EMERGING TRENDS AND ISSUES THE LANDSCAPE OF WHISTLEBLOWING: A PERSONAL AND PROFESSIONAL PERSPECTIVE

Similar documents
The Landscape of Whistleblowing: A Personal and Professional Perspective. Timothy Hediger

Gregory Keating. Practice Group Leader PRACTICE FOCUS. EDUCATION Boston College Law School JD, 1993, cum laude. Trinity College BA, 1987

C-SUITE S DIRTY LITTLE FRAUD SECRET

Articles. SEC Proposes New Whistleblower Rules Under the Dodd-Frank Act of Eric R. Markus December 2, 2010

EMPLOYMENT. Westlaw Journal Formerly Andrews Litigation Reporter

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

SEC Whistleblowing Program Post- Dodd-Frank: A Review for Internal Auditors. Marinilka B. Kimbro PhD

Fraud Detection and Prevention for Governmental Organizations. Michael A. Swafford, CIA, CFE

FRAUD EXAMINERS MANUAL

WHISTLEBLOWERS. Agenda. Qui Tam Timeline. Sarbanes-Oxley. Qui Tam Timeline. Star Wars. Civil War WWII

WHISTLEBLOWERS. Agenda

Committee Secretary Parliamentary Joint Committee on Corporation and Financial Services PO Box 6100 Parliament House Canberra ACT 2600

FRAUD EXAMINERS MANUAL INTERNATIONAL EDITION

AU-C Section 9700 Forming an Opinion and Reporting on Financial Statements: Auditing Interpretations of AU-C Section 700

AN ANALYSIS OF SMALL COMPANY FRAUDS AND IMPLICATONS FOR AUDITORS IN DETECTING FRAUDS

Investment Adviser Brochure Supplement Part 2B. Jamin Kirkwood

THE NATHAN MUELLER FRAUD SCHEME: A PERSONAL TOUCH WITH DETECTION AND PREVENTION STRATEGIES

Ethics Problems, Bias, Standards Violations & Overreaching in Litigation 2012 Forensic & Valuation Services Conference

Conducting Internal Corporate Investigations

Fraud in the Government Realm. Introduction. What is Fraud? My career began with a local government fraud in 1993

Conducting Effective Internal Investigations

BRIBERY IN INTERNATIONAL BUSINESS TRANSACTIONS

Defending Corporations and Individuals in Government Investigations Ethics & Whistleblower Issues In Investigations

WYOMING PRIMARY CARE ASSOCIATION (WYPCA) Document Destruction and Whistle-Blower/Code of Conduct Policy

Whistleblower Protection

Anti-Corruption and Anti-Bribery Guidelines Innergex Renewable Energy Inc.

STRATEGIES FOR MANAGING RISKS FROM FRAUD TO CORRUPTION. April 11, 2017

Client Update SEC Brings Two Enforcement Actions Against Employers for Taking Steps to Impede Whistleblower Activity

global economic crime survey 2005

WHISTLEBLOWERS. Labor and Employment Briefing May 19, 2016 Robert E. Hauberg, Jr.

Agenda 4 Key Questions

CODE OF CONDUCT AND ETHICS OF URBAN OUTFITTERS, INC.

Fried, Frank, Harris, Shriver & Jacobson August 26, 2003

THE SARBANES-OXLEY ACT OF 2002 AND THE IMPACT ON PUBLIC EMPLOYEE RETIREMENT SYSTEMS

Now is the Time for Registration as an Investment Adviser. January 17, 2012

BOYD GAMING CORPORATION. CODE OF BUSINESS CONDUCT AND ETHICS (As Amended July 19, 2017)

Corporate Whistleblower Developments Mark Oakes Partner Fulbright & Jaworski LLP June 10, 2014

KBS REAL ESTATE INVESTMENT TRUST, INC. CODE OF CONDUCT AND ETHICS

Course 4200: Detecting and Investigating Financial Statement Fraud (2 days)

Annie Chan Managing Director Forensic & Investigation Services FCPA, LLB, LLM, MBA,CFE

NABCA 23 rd Annual Administrators Conference The Forensics of Fraud: Conducting Financial Investigations

THEMATIC COMPILATION OF RELEVANT INFORMATION SUBMITTED BY UNITED STATES OF AMERICA ARTICLE 12 UNCAC PRIVATE SECTOR AND PUBLIC-PRIVATE PARTNERSHIPS

Conducting Internal Investigations: Staying Ethical in a Cost-Effective World November 7, 2014

Eric H. Cottrell Partner

Audit Quality and Investor Protection: The Need for Ongoing Vigilance

Demystifying Forensic Accounting

Fraud Prevention and Detection. Lisa dewit, Sr Project Manager (3-5631) Formation Review 20 Oct 17 Prepared for: IIA Annual Fraud Seminar

SUBJECT: COMPLIANCE WHISTLE BLOWING POLICY

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

CORPORATE GOVERNANCE FAILURE, FRAUD, & SCANDAL

Protecting Your Clients from Fraud: Vendor Management and Due Diligence Programs

IESBA Agenda Paper 5-B February 2011 New Delhi, India

This Webcast Will Begin Shortly

Demystifying Forensic Accounting

Accounting 408 Exam 1, Chapters 1, 2, 12, A, B, D

ARCHDIOCESE OF ST. LOUIS Cardinal Rigali Center 20 Archbishop May Drive St. Louis, Missouri Memorandum

Whistleblower Incentive Program What it Will Mean to You

FRAUD EXAMINERS MANUAL (INTERNATIONAL EDITION)

INTRODUCTION TO FRAUD EXAMINATION

CODE OF BUSINESS CONDUCT AND ETHICS

NN Group. Whistleblower. Policy. Version 2.3 Date September 2015 Department. Corporate Compliance

Certification of Internal Control: Final Certification Rules

The Practice and Pitfalls of Internal Investigations:

REPORT TO THE NATIONS 2018 GLOBAL STUDY ON OCCUPATIONAL FRAUD AND ABUSE

OMAN ARAB BANK Whistle Blowing Guidelines WHISTLE BLOWING GUIDLINE. Version : 1.0

THE ENFORCEMENT POWERS OF THE CONSUMER FINANCIAL PROTECTION BUREAU JONATHAN FOXX President and Managing Director Lenders Compliance Group, Inc.

Whistleblowing in the Dodd- Frank Era: The Perfect Storm

OAPT June 9, Deterring Fraud and the Latest Fraud Schemes in Public Entities TAKE AWAY #1

WHISTLEBLOWING: THE NEED FOR A FRAMEWORK IN KENYA Presentation by:

ADVISORY. Our AML/CFT team. CV and contact details. kpmg.co.nz

FINRA Notice Regarding Complex Products

CODE OF CONDUCT AND ETHICS OF URBAN OUTFITTERS, INC.

GLOBAL CODE OF CONDUCT AND ETHICS

The Foreign Corrupt Practices Act: Effective Compliance Strategies ACC In-House Counsel Forum April 28, 2011

REPORT TO THE NATIONS ON OCCUPATIONAL FRAUD AND ABUSE 2016 SOUTHERN ASIA EDITION

Dealing the Cards of Credit

PROFESSIONAL ETHICS CASES WORLDCOM AND KOGER PROPERTIES

Peoples Bank SB Complaint Reporting Policy

Compliance & Ethics. Professional

Chapter Four. AICPA Code of Professional Conduct. McGraw-Hill/Irwin. Copyright 2011 by The McGraw-Hill Companies, Inc. All rights reserved.

SEC Proposes Rules To Implement Dodd-Frank Whistleblower Provisions

) ) ) ) ) ) ) ) ) ) ) )

SEACAP ADVISORS, LLC ITEM 1 COVER PAGE ADV PART 2 A

INTERNAL FRAUD PREVENTION:

Ampco-Pittsburgh Corporation

EFFECTIVE DATE November 1, ISSUED BY: Compliance and Legal Department APPROVED BY: Board of Directors

1 Dealer Group details

CODE OF BUSINESS CONDUCT AND ETHICS

2017 Renne Sloan Holtzman Sakai Public Law Group 1

TEXAS WORKFORCE COMMISSION LETTER. ID/No: Regulatory Integrity Date: August 17, 2009

Insights Into Accounting Schemes and Scams

Whistleblowing Policy & Procedures. GFH Financial Group

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

CFPB Supervision and Examination Process

Regulation FD and. in Steve Przesmicki, Partner, Cooley LLP. March 17, Presented by

Michael S. McGarry Assistant United States Attorney Deputy Chief Financial Fraud Public Corruption. Prosecution of Investment Schemes using SAR/BSA

CBOE GLOBAL MARKETS, INC. AND SUBSIDIARIES CODE OF BUSINESS CONDUCT AND ETHICS. Adopted October 27, 2017

Strategies for Conducting Internal Investigations

Accounting 408 Exam 1, Chapters 1, 2, 12, A, B, D Fall 2017

PCAOB Update. Maryland Association of CPAs 2014 Accounting Education Conference

Transcription:

EMERGING TRENDS AND ISSUES THE LANDSCAPE OF WHISTLEBLOWING: Discover new whistleblower rules and regulations from an audit executive and fraud examiner who has blown the whistle. This course will describe audit and continuous auditing techniques with personal anecdotes to emphasize comprehension, application, analysis, and synthesis of whistleblower motivation and ethical conundrums. TIMOTHY HEDIGER, CFE, CIA, ACDA Owner and Consultant Polaris Risk Services, LLC Apex, NC Mr. Hediger is consultant and owner of Polaris Risk Services, LLC, a consulting enterprise based in Apex, North Carolina. Mr. Hediger handles a range of fraud, forensics, and internal control inquiries from his clients in government, publicly regulated industries, retail, financial services, and high-tech industries. He is a Certified Internal Auditor, Certified Fraud Examiner, Certified in Control Self-Assessment, an ACL Certified Data Analyst, and a U.S. Department of Defense Information Assurance Security Officer. Mr. Hediger graduated from the University of California Santa Barbara in 2000 with a bachelor of arts in business economics with an emphasis in accounting. While studying at UCSB, he worked for a Fortune 25 retailer, Costco Wholesale, in their internal audit department, specializing in inventory, data analytics, and post-payment recovery audits. He then worked for Deloitte and Touche, specializing in Sarbanes-Oxley compliance, revenue assurance, and ERP conversion reviews, under the management of IIA Chairwoman and Deloitte Partner, Patricia Miller. Beyond his involvement in the industries noted above, Mr. Hediger has extensive experience in the U.S. False Claims Act, the U.S. Truth in Negotiations Act, the U.S. Federal Acquisition Regulation, and especially whistleblower complaints because he was a whistleblower. During his tenure as the director of internal audit at PRIDE Industries, he repeatedly informed PRIDE management of operations, compliance, and financial malfeasance with their operations at Fort Bliss, Texas, to no avail. Mr. Hediger and coworker Lois Perez reported their information to federal authorities and were subsequently fired for their actions. From his experiences at PRIDE, he has firsthand and intimate knowledge in federal civil and criminal complaints, investigation techniques, wiretapping and recording protocol, data mining, analytic procedures, and rules of evidence. Mr. Hediger a proud member of the Association of Certified Fraud Examiner s Executive Advisory Council. He is also an active member of the Institute of Internal Auditors, the Information Systems Audit and Control Association, the Association of Certified Fraud 2012

Examiners, the Association of Certified Anti-Money Laundering Specialists, and the North Carolina Certified Public Accountants Society. He has been published in Fraud Magazine, The Sacramento Bee, El Paso Times, and other accounting trade publications. Mr. Hediger was born in Fresno, California, and lives in Apex, North Carolina, with his wife, Melissa, and daughter, Norah Rose. Mr. Hediger can be reached at Polaris Risk Services, LLC, PO Box 68, Apex, NC 27502; trhediger@polaris-risk.com. Association of Certified Fraud Examiners, Certified Fraud Examiner, CFE, ACFE, and the ACFE Logo are trademarks owned by the Association of Certified Fraud Examiners, Inc. The contents of this paper may not be transmitted, re-published, modified, reproduced, distributed, copied, or sold without the prior consent of the author. 2012

Introduction THE LANDSCAPE OF WHISTLEBLOWING: As an audit executive whistleblower, my family and I have had to go through very, very hard times to be with you today. I have had to sacrifice my career to do the right thing and bring to light malfeasance that my not-for-profit organization did to people with disabilities and wounded warriors coming back from Iraq and Afghanistan. Unfortunately, I have seen things as an audit executive that I never want you, as a fraud professional, to see but you might. I never want you to go through my experience but you might. I never want you to need to wear a wire for the federal government to expose malfeasance in your company but you might. Finally, I never want you to be unprepared when you interview a potential whistleblower but I can guarantee you that you will. I will be talking about my personal and professional story with you today. But, more important, I want to share with you tips and techniques on how to effectively interview potential whistleblowers. Companies and governments need whistleblower-interview training because of expanding whistleblower protections most notably in the U.S. Dodd-Frank Act. The Story Often we look at fraud from a transactional perspective, looking at only employees or customers, documents or signatures, data or control logs. While that is a proper way to look at malfeasance, what happens when the malfeasance comes from management? What happens when the fraud is systemic in your organization? What do you do? To whom do you turn? These questions and many, many more are what we will be talking about today. 2012 1

THE LANDSCAPE OF WHISTLEBLOWING: Our internal audit team was responsible for implementing the AICPA Risk Assessment Standards and it was during this process that we discovered the first false claim. By the time the case was complete, there were five false claims, including false certification, two different contract overcharges, Truth in Negotiations Act violations, bribery, and several internal whistleblowers. We took these issues to management 17 different documented times but to no avail. One of these disclosures included going to the external auditors under my SAS 99 requirements. The partner-in-charge then went to management, which was the point at which the company began the process of terminating the department. We found great solace in the following quotes from the ACFE and the IIA: CFEs shall conduct themselves with integrity, knowing that public trust is founded on integrity. CFEs shall not sacrifice integrity to serve the client, the employer, or the public interest. ACFE, Professional Standards for Certified Fraud Examiners The internal audit activity must be free from interference in determining the scope of internal auditing, performing work, and communicating results... If independence or objectivity is impaired in fact or appearance, the details of the impairment must be disclosed to appropriate parties. The nature of the disclosure will depend upon the impairment. IIA Attribute Standards, Sections 1110.A1 and 1130 2012 2

THE LANDSCAPE OF WHISTLEBLOWING: The main theme from the ACFE and IIA standards is that we, as fraud examiners, are responsible to the public trust and should work through the process to its logical conclusion. How Should I Interview a Whistleblower? During my work with the federal government, I disclosed the issue, fully cooperated with their requests, wore a wire, and brought the case to a successful conclusion. But, at first, the special agents were apprehensive to use my information. One of my passions in the past couple of years was to find a way to develop a new and better understanding to the law enforcement and internal audit community. If there is a simple piece of advice, it can be summed up as, First ask true or false? and then right or wrong? Judgments of whistleblowers and their motive should be placed aside until you determine the facts of the fraud or false claim. Note that the motive should be placed aside, not ignored. It is very important to ascertain the facts and keep cool during a whistleblower interview; jumping to conclusions or accusations will destroy the professional relationship you are trying build with your informant. This point is key because your whistleblower will be emotional and might carry the conversation into places that do not have a relationship to the case. In Staying Focused During the Interview and other interviewing seminars by Don Rabon, he has stated that changing the subject in an interview is a red flag to an investigator of deception. This is not necessarily the case with whistleblower investigations. Think about these emotions and facts: Your informant might have multiple frauds to disclose. A supervisor might have threatened your informant s financial or physical security. 2012 3

THE LANDSCAPE OF WHISTLEBLOWING: Coworkers might have blown a whistleblower s cover and are retaliating. Keep these in mind before jumping to conclusions on a whistleblower s motivation. Finally, don t make simple mistakes in your whistleblower investigation! Their identity should be protected by your company or investigative policy and it may be protected by law. Don t make this mistake, described by the Wall Street Journal, Source s Cover Blown by SEC : online.wsj.com/article/sb100014240527023034590045773 63683833934726.html?KEYWORDS=whistleblower Conclusion Blowing the whistle as an audit executive was the most difficult thing I have had to do as a professional. The effects on my family have been enormous, but I do not regret my decision at all. The guidance that the ACFE, IIA, and my mentors have given my team and me has been tremendously important in specific guidance to move forward in the case. 2012 4