The Impact of Employee Fraud On The Construction Industry How Contractors Can Protect Their Assets
The Impact of Employee Fraud On The Construction Industry How Contractors Can Protect Their Assets
The Impact of Employee Fraud On The Construction Industry How Contractors Can Protect Their Assets
STEPHEN K. BALL AND JAMES J. KERN STEPHEN K. BALL, CPA, CVA, CCIFP, is the leader of Gross, Mendelsohn & Associates' Construction & Real Estate Group. He works closely with contractors to help improve their profitability and leadership development. He also helps contractors with succession planning, business valuation, and tax planning issues. Contact Steve at 410-685-5512 or sball@gma-cpa.com. JAMES J. KERN, CPA, CFE, is the director of Gross Mendelsohn's audit and accounting department. A certified fraud examiner, Jim enjoys the puzzle-like aspects of fraud investigation. He helps clients determine how a fraud was committed - and how the perpetrator concealed the fraud - by piecing together past actions. Contacthimat 410-685-5512 or via email at jkern@gma-cpa.com.
Increased economic pressures can lead to an increased risk of fraud at a time when construction companies can least afford it.
The Association of Certified Fraud Examiners (ACFE) recently issued the 2012 Report to the Nations on Occupational Fraud and Abuse, which estimates that the typical organization loses 5 percent of its revenues to fraud each year. According to the report, the median fraud loss sustained by companies in the construction industry was $300,000, ranking construction as the third highest out of 23 industries included in the report. 1 The construction industry has been hit extremely hard by the economic recession. Increased economic pressures can lead to an increased risk of fraud at a time when construction companies can least afford it.
These three conditions - pressure, opportunity, and rationalization - are referred to as the fraud triangle. All three factors are usually necessary for a fraud to occur. Employees who commit fraud are usually motivated by pressure caused by financial problems, personal habits, or work-related issues. Financial pressure could result from excessive debts, medical bills, overuse of credit cards, divorce, or investment losses. Personal habits
- such as drug, alcohol, or gambling addictions, extramarital affairs, and living beyond one's means - also create pressure. Work-related issues could include the employee believing he or she is underpaid, unappreciated, disrespected, or treated poorly. Opportunities to commit fraud arise when internal controls (proper checks and balances) are weak or nonexistent. In most cases, the employee who commits fraud is someone who is a "trusted" employee. Employees who have worked for a company for a long period of time usually gain more trust from their supervisors and coworkers, and therefore their actions may not be closely monitored. Also, the dollar amount of fraud losses tends to increase based on the number of years the employee has worked for the company and the employee's level of authority within that company. The personal integrity of most individuals keeps them from committing fraud. However, some employees rationalize their fraudulent acts. They might convince themselves that they are only borrowing the money and will pay it back, that the money is being used for a good purpose, or that the losses are covered by insurance so the company will not be hurt by them; they might have the mindset that "the company treats me unfairly and owes me." Fraud perpetrators typically do not have the characteristics usually associated with criminals. Most have no prior criminal record and no history of termination by a prior employer due to fraud. However, according to the ACFE report, in 81 percent of fraud cases the fraudster displayed one or more behavioral "red flags" that are often associated with fraudulent conduct.
living beyond means; financial difficulties; unusually close association with vendor/customer; unwillingness to share duties, refusal to take time off; divorce/family problems; wheeler-dealer attitude; irritability, suspiciousness, or defensiveness; and addiction problems. 2
creating fictitious vendors (dummy companies from which nonexistent services or materials are being purchased); check tampering (altering payee, altering amount, forging signature, and forging endorsement); taking kickbacks or inflating invoices from subcontractors; stealing job materials, tools, and equipment (or making unauthorized scrap sales); payroll (creating ghost employees or overstating hours worked); and making personal purchases or abusing expense reimbursements.
Bank statements should be mailed directly to someone not involved in bank transactions (check writing, deposits, transfers, etc.), such as an owner, who should review the statements and cancelled checks.
Bank reconciliations should be performed in a timely manner, preferably by a trained employee who is not involved in bank transactions.
Duties should be segregated. For instance, the responsibilities of authorizing transactions, recording transactions, and maintaining custody of assets should be assigned to different employees.
Companies should require periodic job rotation and mandatory vacations. Companies should require authorization and approval of transactions with appropriate dollar limits - such as check signing, purchase orders, credit cards, etc.
Physical controls over documents and records should be implemented, such as storing blank checks in locked cabinets and using password protection for computer files.
Physical safeguards over assets should be implemented, such as security measures. Consider surveillance cameras to monitor materials, tools, and equipment.
Companies should implement a whistleblower program. Companies should prepare timely, detailed, monthly financial statements closely reviewed by management.
Association of Certified Fraud Examiners, Report to the Nations on Occupational Fraud and Abuse: 2012 Global Fraud Study (2012).
Ibid.