Corporations – SPV and SIV
Dummy corporations may be created by fraudsters to create the illusion of being an existing corporation with a similar name.
Fraudsters then sell securities in the dummy corporation by misleading the investor into thinking that they are buying shares in the real corporation.
Blackwater
Enron
Bear Stearns ; Lehman Brothers
#10 Investment / Securities Fraud - Sales Fraud – Boiler Room
Boiler rooms or boiler houses are stock brokerages that put undue pressure on clients to trade using tele-sales, usually in pursuit of small or microcap share fraud schemes. Some boiler rooms offer clients transactions fraudulently, such as those with an undisclosed profitable relationship to the brokerage. Some 'boiler rooms' are not licensed but may be 'tied agents' of a brokerage house which itself is licensed or not. Securities sold in boiler rooms include commodities and private placements as well as microcap stocks, non-existent, or distressed stock and stock supplied by an intermediary at an undisclosed markup.
Quantum of Fraud in Microcap Stock Market
In microcap fraud, stocks of small companies of under $250 million market capitalization are deceptively promoted, then sold to an unwary public. This type of fraud has been estimated to cost investors $1–3 billion annually. Microcap fraud includes pump and dump schemes involving boiler rooms and scams on the Internet. Many, but not all, microcap stocks involved in frauds are penny stocks, which trade for less than $5 a share.
Many penny stocks, particularly those that sell for fractions of a cent, are thinly traded. They can become the target of stock promoters and manipulators.
These manipulators first purchase large quantities of stock, then artificially inflate the share price through false and misleading positive statements. This is referred to as a pump and dump scheme. The pump and dump is a form of microcap stock fraud. In more sophisticated versions of the fraud, individuals or organizations buy millions of shares, then use newsletter websites, chat rooms, stock message boards, press releases, or e-mail blasts to drive up interest in the stock. Very often, the perpetrator will claim to have "inside" information about impending news to persuade the unwitting investor to quickly buy the shares. When buying pressure pushes the share price up, the rise in price entices more people to believe the hype and to buy shares as well. Eventually the manipulators doing the "pumping" end up "dumping" when they sell their holdings.
The expanding use of the Internet and personal communication devices has made penny stock scams easier to perpetrate. But it has also drawn high-profile public personalities into the sphere of regulatory oversight. Though not a scam per se, one notable example is rapper 50 Cent's use of Twitter to cause the price of a penny stock (HNHI) to increase dramatically. 50 Cent had previously invested in 30 million shares of the company, and as a result made $8.7 million in profit.
Another example of an activity that skirts the borderline between legitimate promotion and hype is the case of LEXG. Described (but perhaps overstated) as "the biggest stock promotion of all time", Lithium Exploration Group's market capitalization soared to over $350 million, after an extensive direct mail campaign. The promotion drew upon the legitimate growth in production and use of lithium, while touting Lithium Exploration Groups position within that sector. According to the company's December 31, 2010, form 10-Q (filed within months of the direct mail promotion), LEXG was a lithium company without assets. Its revenues and assets at that time were zero.[23] [24] Subsequently, the company did acquire lithium production/exploration properties, and addressed concerns raised in the press.[25] [26]
Penny stock companies often have low liquidity. Investors may encounter difficulty selling their positions after the buying pressure has abated, and the manipulators have fled.
# 11 Mutual Fund Sales Fraud – Trading & Timing
Main article: 2003 Mutual-fund scandal
A number of major brokerages and mutual fund firms were accused of various deceptive acts that disadvantaged customers. Among them were late trading and market timing.
Various SEC rules were enacted to curtail this practice.
Bank of America Capital Management was accused by the SEC of having undisclosed arrangements with customers to allow short term trading.
Why Fraud? – Potential / Motivation - Donald Cressey Fraud Triangle
Motivation not Enough – Need Capability too!
Who Commits Fraud? – Personality Characteristics
Who commits fraud? - Personality
5% of the population will commit fraud regardless of the circumstances.
85% of the population will commit fraud given certain conditions
(Pressure, Opportunity and Rationalization) [Cressey’s Fraud Triangle]
10% of the population will not commit fraud under any circumstances
Historical Notable Fraud George C. Parker – Selling Brooklyn Bridge - 1890
"I have a bridge to sell you" may sound like a snide idiom, but the phrase has historical roots to the tricks pulled by George C. Parker and several others who tried selling the Brooklyn Bridge.
No fraudster is as connected with selling the Brooklyn Bridge as Parker, who started his charades when the bridge was completed in 1883 and forged documents showing his ownership. Parker also "sold" other New York City landmarks like the Metropolitan Museum of Art, the Statue of Liberty, and Grant's Tomb.
Historical Notable Frauds Savings and Loan Scandal – Keating - 1989
Keating bought Lincoln Savings and Loan which took advantage of loose regulations on banking investments. By 1989, federal investigators dove deep into the financial company and caused the savings and loan scandals. Investors and taxpayers lost $3 billion because Keating had bought high-risk bonds and inappropriately transferred money to himself.
Five US senators, including John McCain and John Glenn, intervened on behalf of Keating. The group of legislators known as the Keating Five were found to have been in the wrong, but faced no legal punishment.
Historical Notable Fraud Columbia / HCA - 1997
The Hospital Corporation of America and Columbia Healthcare Corp merged in 1994 to form a company operating 192 hospitals. The FBI and IRS raided the Columbia/HCA offices in 1997, finding evidence of Medicare fraud. The company settled for $1.74 billion and forced CEO to resign.
Historical Notable Corporate Fraud – Enron - 2001
Enron: A global gas and oil product manufacturer.
– It was believed that Enron was highly profitable, because the company’s energy commodities were so heavily traded.
– In 2001 the SEC noticed irregularities in Enron’s financial statements. Enron was booking round-trip trades, with prearranged buying and selling agreements where they would sell and buy back the commodities at the same price, and no actual profit was recognized.
–Heavy trading enticing investors to buy the company’s stock.
– Substantial bank borrowings that were channeled through other Enron made up companies and were made to look like the borrowed funds came from substantial trading deals.
– Investors withdrew, and in December 2001 Enron filed for bankruptcy protection.
Historical Notable Fraud WORLDCOM – 2002 – Equinox Global
WorldCom: an American telecommunication corporation.
Was met with failures in its long-distance telephone ventures, due to technological advancements in communications. Hit with falling stock prices and a failed share buyback scheme.
It was found that directors used fraudulent accounting methods to push up the stock price.
Their internal audit team found irregular accounting entries which ultimately spurred an SEC investigation.
There was $11 Billion in fictitious A/R entries.
Stockholders pulled out their investments and WorldCom filed for bankruptcy in July 2002.
Historical Notable Fraud – Investments- Back Dating Option Scandal - 2006
Many USA based companies have granted Options to top management; However, it was backdated to benefit the Employee.
By July 2006, almost 100 companies were being suspected for backdating options.
By October 2006, almost 75 Companies were hit by the scandal--from blue chip companies, like Home Depot Inc., Apple and many other tech firms.
Many companies involved have opened investigations to restate accounts, which could mean a hit to profits.
Is Backdating Illegal, Unethical or Immoral?
Historical Notable Banking Fraud Wells Fargo - 2014
The book on this alleged fraud case is still evolving. First, the large American bank got caught with millions of fake accounts in an instance of employees trying to meet quotas through cross-selling.
Now, Wells Fargo is under fire for improperly handling fraud cases because it closed many of the accounts in question instead of performing the legally mandated investigation.
The bank settled with regulators to pay a fine of $1 billion to be split by the Consumer Financial Protection Bureau and the Office of the Comptroller of the Currency.
Historical Notable Global Corporate Fraud Volkswagen Scandal – 482,000 Diesel cars emitting 40 times more emission than permitted -2015
Historical Notable Global Corporate Fraud Toshiba Corporation - 2016
A global Japanese electronics, parts and component manufacturer . In July of 2015 an accounting scandal tied $1.3 Billion in overstated operating profits, over the past seven years. The report reveled that CEO’s placed immense pressure on subordinates, and waited for the corporate culture to turn out the results they wanted.
From 2008 under one CEO continued through two other CEO’s to 2015.
Found evidence of booking future profits early, pushing back losses, pushing back Charges and other overstated profits.
Company leadership handed down strict profit targets, aka: Challenges, to business presidents, often with the implication that failure would not be accepted. A corporate culture, demanded obedience to superiors, was an important factor enabling the emergence of fraudulent account practices.
December 2015 announced cutting 7,000 jobs, selling its Indonesia TV facility and expects losses of $4.53 Billion for YE March 2016.
Historical Corporate Fraud Theranos – Medical Testing - 2017
Elizabeth Holmes promised to change the world of medicine with new technology and lured investors like Henry Kissinger and James Mattis and a partnership with Walgreen's. Holmes performed demonstrations using other company's technology while claiming it was the work of Theranos.
The SEC charged Holmes with lying to create more than $700 million for Theranos in outside investments. Holmes reached a settlement and agreed to pay a $500,000 fine, hand over 19 million shares of the company, and is not allowed to be an officer of a public company for 10 years.
Historical Global Accounting Fraud Luckin Coffee – China - 2020
The chairman of Luckin Coffee, touted as China’s answer to Starbucks, apologized over its US$310 million accounting fraud, which has led New York’s Nasdaq stock exchange to move to delist the company amid waning market trust in Chinese financial reporting.
Wirecard shares plummet over 60% - $2.1 billion of cash is missing – 2020
German payments giant said auditors could not confirm the existence of 1.9 billion euros ($2.1 billion) in cash on its balance sheet.
Auditor EY couldn’t find the cash balances — which represent roughly a quarter of its balance sheet. There were indications that “spurious balance confirmations” had been made by a trustee to “deceive the auditor and create a wrong perception of the existence of such cash balances,”.
“The Wirecard management board is working intensively together with the auditor towards a clarification of the situation,” Failure to provide its 2019 financial statements by Friday could result in loans of around 2 billion euros being “terminated.”
Wirecard’s share price cratered immediately after the news, and was down almost 62% by the market close.
Cyber Fraud – Account Takeover
Cyber Security – Impostor Fraud
Bank Fraud McKinsey
Cyber Attack and Fraud on a Central Bank
Cyber Attacks Evolution – 6th Generation
Progression to 6th Generation Attacks
WHY? Motivation Jennings – Seven Signs of Ethical Collapse
1. Pressure to maintain numbers.
2. Fear and silence.
3. Young manager under a bigger-than-life CEO.
4. A weak corporate board.
5. Conflicts (of interest).
6. New Technology Companies - Innovation like no other.
7. Goodness in some areas atoning for evil in others.
Research Paper Guidelines Feel Free to Ignore
Analyze Framework / Metrics for Financial Fraud
Choose one Specific Institutions (say Wells Fargo) or one Specific Market (Say, Options Markets, Mortgage Markets)
Choose an example where public data is available.
Choose a Recent (past 5 years) Fraud and a major fraud ($100 million)
Take a Financial and analytic approach - NOT a descriptive, psychological, historical approach
Do extensive research; read at least 10 specific, focused articles
Do analysis – This is NOT a CUT AND PASTE paper!!
Metrics / Guidelines/ Anatomy of Fraud Research Problem
What happened – Financial Analysis VW Diesel Scandal
How did it happen? - Mechanics/structure Defeat Detection Software
Why – What are the motivations? Avoid US Emission Regulations
Retain Market Share
Impact Financial /Firm / Market/ Investor Fines, Share price loss
Loss of Confidence
Prevention How to Prevent a recurrence Compliance Regulation
Cyber Attacks Evolution and 6 th Generation Attack
Progression to 6 th Generation Attacks Gen 1 – Started in the 1980s; hackers spread the virus to PCs and workstations via Floppy disks. L ed to the invention of anti - virus solutions - such as Norton. Gen 2 – Started in Mid 90s/ cyber - attacks on networks paved way introduction of firewalls to secure the perimeters of IT infrastructures from cyber crooks. Gen 3 - Started in 2000’s where attackers started to focus their exploitation on industrial applications - which paved the way to hackers to see cybercrime as a business. Botnets were used to send out spam; companies introduce Intrusion Prevention Systems (IPS). Gen 4 - Began in 2010, Rise of targeted attacks where governments around the world started to use cyber tools as weapons for mass destruction. And this led to the introduction of Behavioral Analysis solutions. Gen 5 - Year 2016 witnessed the emergence of multi - vector attacks which were mostly state - sponsored and thus had the potential to destruct at a greater note. Gen 6 - cyber - attacks – are most destructive as hackers are devised with tools to attack everything and anything digital. Also, after the introduction of the 5G network, attacks on IoT increase at an alarming rate which will pave way for complex security requirements.