Presentation to. Forensic Investigations of Financial Statement Fraud: PBS&J A Case Study September 26, Mitchell E.

Similar documents
Stop Fraud in Your Office. Presented by: Margaret A. (Peggy) McGarrity, Esq., CPA

STATEMENT OF DANIEL BOGDEN UNITED STATES ATTORNEY, DISTRICT OF NEVADA BEFORE THE FINANCIAL CRISIS INQUIRY COMMISSION ENTITLED

Reduce Your Risk: Understanding Internal Controls and Fraud Risks and Prevention

Grant Fraud. Leslie Les Hollie Assistant Inspector General For Investigations

How to Conduct an Internal Investigation

Accounting Records: How They Are Used To Conceal Fraud

Tax-Related Identity Theft

Jason B. Freeman, J.D., CPA

Lecture Notes for How to Steal $500 Million

IN THE SUPREME COURT OF FLORIDA (Before a Referee) REPORT OF REFEREE

INTERNATIONAL STANDARD ON AUDITING 240 THE AUDITOR S RESPONSIBILITY TO CONSIDER FRAUD IN AN AUDIT OF FINANCIAL STATEMENTS CONTENTS

Limited Scope Representation a/k/a Unbundled Legal Services

Chapter 9. #17 is a bad question if it is changed as follows the answer is d

HOW TO WIN IN TRUST ACCOUNT MANAGEMENT LEANOR BAILEY HODGE TRUST ACCOUNT COMPLIANCE COUNSEL NC STATE BAR

Review of Cash and Revenues Collection Procedures

The Auditor s Responsibility to Consider Fraud in an Audit of Financial Statements

SARBANES-OXLEY: A BRIEF OVERVIEW. On July 30, 2002, the United States Congress passed, by a nearly unanimous

FCPA. Due Diligence. The REPORT. The Importance of Pre-Merger Due Diligence

Why choose Hiscox C-Suite?

Spotting Financial Distortions: A Primer for Attorneys

INTERNAL FRAUD PREVENTION:

UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION

PCAOB Update. Maryland Association of CPAs 2014 Accounting Education Conference

PCAOB Update. Maryland Association of CPAs 2014 Accounting Education Conference

Illustrate by way of some example how Fraudulent Financial Reporting and Misappropriation of Asset can be done?

To Receive CPE Credit

Fiduciary Duty, Corporate Scandals, SOX and the Non-For-Profit

Current Trends in Investigations. Omid Yazdi Forensic Partner

An Introduction to the American Recovery and Reinvestment Act of 2009: Implications for Construction Contractors May 26, 2009

In an environment of heightened federal enforcement

CSMFO CONFERENCE 2018

Issues In Internal Investigations for Company Counsel in the Post-Enron Era September 13, 2006

Chapter 23 Audit of Cash and Financial Instruments. Copyright 2014 Pearson Education

International Standard on Auditing (Ireland) 240

Comparison of Newly Adopted Delaware Rules of Professional Conduct with ABA Model Rules DELAWARE

COMPANION POLICY CP TO NATIONAL INSTRUMENT CERTIFICATION OF DISCLOSURE IN ISSUERS ANNUAL AND INTERIM FILINGS TABLE OF CONTENTS

International Standard on Auditing (UK) 240 (Revised June 2016)

SOX, Corporate Governance and Working with the Board

Strategies for Conducting Internal Investigations

EXERCISES. The complete AICPA summary of Section 404 of Sarbanes-Oxley is as follows: Section 404: Management Assessment of Internal Controls.

Here is some more information on the Equifax Breach and how you may protect yourself in the aftermath...

Anand D. Khemlani

Looking for Fraud Through Rose-Colored Glasses

Melissa A. Czartoryski appeared on behalf of the Office of Attorney Ethics. Respondent, through counsel, waived appearance for oral argument.

The 2004 Oversight Systems Financial Executive Report on Sarbanes-Oxley

Auditing and Assurance Standards Council

Is Your Construction Project a Victim of Fraud?

Employee Benefit Plan Fraud Examples

Asset Misappropriation. Peter N. Munachewa, CICA, CFIP, CFE

LA16-06 STATE OF NEVADA. Performance Audit. Office of the Attorney General. Legislative Auditor Carson City, Nevada

Report on Inspection of Zachary Salum Auditors PA (Headquartered in Miami, Florida) Public Company Accounting Oversight Board

Demystifying Forensic Accounting

FCPA Investigations The Pitfalls and the Pendulum. November 10, 2010

Failure to approve and/or submit complete documentation in a timely manner may result in suspension or cancellation of Procurement Card privileges.

What Real Estate Lawyers Need to Know About the Sarbanes-Oxley Act of 2002

The Practice and Pitfalls of Internal Investigations:

Fraud Risk Assessment CARRIE KENNEDY, PARTNER DUSTIN BIRASHK, PARTNER

University System of Georgia s 2016 Georgia Summit Fraud in Higher Education

Health Care Fraud Challenges to Medicare, Medicaid and Commercial Plans October 5, 2018

Audit of Gainesville Regional Utilities Non Pension Investments

litigation and investigation services when the stakes are high, every decision is critical

Culture and Compliance Programs: Practical Advice Compliance and a Culture of Integrity Conference Hofstra University October 29, 2014

Companion Policy CP to National Instrument Certification of Disclosure in Issuers Annual and Interim Filings.

FROM BARNS TO BIG BOXES REDUX 2012 NEW LAWS, NEW ECONOMY

PREVENTING FRAUD IN THE HOSPITALITY INDUSTRY

Compliance & Ethics. Professional

NEW CORPORATE SENTENCING GUIDELINES PROVIDE GUIDANCE REGARDING WHAT CONSTITUTES AN EFFECTIVE CORPORATE COMPLIANCE PROGRAM

CAREFUL STEPS TO TAKE WHEN YOU HAVE AN EGGSHELL AUDIT. By Frank J. Rooney, Esquire Offices CO, DC, MD, & VA

Fraud Examination. Prevention, Detection, and Investigation. Steven M. Bragg

IIA Fraud Conference. Case studies from recent investigations. 8 April 2015

This article has been published in PLI Current: The Journal of PLI Press, Vol. 2, No. 2, Spring 2018 ( 2018 Practising Law Institute),

TODAY WE ANNOUNCE THE UNSEALING OF FRAUD AND CAMPAIGN HSU IS CHARGED WITH PERPETRATING A MASSIVE INVESTMENT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. v. Case No. 10-CR-006 GOVERNMENT S SENTENCING MEMORANDUM

Internal Control protect the assets and ensure that business information is accurate and ensure that regulations are being followed.

The Auditor s Responsibilities. Audit of Financial Statements

Multi-State Investigations: Effective and Efficient Strategies

Certification of Internal Control: Final Certification Rules

Lecture notes for: Corporate Cons

DON T COVER UP, FESS UP! How to avoid huge fines for an FCPA transgression

Demystifying Forensic Accounting

Salt Lake County Library Imprest Fund

Whistleblower Update MAPI LAW COUNCIL MEETING FALL Miriam Fisher Eric Swibel November 9, 2017

Equifax Data Breach: Your Vital Next Steps

Section 6 Unfair Trade Practices, Unfair Claims Settlement Practices, the Need for Errors and Omissions Coverage, and the Golden Rule

Legal Alert: Congress Passes The Sarbanes Oxley Act of 2002

Takeaways from the AICPA s 2018 Conference on Current SEC and PCAOB Developments

Financial Accounting, 1e Chapter 6: Ethics, Internal Control, and IFRS Test Item File

HB Be It Enacted by the Legislature of the State of Florida:

100 William Street New Business Application New York, NY 10038

Fighting Fraud with Conviction State Fund Anti-Fraud Program

11/9/15. Fraud in Non-profit Organizations: What You Need to Know NOW!

PROCEDURE. This procedure is intended to identify third party arrangements and red flags involving College activities that will:

International Whistleblower Hotlines: Implementation and Investigations

Cash and Internal Control C AT EDRÁTICO U PR R I O P I EDRAS S EG. S EM

CLAIMS AGAINST INDUSTRIAL HYGIENISTS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS

CARIBBEAN DEVELOPMENT BANK STRATEGIC FRAMEWORK FOR INTEGRITY, COMPLIANCE AND ACCOUNTABILITY PILLARS I AND II INTEGRITY AND ETHICS POLICY

Case AJC Doc 219 Filed 07/26/18 Page 1 of 16 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

Good From The Inside Out. Saturday, April 8, 2017

Application Instructions. You have chosen to complete a CPA EmployerGard New Business Application. Please follow the instructions listed below.

Presented by: Michael Moreau, CFE, CIA, CFSA Manager, Credit Union Group Macpage LLC

Transcription:

Presentation to Forensic Investigations of Financial Statement Fraud: PBS&J A Case Study September 26, 2008 Bill Pruitt Director, PBSJ Mitchell E. Herr, Partner Holland & Knight LLP Copyright 2008 Bill Pruitt and Mitchell E. Herr All Rights Reserved

About PBS&J Founded 1960 in Miami, Florida Multi-disciplined 4,000 employees; 75 offices Employee owned; SEC registered A history of success 2

Employee Growth (2000-2006) 4000 3500 3000 2500 2000 2000 2001 2002 2003 2004 2005 2006 3

Path to Discovery 2000: SEC registrant 2002: Sarbanes-Oxley 2003: Audit Committee formed Three outside members 2004: Internal Auditor hired 4

Audit Committee Function Hire independent auditors Review financial statements Determine executive compensation Monitor internal controls and disclosure Internal Audits 5

Path to Discovery February 2005: Discrepancy found in 10Q Immediately contacted Audit Committee Challenged Corporate Finance Board authorized Audit Committee investigation Hired attorneys, forensic auditors Discovered embezzlement; confronted CFO 6

A Breach of Trust A fraud that began 13 years prior Collusion by trusted employees in corporate finance and treasury: Chief Financial Officer Manager of Business Systems Accounting Manager 7

What They Did Secret accounts Cash accounts Medical reserves Income taxes Changing methods to avoid detection Altogether, $36 million was stolen 8

By Early 2006 Were wrapping up the investigation Had a finalized overhead rate for engineering company Began overhead audit of PBS&J Construction Services 9

The Forensic Investigation From CPA s perspective 10

An Independent, Thorough Investigation Audit Committee authority for thorough investigation H&K retained: CPA firm to identify thefts and adjusting entries CPA firm to handle electronic data issues CPA firm with expertise in gov t contracting A private investigative firm 11

An Independent Thorough Investigation Accountants had to: Understand they reported to H&K Work as one harmonious team 12

Self-Reporting and Cooperation Self-reported to: Local AUSA in Miami DOJ in Washington SEC s Enforcement Division in Miami AGs offices in multiple states Gov t customers in several states 13

Self-Reporting and Cooperation Accountants had to: Carefully document investigative steps Realize all communications were subject to scrutiny Make interim progress reports to prosecutors 14

A Large Investigation Under Time Pressure Investigation spanned 13 years and more than 15 million entries Reviewed nearly 13 million pages Reviewed electronic general ledger and supporting documents Reviewed 1.5 million messages Analyzed 76 hard drives and reviewed intact and deleted files Interviewed 80 employees, some more than once Interviewed 31 non-employees 15

A Large Investigation Under Time Pressure Accounting professionals: Under time pressure PBS&J barred from new gov t work Had to use work product from other firms Participated in critical witness interviews 16

Three Phases of Investigation 1. Who embezzled? Additional controls? 2. Amount embezzled? How was it concealed? Impact on financials? Other employees at fault? Overhead adjustments responsible persons? 3. Asset recovery! 17

Embezzlement Methods Funds embezzled in various ways: Manual duplicates of uncashed checks PBS&J checks deposited to personal account PBS&J funds used to pay credit cards Fraudulent checks not entered in system Perpetrators destroyed fraudulent checks Compared payees on cancelled checks to system Had to request cancelled checks from banks 18

Embezzlement Methods Perpetrators circumvented Positive Pay: Secretly failed to close old account without Positive Pay Diverted funds from account without Positive Pay Secret accounts: thefts looked like inter-co transfers Only one fraudulent wire transfer 19

Concealment Methods Hundreds of concealing entries Difficult to distinguish ordinary entries 7 concealment methods: 1. Recorded different payee than on check 2. Showed legitimate purpose on fraudulent check 3. Altered balances in general ledger in next fiscal year 4. Altered journal entries after posting 5. Recorded fraudulent journal entries to reduce cash 6. Transferred cash between accounts, but not record receipt 7. Prepared fraudulent bank reconciliations 20

Convincing all Interested Constituencies Mission: convince that restatements were correct Two national accounting firms current and prior auditors DOJ and state AG offices SEC Federal and state gov t clients 21

Convincing all Interested Constituencies PBS&J risked loss of gov t contracts Laid out investigative plan Solicited input Defended our approaches Result: all constituencies concluded: Investigation was thorough Restatements were accurate 22

Identifying Remedial Measures CPAs assisted in identifying remedial measures PBS&J adoption of remedial measures was key to success 23

So, You Want to be a Forensic Accountant? You ll like being a forensic accountant if you enjoy: Taking direction from lawyers Teaming with your competitors Working under time and emotional pressure Prying information out of crooks Explaining yourself to government prosecutors Defending your actions to skeptical fellow forensic accountants Saving a good company with honest, hard-working employees 24

Where We Are Today Restated financials Settled with DOJ SEC did not sue PBS&J Wrapping up client refunds Doing business with gov t clients Back to business better and stronger! Sharing our story 25

What about the employees who stole from our company? 26

Sentences Scott DeLoach ($17 million): 97 months Maria Garcia: ($10 million): 63 months (under appeal) Rose Licata: ($9 million): 63 months 27

A Stronger Company Today CFO with SEC/Sarbox experience A new Finance Department Independent Board members A robust Ethics and Compliance Program Code of Conduct Employee Training Hotline Melissa Eubanks Award 28

A Stronger Company Today Strengthened Internal Audit Program Comprehensive Business Risk Assessment Program Centralized finance/contracts functions New cost accounting system being implemented 29

Rules to Live By Find your mistakes, admit to them, then fix them immediately! Transparency is a must! You don t know what you don t know! Reagan had it right: Trust, but verify Create a dedicated crisis management strategy 30

Rules to Live By Communicate, communicate, communicate No news means bad news during a crisis Anticipation kills! And most importantly 31

Do the right thing even when no one is looking. 32