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NONPROFIT FRAUD: WHAT
YOU NEED TO KNOW
PART I: THE FRAUD

Lawrence J. Hoffman, CPA/CFF, CVA, CFE
Senior Partner and Director of Forensic
Accounting Services
Leslie C. Kirsch, CFE
Manager, Forensic Accounting Services
October 31, 2013
OBJECTIVES
NONPROFIT FRAUD: THREE-PART SERIES
PART I: THE FRAUD
•
•
•
•
•

Why it is important that you are educated in fraud
The magnitude of fraud in nonprofits
The types of frauds in nonprofits
Why does fraud occur in nonprofits
Some important fraud prevention takeaways

PART II: THE DETECTION
•
•
•
•
•
•

Who are the fraud perpetrators?
Why do people commit fraud?
How is fraud detected?
What are fraud red flags?
Fraud detection techniques
What do you do when you uncover fraud?

PART III: THE PREVENTION
•
•
•
•

What are the primary factors contributing to fraud in nonprofits?
Detective versus preventative controls
What are the best preventative measures?
The five critical takeaways!
Part I: The Fraud* Page 2
AGENDA
• Why you need to be educated about fraud
• What you need to know about the impact of fraud
• Common types of fraud in nonprofits
• Case study # 1
• Case study # 2
• More case studies
• Summary – the important takeaways!
• How can Raffa assist you in preventing and detecting fraud
• Resources and suggested reading
• Questions and answers

Part I: The Fraud* Page 3
WHY YOU NEED TO KNOW ABOUT FRAUD
THE TOP TEN REASONS!
1. Nonprofit organizations are very susceptible
to fraud and abuse
2. Don’t count on your outside auditor to uncover the fraud
3. Fraud increases when the “pressure / incentive” increases,
which increases in a poor economy1 and layoffs (fewer
employees doing more)
4. You probably have some sort of fraud in your organization
going on and you don’t know it
5. A fraud in your organization could bring unwanted outcomes,
such as adverse publicity, loss of support, lower employee
morale, and disruption of your operations

1

See article, “In Tough Economy, Employee Theft Climbs to Epidemic Proportions, Expert Says,”
Statesman.com, November 2011.

Part I: The Fraud* Page 4
WHY YOU NEED TO KNOW ABOUT FRAUD
THE TOP TEN REASONS! (CONTINUED)
6. The IRS requires you to disclose instances of fraud – Form 990
– more transparent to donors
7. You cannot afford the loss, cost of the investigation, and
disruption to your operations
8. Asset (cash ) misappropriations are by far the most prevalent
frauds committed against nonprofits and the most important
resource
9. The fraud perpetrator is not easily known to the organization.
In many cases, the perpetrator is “someone you know and
trust”
10. You could find yourself personally liable for damages

Part I: The Fraud* Page 5
WHY YOU NEED TO KNOW ABOUT FRAUD
FORM 990 RETURN OF ORGANIZATION EXEMPT FROM
INCOME TAX

Part I: The Fraud* Page 6
WHY YOU NEED TO KNOW ABOUT FRAUD
FORM 990 RETURN OF ORGANIZATION EXEMPT FROM
INCOME TAX
Explain (1) the nature of the diversion, (2) amounts or property involved,
corrective actions taken to address the matter, and (3) pertinent
circumstances.
A diversion of assets includes any unauthorized conversion or use of
the organization's assets other than for the organization's authorized
purposes, including but not limited to embezzlement or theft. Report
diversions by the organization's officers, directors, trustees, employees,
volunteers, independent contractors, grantees (diverting grant funds), or
any other person, even if not associated with the organization other than
by the diversion.
For this purpose, a diversion is considered significant if it exceeds the
lesser of (1) 5% of the organization's gross receipts for its tax year, (2)
5% of the organization's total assets as of the end of its tax year, or (3)
$250,000.

Part I: The Fraud* Page 7
WHAT YOU NEED TO KNOW ABOUT FRAUD
A WORLD WITHOUT DECEPTION

Part I: The Fraud* Page 8
WHAT YOU NEED TO KNOW ABOUT FRAUD

Go to http://www.acfe.com/rttn.aspx to download the report.
Part I: The Fraud* Page 9
WHAT YOU NEED TO KNOW ABOUT FRAUD
ACFE REPORT TO THE NATIONS
SUMMARY OF FINDINGS
• Typical organization loses 5% of its annual revenue to fraud (applied to
2011 Gross World Product = $3.5 trillion)

• Median loss is $140,000
• Fraud lasted 18 months before being detected
• 87% are asset misappropriation schemes
• Most likely detected by a tip than any other means
• Small organizations are disproportionately victimized
• Most occupational fraudsters are first-time offenders with clean
employment histories. Approximately 87% of occupational fraudsters had never
been charged or convicted of a fraud-related offense, and 84% had never been
punished or terminated by an employer for fraud-related conduct
• In 81% of cases, the fraudster displayed one or more behavioral red flags
that are often associated with fraudulent conduct.
– Living beyond their means (36%)
– Experiencing financial difficulties (27%)
– Unusually close association with vendors or customers (19%)
– Excessive control issues (18%)
Part I: The Fraud* Page 10
WHAT YOU NEED TO KNOW ABOUT FRAUD
ACFE REPORT TO THE NATIONS
SUMMARY OF FINDINGS (CONTINUED)
• Perpetrators with higher levels of authority tend to cause much
larger losses. The median loss among frauds committed by owners /
executives was $573,000, the median loss caused by managers was
$180,000, and the median loss caused by employees was $60,000
• The longer a perpetrator has worked for an organization, the
higher fraud losses tend to be. Perpetrators with more than 10
years of experience at the victim organization caused a median loss of
$229,000. By comparison, the median loss caused by perpetrators
who committed fraud in their first year on the job was only $25,000
• 77% of all frauds in the study were committed by individuals
working in one of six departments: accounting, operations, sales,
executive / upper management, customer service, and publishing
• Nearly half of victim organizations do not recover any losses that
they suffer due to fraud. 49% of victims had not recovered any of
the perpetrator’s takings; this finding is consistent with previous
research, which indicates that 40-50% of victim organizations do not
recover any of their fraud-related losses
Part I: The Fraud* Page 11
WHAT YOU NEED TO KNOW ABOUT FRAUD
ACFE REPORT TO THE NATIONS
SUMMARY OF FINDINGS (CONTINUED)
• Not-for-profit organizations made up the smallest portion of the
ACFE’s dataset, accounting for more slightly more than 10% of
reported cases

Part I: The Fraud* Page 12
WHAT YOU NEED TO KNOW ABOUT FRAUD
ACFE REPORT TO THE NATIONS
SUMMARY OF FINDINGS (CONTINUED)

Part I: The Fraud* Page 13
WHAT YOU NEED TO KNOW ABOUT FRAUD
ACFE REPORT TO THE NATIONS
SUMMARY OF FINDINGS (CONTINUED)
• Small organizations (those with fewer than 100 employees)
continue to be the most common victims in fraud

Part I: The Fraud* Page 14
WHAT YOU NEED TO KNOW ABOUT FRAUD
ACFE REPORT TO THE NATIONS
SUMMARY OF FINDINGS (CONTINUED)

Part I: The Fraud* Page 15
WHAT YOU NEED TO KNOW ABOUT FRAUD
ACFE REPORT TO THE NATIONS
SUMMARY OF FINDINGS (CONTINUED)

Part I: The Fraud* Page 16
WHAT YOU NEED TO KNOW ABOUT FRAUD
ACFE REPORT TO THE NATIONS
SUMMARY OF FINDINGS (CONTINUED)

Part I: The Fraud* Page 17
WHAT YOU NEED TO KNOW ABOUT FRAUD
CONCLUSIONS AND RECOMMENDATIONS
• Occupational fraud is a global problem
• Fraud reporting mechanisms (hotlines) are a critical component
of an effective fraud prevention and detection system
• Organizations tend to over-rely on audits
• Employee education is the foundation of preventing and detecting
fraud
• Surprise audits are an effective, yet underutilized tool
• Small businesses are particularly vulnerable to fraud
• Internal controls alone are insufficient to fully prevent fraud
• Fraudsters exhibit behavioral warning signs of their misdeeds
• Effective fraud prevention measures are critical

Part I: The Fraud* Page 18
WHAT YOU NEED TO KNOW ABOUT FRAUD
JP SIMS CONSULTING – CASES REPORTED IN LAST SIX
MONTHS IN THE NONPROFIT SECTOR
• “Former Employee Admits Theft from Coeur d’Alene Tribe”

• “Emory University to Pay $1.5 Million to Settle False Claims Act
Investigation - University Overbilled Medicare and Medicaid for
Patients Enrolled in Clinical Trial Research at Emory’s Winship
Cancer Institute”
• “Union County Woman Convicted of Fraud Leading to the Theft of
$7 Million in Charity HIV and Cancer Medication - Medicines Had
Been Donated to be Used for Indigent Patients”
• “Former President of Remington Volunteer Fire Department
Pleads Guilty to Embezzlement Charge”
• “Mental Health Counselor Receives Six-Year Prison Sentence for
Defrauding Medicaid of $6.1 Million - Defendant Used Proceeds to
Purchase $500,000 in Jewelry and Vehicles”

www.jpsimsconsulting.com
Part I: The Fraud* Page 19
WHAT YOU NEED TO KNOW ABOUT FRAUD
NONPROFIT FRAUD
• Why nonprofits face a disproportionate level of fraud:
– Lack of internal controls / segregation of duties
– Lack of tone at the top / oversight – “volunteers” vs. “the store owner”
– Lack of hiring – due diligence
– Lack of anti-fraud programs
– Too much reliance on audits to catch fraud
– More “mission” driven versus “profit” driven
– Greater culture of “trust”

Part I: The Fraud* Page 20
WHAT YOU NEED TO KNOW ABOUT FRAUD
THE SIZE OF THE NONPROFIT SECTOR2
• 1,424,918 tax-exempt organizations composed of:
– 956,738 public charities
– 97,435 private foundations
– 370,745 other types of organizations (e.g., chambers of commerce, fraternal
organizations, and civic leagues)

• Nonprofits’ share of the U.S. GDP was 5.5% in 2012
• In 2011 (the most recent date in which these figures were
aggregated), public charities accounted for:
– $1.59 trillion in revenue
• Of the revenue, 22% came from contributions, gifts, and government grants; 72%
came from program services revenues, which include government fees and contracts;
and 6% came from “other” sources, including dues, rental income, special event
income, and gains or losses from goods sold

• In 2011 (the most recent date in which these figures were
aggregated), private charitable contributions, which include
giving to public charities and religious congregations, totalled
$298.4 billion

2

National Center for Charitable Statistics, “Quick Facts about Nonprofits,” http://nccs.urban.org/statistics/quickfacts.cfm.

Part I: The Fraud* Page 21
WHAT YOU NEED TO KNOW ABOUT FRAUD
THE MOST IMPORTANT POINTS YOU WILL TAKE AWAY
FROM THIS SEMINAR SERIES
• Design your systems and procedures so you do not have to rely
on trust as a control!
• Any person is capable of committing fraud!
• TRUST IS NOT AN INTERNAL CONTROL!

Part I: The Fraud* Page 22
FAMOUS QUOTES

Part I: The Fraud* Page 23
FAMOUS QUOTES

“Trust, but verify.”
• 40th President of the United States Ronald W. Reagan (1911-2004)

“Verify, then verify some more.”
• Senior Partner, Raffa, P.C., Lawrence J. Hoffman, CPA/CFF, CVA,
CFE (1954-?)
Part I: The Fraud* Page 24
MY BOOK!
EXPECTED RELEASE
THIS WINTER!
STAY TUNED!

Part I: The Fraud* Page 25
WHAT YOU NEED TO KNOW ABOUT FRAUD
THE FIVE MOST IMPORTANT TAKEAWAYS
1. Trust is not an internal control!
– Establish, to the extent possible, controls and procedures that eliminate the
element of trust
– Always segregate the custody of the asset with the recordkeeping for the asset

2. Set the tone from the top!
– “If you are stealing, your employees are stealing!”
– E.g., office supplies, expense reports, etc.

3. Know your employees!
– Background investigations and public records checks before hiring
– Meet and establish a baseline relationship

4. Institute a fraud policy
– No tolerance
– Will prosecute

5. Establish a hotline for tips
– Number one method for detecting fraud!
– Can outsource
Part I: The Fraud* Page 26
TYPES OF FRAUD
THREE BROAD CATEGORIES OF FRAUD
• Financial statement fraud
• Corruption
• Misappropriation of assets

Part I: The Fraud* Page 27
TYPES OF FRAUD

Part I: The Fraud* Page 28
TYPES OF FRAUD
FINANCIAL STATEMENT FRAUD
• Fraudulent financial reporting (“cooking the books”). Intentional
misstatement or omissions of amounts or disclosers in financial
statements designed to deceive financial users when the effect
causes the financial statements not to be presented, in all
material respects, in conformity with GAAP
– Examples:
• Falsification of accounting records
• Omissions of transactions or disclosures

Part I: The Fraud* Page 29
TYPES OF FRAUD
CORRUPTION
• Schemes that involve the employee’s use of his or her influence
in business transactions in a way that violates their duty to the
employer and obtains benefit for themselves or others:
– Conflicts of interest
– Bribery
– Illegal gratuities
– Economic extortion

Part I: The Fraud* Page 30
TYPES OF FRAUD
MISAPPROPRIATION OF ASSETS

Part I: The Fraud* Page 31
TYPES OF FRAUD
MISAPPROPRIATION OF ASSETS
• The theft of an entity’s assets where the effect of the theft causes
the financial statements not to be presented in conformity with
GAAP (sometimes referred to as “defalcation”)
• Misappropriation of assets can be accomplished in various ways,
including:
– Embezzling
– Stealing assets
– Causing an entity to pay for goods or services that have not been
received or causing an entity to overpay for goods or services actually
received

Part I: The Fraud* Page 32
TYPES OF FRAUD
MISAPPROPRIATION OF ASSETS
• Revenue and cash receipts (collections) schemes:
– Cash skimming / unrecorded sales / contributions
– Cash larceny
– Lapping schemes
– Write-off of accounts receivable
– Unauthorized credits
– Check tampering (stolen, altered)

Part I: The Fraud* Page 33
TYPES OF FRAUD
PURCHASING AND CASH DISBURSEMENT SCHEMES
• Fictitious invoices and vendors (shell company)
• Check tampering
– Forged maker (check signer)
– Forged endorsement
– Altered payee

• Bank wire transfers

From “Disputed Handwriting” by Jerome B. Lavay

Part I: The Fraud* Page 34
TYPES OF FRAUD
PAYROLL AND EMPLOYEE EXPENSE REPORTING
SCHEMES
• Payroll schemes
– Ghost employees
– Falsified hours and wages
– Overtime abuses

• Expense reimbursement schemes
– Mischaracterized expenses
– Overstated expenses (altered receipts)
– Fictitious expenses (bogus receipts)
– Multiple reimbursements

Part I: The Fraud* Page 35
TYPES OF FRAUD
NONCASH ASSET MISAPPROPRIATIONS
• Misuse of assets for personal use
• Inventory

Part I: The Fraud* Page 36
CASE STUDY # 1

The Washington Post, Wednesday, June 3, 2009.

Part I: The Fraud* Page 37
CASE STUDY # 1
WHAT WENT WRONG?
• Position of perpetrator: Controller
• Length of time employed: 3 years, 11 months
• Length of time fraud lasted: 3 years, 6 months
• Schemes involved in fraud:
– Fraudulent checks and wire transfers
– Used electronic signatures and signature stamps
– Falsified accounting of transactions in books and records
– Provided forged documents, including bank statements, to independent
auditors

• How was the fraud discovered?: Executive Director found checks
written to perpetrator and an unknown bank account statement in his
office after he was terminated for poor performance

Part I: The Fraud* Page 38
CASE STUDY # 1
HOW MUCH DID IT COST?
• Organization’s annual budget: $2.7 million
• Total fraud loss to the organization: $425,558 (fidelity bond was
only $30,000 with $5,000 deduction)
• Other losses to the organization: Disruption to operations and legal
and forensic consulting fees
• Where did all the money go?: New 2006 BMW 325i car, furniture,
vacations

• What happened to the perpetrator?:
– Criminal prosecution
– Conviction
– 41 months in Allenwood, a low-security correctional institution in White Deer,
PA
– Ordered to pay restitution of $470,990.59

Part I: The Fraud* Page 39
CASE STUDY # 1
LESSONS LEARNED
• Lack of segregation of duties – a “one-man show”!
– Segregate the custody of the asset with the recordkeeping!

• Lack of oversight controls and financial reviews, including review
of financial statements, reconciliations
• Use of signature stamp
• Inadequate fidelity bond coverage
• Too much trust and not enough verification!

Part I: The Fraud* Page 40
CASE STUDY # 2
ORGANIZATION CURRENTLY UNDISCLOSED

Part I: The Fraud* Page 41
CASE STUDY # 2
WHAT WENT WRONG?
• Position of perpetrator: Director of Information Technology
• Length of time employed: 7 years, 7 months – voluntarily left
employment and left country
• Length of time fraud lasted: 7 years, 5 months
• Schemes involved in fraud:
– Billing scheme – shell company – billed for IT equipment that was never
received by the organization or was received, but the price was inflated

• How was the fraud discovered?:
– Whistleblower – person who replaced perpetrator notices discrepancies and
anomalies in past IT inventory and procedures

Part I: The Fraud* Page 42
CASE STUDY # 2
HOW MUCH DID IT COST?
• Total fraud loss to the organization: $3.5 million ($1.3 million
recovered from insurance)

• Other losses to the organization: Disruption to operations and
forensic consulting fees and unwanted negative publicity
• Where did all the money go?: Amusement park in foreign country
• What happened to the perpetrator?: Fled the country

Part I: The Fraud* Page 43
CASE STUDY # 2
LESSONS LEARNED
• Lack of internal controls / segregation of duties
– No separation of custody of asset with recordkeeping

• Lack of a packing and receiving reports match
• One person controlled the procurement, receipt, and deployment
of the assets
• Lack of inventory controls – “The wolf watching over the hen
house”

• Too much trust and not enough verification!

Part I: The Fraud* Page 44
MORE CASE STUDIES

The Washington Post, May 31, 1997.

Part I: The Fraud* Page 45
MORE CASE STUDIES

The Washington Post, August 17, 2011.

Part I: The Fraud* Page 46
MORE CASE STUDIES

The Blog of Legal Times, September 26, 2012.

Part I: The Fraud* Page 47
MORE CASE STUDIES

The Washington Post, May 1, 2010.

Part I: The Fraud* Page 48
MORE CASE STUDIES

The Associated Press, January 14, 2013.

Part I: The Fraud* Page 49
MORE CASE STUDIES

The National Law Journal, January 14, 2013.

Part I: The Fraud* Page 50
MORE CASE STUDIES

The Associated Press, September 24, 2008

Part I: The Fraud* Page 51
MORE CASE STUDIES

The Washington Examiner, July 1, 2010.

Part I: The Fraud* Page 52
MORE CASE STUDIES

Part I: The Fraud* Page 53
WHAT YOU NEED TO KNOW ABOUT FRAUD
THE FIVE MOST IMPORTANT TAKEAWAYS – AGAIN!
1. Trust is not an internal control!
– Establish, to the extent possible, controls and procedures that eliminate the
element of trust
– Always segregate the custody of the asset with the recordkeeping for the asset

2. Set the tone from the top!
– “If you are stealing, your employees are stealing!”
– E.g., office supplies, expense reports, etc.

3. Know your employees!
– Background investigations and public records checks before hiring
– Meet and establish a baseline relationship

4. Institute a fraud policy
– No tolerance
– Will prosecute

5. Establish a hotline for tips
– Number one method for detecting fraud!
– Can outsource
Part I: The Fraud* Page 54
HOW CAN RAFFA ASSIST YOU IN
PREVENTING AND DETECTING FRAUD?
FRAUD INVESTIGATIONS AND PREVENTION
• Fraud examinations and internal investigations
• Fraud risk assessments
• Review of internal controls and management practices
• Financial statement misrepresentations
• Background and workplace investigations
• Computer forensic analysis, imaging, data mining and recovery
• Asset tracing and recovery
• Reconstruction of accounting records
• Continuous audit services
• Anti-fraud consulting and training
Part I: The Fraud* Page 55
HOW CAN RAFFA ASSIST YOU IN
PREVENTING AND DETECTING FRAUD?
COMING SOON!!

A resource for the nonprofit community to help
organizations effectively manage risk and better ensure the
prevention and detection of fraud.

Part I: The Fraud* Page 56
SOME AREAS WE WILL BE GOING OVER IN
OUR OTHER PRESENTATIONS
PART II: THE DETECTION – NOV. 19, 2013, 12:00-2:00 P.M.
•
•
•
•
•

Who are these people that commit fraud?
Why do they commit fraud?
How are most frauds really detected?
Specific things you should have in place to help detect fraud
What should you do when you uncover fraud?

PART III: THE PREVENTION – DEC. 12, 2013, 12:00-2:00 P.M.
•
•
•
•

What are the primary factors contributing to fraud in nonprofits?
Detective versus preventative measures and controls
The best preventative controls and practices
The critical takeaways and how to implement them

Part I: The Fraud* Page 57
RESOURCES AND SUGGESTED READING
• 2012 Report to the Nations on Occupational Fraud and Abuse,
Association of Certified Fraud Examiners,
http://www.acfe.com/rttn.aspx

• “The American Fraud Report,” www.jpsimsconsulting.com
• The CPA’s Handbook of Fraud and Commercial Crime Prevention,
AICPA
• Managing the Business Risk of Fraud: A Practical Guide; AICPA,
ITA, and ACFE; https://na.theiia.org/standardsguidance/Public%20Documents/fraud%20paper.pdf

Part I: The Fraud* Page 58
QUESTIONS AND ANSWERS

Part I: The Fraud* Page 59
BIOGRAPHY
•
•

Started career with a Big-Four international accounting firm in Washington, DC.

•

Founded a regional certified public accounting and consulting firm in 1982 and grew it to
on of the Washington, DC’s largest firms in seven years. Merged his practice with Raffa
P.C. in 2008.

•

Managed and conducted audit and accounting engagements ranging from small privately
held to large publicly held businesses in various industries, including multi-national
businesses, nonprofit organizations, and governmental entities and agencies.

•

Performed economic and financial analysis, including projections and forecasts, in support
of litigation and claims for lost earnings and profits, business interruption, shareholder
disputes, patent and trademark infringements, bankruptcy and restructuring, and structural
settlements; assistance with interrogatories, document requests and depositions; and
serving as an expert and consulting witness.

•

LAWRENCE J. HOFFMAN,
CPA/CFF, CVA, CFE

35 years of consulting, audit, accounting and tax experience in the public and private
sectors.

Performed and supervised business valuations for both public and closely held companies
in a variety of industries, individuals and estates, family limited partnerships and limited
liability companies, including valuations for business combinations (SFAS 141R), mergers,
acquisitions, and divestitures, estate and gift taxes, marital dissolution proceedings, buysell agreements, intangible assets and intellectual property, purchase price allocations,
goodwill (SFAS 142) and long-lived asset (SFAS 144) impairment, fair value accounting
(SFAS 157), cheap stock (IRC 409A), stock-based compensation (SFAS 123R), phantom
stock and employee stock ownership plans.

•

Conducted and led teams of forensic accountants on fraud audits and investigations,
including fraudulent financial statements, misappropriations of assets and embezzlements;
money laundering, kickbacks, bribery and conflicts of interest; insurance claims;
bankruptcy; financial institutions and loan fraud.
Also has conducted fraud risk
assessments, anti-fraud programs, and fraud training and education.

SENIOR PARTNER
RAFFA, P.C.
1899 L STREET, NW
WASHINGTON, DC 20036
TEL. 202-822-5408
FAX 202-822-0669
LHOFFMAN@RAFFA.COM

Part I: The Fraud* Page 60
BIOGRAPHY
•

•

Formulated strategic short- and long-term business and financial planning for various
business organizations and served as interim “C” level positions, including for a major
North American sports league, European and U.S. aircraft manufacturer, aviation charter
airline and travel company, and a multi-chain quick service food chain.

•

Formulated syndication strategies and prepared business plans and private placement
offerings, including financial forecasts, market research and analysis, due diligence,
securities pricing and structuring for various public and private securities offerings,
including SEC filing.

•

Founded and developed a regional NASD licensed broker dealer investment banking firm.
Placed over $150 million in debt and equity and represented over $200 million in merger
and acquisition transactions.

•

LAWRENCE J. HOFFMAN,
CPA/CFF, CVA, CFE

Assisted companies and nonprofits with restructuring and turnaround situations, including
recapitalizations, reorganizations and liquidations. Advised entities on Chapters 11 and 7,
bankruptcy filings and proceedings and non-judicial workouts. Developed and
administered crisis management plans, cash flows, liquidation and turnaround analysis,
debt restructuring and creditor negotiations, and turnaround plans.

Founded and developed two private equity funds in excess of $10 million, including
investments in early stage and mature emerging companies in the form of debt and equity.
Portfolio investments included aviation, food and hospitality, software and technology,
telecommunications, sports and entertainment, banking and financial institutions,
healthcare, and wholesale and retail.

•

Co-founded and managed various real estate acquisition, ownership, and operating
entities, including commercial office buildings, shopping centers, flex warehouses,
residential housing and developed land.

•

Performed tax and financial consulting services for individuals and closely held
businesses.

•

Instructor in audit, accounting, finance, and forensic accounting.

SENIOR PARTNER

Part I: The Fraud* Page 61
BIOGRAPHY
EDUCATION & CERTIFICATIONS
Bachelor of Science, Accounting – Mount St. Mary’s University
Certified Public Accountant (CPA)
Certified Fraud Examiner (CFE)

•

Certified in Financial Forensics (CFF)

•
•
•
•
•

LAWRENCE J. HOFFMAN,
CPA/CFF, CVA, CFE

•
•
•

Certified Valuation Analyst (CVA)
Private Investigator (PI), Virginia
Series 7 General Securities Representative (not active)
Series 24 General Securities Principal (not active)
Series 63 Uniform Securities Agent (not active)

PROFESSIONAL ASSOCIATIONS & AFFILIATIONS
•

SENIOR PARTNER

American Institute of Certified Public Accountants, Member

•
•
•
•

Virginia Society of Certified Public Accountants
Association of Certified Fraud Examiners
National Association of Certified Valuation Analysts
Institute of Business Appraisers

PERSONAL INTERESTS
•
•
•

Private pilot with instrument, multi-engine, high performance complex and aircraft ratings
Golf and fishing
Reading and politics

Part I: The Fraud* Page 62
BIOGRAPHY

Leslie C Kirsch, CFE

Manager
RAFFA, P.C.
1899 L STREET, NW
WASHINGTON, DC 20036

TEL. 202-955-7204
FAX 202-822-0669
LKIRSCH@RAFFA.COM

• 9 years of fraud investigation and financial audit experience
• Started career with U.S. Government Accountability Office’s Forensic Audits and
Special Investigations Unit
• Led as many as 3 concurrent forensic audits and investigations on a variety of
topics, including: Federal contractor/grantee eligibility fraud and integrity issues;
federal tax collection program integrity; abuse of government purchase cards,
travel cards, and premium class travel privileges; employment of sex offenders
and child abusers at schools and child care facilities; passport application fraud;
manufacture and marketing of herbal dietary supplements
• Planned, developed, and completed audit and investigative objectives, scope,
and methodology
• Designed innovative analytical strategies and investigative techniques to identify
fraud indicators in complex datasets, using software packages such as IDEA and
SAS
• Identified, investigated, and ultimately referred hundreds of cases of potential
fraud, waste, and abuse to federal authorities for administrative action
• Led multiple undercover operations of varying complexity and political sensitivity
• Drafted numerous congressional testimonies and publicly available audit reports
(see co-authorship experience below)
• Designed and implemented internal quality assurance policies and procedures
• Bachelor of Science, Accounting – University of Maryland, College Park
• Bachelor of Science, Finance – University of Maryland, College Park
• Designated as a Certified Fraud Examiner (CFE) by the Association of Certified
Fraud Examiners
Part I: The Fraud* Page 63

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2013-10-31 Nonprofit Fraud Part 1

  • 1. NONPROFIT FRAUD: WHAT YOU NEED TO KNOW PART I: THE FRAUD Lawrence J. Hoffman, CPA/CFF, CVA, CFE Senior Partner and Director of Forensic Accounting Services Leslie C. Kirsch, CFE Manager, Forensic Accounting Services October 31, 2013
  • 2. OBJECTIVES NONPROFIT FRAUD: THREE-PART SERIES PART I: THE FRAUD • • • • • Why it is important that you are educated in fraud The magnitude of fraud in nonprofits The types of frauds in nonprofits Why does fraud occur in nonprofits Some important fraud prevention takeaways PART II: THE DETECTION • • • • • • Who are the fraud perpetrators? Why do people commit fraud? How is fraud detected? What are fraud red flags? Fraud detection techniques What do you do when you uncover fraud? PART III: THE PREVENTION • • • • What are the primary factors contributing to fraud in nonprofits? Detective versus preventative controls What are the best preventative measures? The five critical takeaways! Part I: The Fraud* Page 2
  • 3. AGENDA • Why you need to be educated about fraud • What you need to know about the impact of fraud • Common types of fraud in nonprofits • Case study # 1 • Case study # 2 • More case studies • Summary – the important takeaways! • How can Raffa assist you in preventing and detecting fraud • Resources and suggested reading • Questions and answers Part I: The Fraud* Page 3
  • 4. WHY YOU NEED TO KNOW ABOUT FRAUD THE TOP TEN REASONS! 1. Nonprofit organizations are very susceptible to fraud and abuse 2. Don’t count on your outside auditor to uncover the fraud 3. Fraud increases when the “pressure / incentive” increases, which increases in a poor economy1 and layoffs (fewer employees doing more) 4. You probably have some sort of fraud in your organization going on and you don’t know it 5. A fraud in your organization could bring unwanted outcomes, such as adverse publicity, loss of support, lower employee morale, and disruption of your operations 1 See article, “In Tough Economy, Employee Theft Climbs to Epidemic Proportions, Expert Says,” Statesman.com, November 2011. Part I: The Fraud* Page 4
  • 5. WHY YOU NEED TO KNOW ABOUT FRAUD THE TOP TEN REASONS! (CONTINUED) 6. The IRS requires you to disclose instances of fraud – Form 990 – more transparent to donors 7. You cannot afford the loss, cost of the investigation, and disruption to your operations 8. Asset (cash ) misappropriations are by far the most prevalent frauds committed against nonprofits and the most important resource 9. The fraud perpetrator is not easily known to the organization. In many cases, the perpetrator is “someone you know and trust” 10. You could find yourself personally liable for damages Part I: The Fraud* Page 5
  • 6. WHY YOU NEED TO KNOW ABOUT FRAUD FORM 990 RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX Part I: The Fraud* Page 6
  • 7. WHY YOU NEED TO KNOW ABOUT FRAUD FORM 990 RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX Explain (1) the nature of the diversion, (2) amounts or property involved, corrective actions taken to address the matter, and (3) pertinent circumstances. A diversion of assets includes any unauthorized conversion or use of the organization's assets other than for the organization's authorized purposes, including but not limited to embezzlement or theft. Report diversions by the organization's officers, directors, trustees, employees, volunteers, independent contractors, grantees (diverting grant funds), or any other person, even if not associated with the organization other than by the diversion. For this purpose, a diversion is considered significant if it exceeds the lesser of (1) 5% of the organization's gross receipts for its tax year, (2) 5% of the organization's total assets as of the end of its tax year, or (3) $250,000. Part I: The Fraud* Page 7
  • 8. WHAT YOU NEED TO KNOW ABOUT FRAUD A WORLD WITHOUT DECEPTION Part I: The Fraud* Page 8
  • 9. WHAT YOU NEED TO KNOW ABOUT FRAUD Go to http://www.acfe.com/rttn.aspx to download the report. Part I: The Fraud* Page 9
  • 10. WHAT YOU NEED TO KNOW ABOUT FRAUD ACFE REPORT TO THE NATIONS SUMMARY OF FINDINGS • Typical organization loses 5% of its annual revenue to fraud (applied to 2011 Gross World Product = $3.5 trillion) • Median loss is $140,000 • Fraud lasted 18 months before being detected • 87% are asset misappropriation schemes • Most likely detected by a tip than any other means • Small organizations are disproportionately victimized • Most occupational fraudsters are first-time offenders with clean employment histories. Approximately 87% of occupational fraudsters had never been charged or convicted of a fraud-related offense, and 84% had never been punished or terminated by an employer for fraud-related conduct • In 81% of cases, the fraudster displayed one or more behavioral red flags that are often associated with fraudulent conduct. – Living beyond their means (36%) – Experiencing financial difficulties (27%) – Unusually close association with vendors or customers (19%) – Excessive control issues (18%) Part I: The Fraud* Page 10
  • 11. WHAT YOU NEED TO KNOW ABOUT FRAUD ACFE REPORT TO THE NATIONS SUMMARY OF FINDINGS (CONTINUED) • Perpetrators with higher levels of authority tend to cause much larger losses. The median loss among frauds committed by owners / executives was $573,000, the median loss caused by managers was $180,000, and the median loss caused by employees was $60,000 • The longer a perpetrator has worked for an organization, the higher fraud losses tend to be. Perpetrators with more than 10 years of experience at the victim organization caused a median loss of $229,000. By comparison, the median loss caused by perpetrators who committed fraud in their first year on the job was only $25,000 • 77% of all frauds in the study were committed by individuals working in one of six departments: accounting, operations, sales, executive / upper management, customer service, and publishing • Nearly half of victim organizations do not recover any losses that they suffer due to fraud. 49% of victims had not recovered any of the perpetrator’s takings; this finding is consistent with previous research, which indicates that 40-50% of victim organizations do not recover any of their fraud-related losses Part I: The Fraud* Page 11
  • 12. WHAT YOU NEED TO KNOW ABOUT FRAUD ACFE REPORT TO THE NATIONS SUMMARY OF FINDINGS (CONTINUED) • Not-for-profit organizations made up the smallest portion of the ACFE’s dataset, accounting for more slightly more than 10% of reported cases Part I: The Fraud* Page 12
  • 13. WHAT YOU NEED TO KNOW ABOUT FRAUD ACFE REPORT TO THE NATIONS SUMMARY OF FINDINGS (CONTINUED) Part I: The Fraud* Page 13
  • 14. WHAT YOU NEED TO KNOW ABOUT FRAUD ACFE REPORT TO THE NATIONS SUMMARY OF FINDINGS (CONTINUED) • Small organizations (those with fewer than 100 employees) continue to be the most common victims in fraud Part I: The Fraud* Page 14
  • 15. WHAT YOU NEED TO KNOW ABOUT FRAUD ACFE REPORT TO THE NATIONS SUMMARY OF FINDINGS (CONTINUED) Part I: The Fraud* Page 15
  • 16. WHAT YOU NEED TO KNOW ABOUT FRAUD ACFE REPORT TO THE NATIONS SUMMARY OF FINDINGS (CONTINUED) Part I: The Fraud* Page 16
  • 17. WHAT YOU NEED TO KNOW ABOUT FRAUD ACFE REPORT TO THE NATIONS SUMMARY OF FINDINGS (CONTINUED) Part I: The Fraud* Page 17
  • 18. WHAT YOU NEED TO KNOW ABOUT FRAUD CONCLUSIONS AND RECOMMENDATIONS • Occupational fraud is a global problem • Fraud reporting mechanisms (hotlines) are a critical component of an effective fraud prevention and detection system • Organizations tend to over-rely on audits • Employee education is the foundation of preventing and detecting fraud • Surprise audits are an effective, yet underutilized tool • Small businesses are particularly vulnerable to fraud • Internal controls alone are insufficient to fully prevent fraud • Fraudsters exhibit behavioral warning signs of their misdeeds • Effective fraud prevention measures are critical Part I: The Fraud* Page 18
  • 19. WHAT YOU NEED TO KNOW ABOUT FRAUD JP SIMS CONSULTING – CASES REPORTED IN LAST SIX MONTHS IN THE NONPROFIT SECTOR • “Former Employee Admits Theft from Coeur d’Alene Tribe” • “Emory University to Pay $1.5 Million to Settle False Claims Act Investigation - University Overbilled Medicare and Medicaid for Patients Enrolled in Clinical Trial Research at Emory’s Winship Cancer Institute” • “Union County Woman Convicted of Fraud Leading to the Theft of $7 Million in Charity HIV and Cancer Medication - Medicines Had Been Donated to be Used for Indigent Patients” • “Former President of Remington Volunteer Fire Department Pleads Guilty to Embezzlement Charge” • “Mental Health Counselor Receives Six-Year Prison Sentence for Defrauding Medicaid of $6.1 Million - Defendant Used Proceeds to Purchase $500,000 in Jewelry and Vehicles” www.jpsimsconsulting.com Part I: The Fraud* Page 19
  • 20. WHAT YOU NEED TO KNOW ABOUT FRAUD NONPROFIT FRAUD • Why nonprofits face a disproportionate level of fraud: – Lack of internal controls / segregation of duties – Lack of tone at the top / oversight – “volunteers” vs. “the store owner” – Lack of hiring – due diligence – Lack of anti-fraud programs – Too much reliance on audits to catch fraud – More “mission” driven versus “profit” driven – Greater culture of “trust” Part I: The Fraud* Page 20
  • 21. WHAT YOU NEED TO KNOW ABOUT FRAUD THE SIZE OF THE NONPROFIT SECTOR2 • 1,424,918 tax-exempt organizations composed of: – 956,738 public charities – 97,435 private foundations – 370,745 other types of organizations (e.g., chambers of commerce, fraternal organizations, and civic leagues) • Nonprofits’ share of the U.S. GDP was 5.5% in 2012 • In 2011 (the most recent date in which these figures were aggregated), public charities accounted for: – $1.59 trillion in revenue • Of the revenue, 22% came from contributions, gifts, and government grants; 72% came from program services revenues, which include government fees and contracts; and 6% came from “other” sources, including dues, rental income, special event income, and gains or losses from goods sold • In 2011 (the most recent date in which these figures were aggregated), private charitable contributions, which include giving to public charities and religious congregations, totalled $298.4 billion 2 National Center for Charitable Statistics, “Quick Facts about Nonprofits,” http://nccs.urban.org/statistics/quickfacts.cfm. Part I: The Fraud* Page 21
  • 22. WHAT YOU NEED TO KNOW ABOUT FRAUD THE MOST IMPORTANT POINTS YOU WILL TAKE AWAY FROM THIS SEMINAR SERIES • Design your systems and procedures so you do not have to rely on trust as a control! • Any person is capable of committing fraud! • TRUST IS NOT AN INTERNAL CONTROL! Part I: The Fraud* Page 22
  • 23. FAMOUS QUOTES Part I: The Fraud* Page 23
  • 24. FAMOUS QUOTES “Trust, but verify.” • 40th President of the United States Ronald W. Reagan (1911-2004) “Verify, then verify some more.” • Senior Partner, Raffa, P.C., Lawrence J. Hoffman, CPA/CFF, CVA, CFE (1954-?) Part I: The Fraud* Page 24
  • 25. MY BOOK! EXPECTED RELEASE THIS WINTER! STAY TUNED! Part I: The Fraud* Page 25
  • 26. WHAT YOU NEED TO KNOW ABOUT FRAUD THE FIVE MOST IMPORTANT TAKEAWAYS 1. Trust is not an internal control! – Establish, to the extent possible, controls and procedures that eliminate the element of trust – Always segregate the custody of the asset with the recordkeeping for the asset 2. Set the tone from the top! – “If you are stealing, your employees are stealing!” – E.g., office supplies, expense reports, etc. 3. Know your employees! – Background investigations and public records checks before hiring – Meet and establish a baseline relationship 4. Institute a fraud policy – No tolerance – Will prosecute 5. Establish a hotline for tips – Number one method for detecting fraud! – Can outsource Part I: The Fraud* Page 26
  • 27. TYPES OF FRAUD THREE BROAD CATEGORIES OF FRAUD • Financial statement fraud • Corruption • Misappropriation of assets Part I: The Fraud* Page 27
  • 28. TYPES OF FRAUD Part I: The Fraud* Page 28
  • 29. TYPES OF FRAUD FINANCIAL STATEMENT FRAUD • Fraudulent financial reporting (“cooking the books”). Intentional misstatement or omissions of amounts or disclosers in financial statements designed to deceive financial users when the effect causes the financial statements not to be presented, in all material respects, in conformity with GAAP – Examples: • Falsification of accounting records • Omissions of transactions or disclosures Part I: The Fraud* Page 29
  • 30. TYPES OF FRAUD CORRUPTION • Schemes that involve the employee’s use of his or her influence in business transactions in a way that violates their duty to the employer and obtains benefit for themselves or others: – Conflicts of interest – Bribery – Illegal gratuities – Economic extortion Part I: The Fraud* Page 30
  • 31. TYPES OF FRAUD MISAPPROPRIATION OF ASSETS Part I: The Fraud* Page 31
  • 32. TYPES OF FRAUD MISAPPROPRIATION OF ASSETS • The theft of an entity’s assets where the effect of the theft causes the financial statements not to be presented in conformity with GAAP (sometimes referred to as “defalcation”) • Misappropriation of assets can be accomplished in various ways, including: – Embezzling – Stealing assets – Causing an entity to pay for goods or services that have not been received or causing an entity to overpay for goods or services actually received Part I: The Fraud* Page 32
  • 33. TYPES OF FRAUD MISAPPROPRIATION OF ASSETS • Revenue and cash receipts (collections) schemes: – Cash skimming / unrecorded sales / contributions – Cash larceny – Lapping schemes – Write-off of accounts receivable – Unauthorized credits – Check tampering (stolen, altered) Part I: The Fraud* Page 33
  • 34. TYPES OF FRAUD PURCHASING AND CASH DISBURSEMENT SCHEMES • Fictitious invoices and vendors (shell company) • Check tampering – Forged maker (check signer) – Forged endorsement – Altered payee • Bank wire transfers From “Disputed Handwriting” by Jerome B. Lavay Part I: The Fraud* Page 34
  • 35. TYPES OF FRAUD PAYROLL AND EMPLOYEE EXPENSE REPORTING SCHEMES • Payroll schemes – Ghost employees – Falsified hours and wages – Overtime abuses • Expense reimbursement schemes – Mischaracterized expenses – Overstated expenses (altered receipts) – Fictitious expenses (bogus receipts) – Multiple reimbursements Part I: The Fraud* Page 35
  • 36. TYPES OF FRAUD NONCASH ASSET MISAPPROPRIATIONS • Misuse of assets for personal use • Inventory Part I: The Fraud* Page 36
  • 37. CASE STUDY # 1 The Washington Post, Wednesday, June 3, 2009. Part I: The Fraud* Page 37
  • 38. CASE STUDY # 1 WHAT WENT WRONG? • Position of perpetrator: Controller • Length of time employed: 3 years, 11 months • Length of time fraud lasted: 3 years, 6 months • Schemes involved in fraud: – Fraudulent checks and wire transfers – Used electronic signatures and signature stamps – Falsified accounting of transactions in books and records – Provided forged documents, including bank statements, to independent auditors • How was the fraud discovered?: Executive Director found checks written to perpetrator and an unknown bank account statement in his office after he was terminated for poor performance Part I: The Fraud* Page 38
  • 39. CASE STUDY # 1 HOW MUCH DID IT COST? • Organization’s annual budget: $2.7 million • Total fraud loss to the organization: $425,558 (fidelity bond was only $30,000 with $5,000 deduction) • Other losses to the organization: Disruption to operations and legal and forensic consulting fees • Where did all the money go?: New 2006 BMW 325i car, furniture, vacations • What happened to the perpetrator?: – Criminal prosecution – Conviction – 41 months in Allenwood, a low-security correctional institution in White Deer, PA – Ordered to pay restitution of $470,990.59 Part I: The Fraud* Page 39
  • 40. CASE STUDY # 1 LESSONS LEARNED • Lack of segregation of duties – a “one-man show”! – Segregate the custody of the asset with the recordkeeping! • Lack of oversight controls and financial reviews, including review of financial statements, reconciliations • Use of signature stamp • Inadequate fidelity bond coverage • Too much trust and not enough verification! Part I: The Fraud* Page 40
  • 41. CASE STUDY # 2 ORGANIZATION CURRENTLY UNDISCLOSED Part I: The Fraud* Page 41
  • 42. CASE STUDY # 2 WHAT WENT WRONG? • Position of perpetrator: Director of Information Technology • Length of time employed: 7 years, 7 months – voluntarily left employment and left country • Length of time fraud lasted: 7 years, 5 months • Schemes involved in fraud: – Billing scheme – shell company – billed for IT equipment that was never received by the organization or was received, but the price was inflated • How was the fraud discovered?: – Whistleblower – person who replaced perpetrator notices discrepancies and anomalies in past IT inventory and procedures Part I: The Fraud* Page 42
  • 43. CASE STUDY # 2 HOW MUCH DID IT COST? • Total fraud loss to the organization: $3.5 million ($1.3 million recovered from insurance) • Other losses to the organization: Disruption to operations and forensic consulting fees and unwanted negative publicity • Where did all the money go?: Amusement park in foreign country • What happened to the perpetrator?: Fled the country Part I: The Fraud* Page 43
  • 44. CASE STUDY # 2 LESSONS LEARNED • Lack of internal controls / segregation of duties – No separation of custody of asset with recordkeeping • Lack of a packing and receiving reports match • One person controlled the procurement, receipt, and deployment of the assets • Lack of inventory controls – “The wolf watching over the hen house” • Too much trust and not enough verification! Part I: The Fraud* Page 44
  • 45. MORE CASE STUDIES The Washington Post, May 31, 1997. Part I: The Fraud* Page 45
  • 46. MORE CASE STUDIES The Washington Post, August 17, 2011. Part I: The Fraud* Page 46
  • 47. MORE CASE STUDIES The Blog of Legal Times, September 26, 2012. Part I: The Fraud* Page 47
  • 48. MORE CASE STUDIES The Washington Post, May 1, 2010. Part I: The Fraud* Page 48
  • 49. MORE CASE STUDIES The Associated Press, January 14, 2013. Part I: The Fraud* Page 49
  • 50. MORE CASE STUDIES The National Law Journal, January 14, 2013. Part I: The Fraud* Page 50
  • 51. MORE CASE STUDIES The Associated Press, September 24, 2008 Part I: The Fraud* Page 51
  • 52. MORE CASE STUDIES The Washington Examiner, July 1, 2010. Part I: The Fraud* Page 52
  • 53. MORE CASE STUDIES Part I: The Fraud* Page 53
  • 54. WHAT YOU NEED TO KNOW ABOUT FRAUD THE FIVE MOST IMPORTANT TAKEAWAYS – AGAIN! 1. Trust is not an internal control! – Establish, to the extent possible, controls and procedures that eliminate the element of trust – Always segregate the custody of the asset with the recordkeeping for the asset 2. Set the tone from the top! – “If you are stealing, your employees are stealing!” – E.g., office supplies, expense reports, etc. 3. Know your employees! – Background investigations and public records checks before hiring – Meet and establish a baseline relationship 4. Institute a fraud policy – No tolerance – Will prosecute 5. Establish a hotline for tips – Number one method for detecting fraud! – Can outsource Part I: The Fraud* Page 54
  • 55. HOW CAN RAFFA ASSIST YOU IN PREVENTING AND DETECTING FRAUD? FRAUD INVESTIGATIONS AND PREVENTION • Fraud examinations and internal investigations • Fraud risk assessments • Review of internal controls and management practices • Financial statement misrepresentations • Background and workplace investigations • Computer forensic analysis, imaging, data mining and recovery • Asset tracing and recovery • Reconstruction of accounting records • Continuous audit services • Anti-fraud consulting and training Part I: The Fraud* Page 55
  • 56. HOW CAN RAFFA ASSIST YOU IN PREVENTING AND DETECTING FRAUD? COMING SOON!! A resource for the nonprofit community to help organizations effectively manage risk and better ensure the prevention and detection of fraud. Part I: The Fraud* Page 56
  • 57. SOME AREAS WE WILL BE GOING OVER IN OUR OTHER PRESENTATIONS PART II: THE DETECTION – NOV. 19, 2013, 12:00-2:00 P.M. • • • • • Who are these people that commit fraud? Why do they commit fraud? How are most frauds really detected? Specific things you should have in place to help detect fraud What should you do when you uncover fraud? PART III: THE PREVENTION – DEC. 12, 2013, 12:00-2:00 P.M. • • • • What are the primary factors contributing to fraud in nonprofits? Detective versus preventative measures and controls The best preventative controls and practices The critical takeaways and how to implement them Part I: The Fraud* Page 57
  • 58. RESOURCES AND SUGGESTED READING • 2012 Report to the Nations on Occupational Fraud and Abuse, Association of Certified Fraud Examiners, http://www.acfe.com/rttn.aspx • “The American Fraud Report,” www.jpsimsconsulting.com • The CPA’s Handbook of Fraud and Commercial Crime Prevention, AICPA • Managing the Business Risk of Fraud: A Practical Guide; AICPA, ITA, and ACFE; https://na.theiia.org/standardsguidance/Public%20Documents/fraud%20paper.pdf Part I: The Fraud* Page 58
  • 59. QUESTIONS AND ANSWERS Part I: The Fraud* Page 59
  • 60. BIOGRAPHY • • Started career with a Big-Four international accounting firm in Washington, DC. • Founded a regional certified public accounting and consulting firm in 1982 and grew it to on of the Washington, DC’s largest firms in seven years. Merged his practice with Raffa P.C. in 2008. • Managed and conducted audit and accounting engagements ranging from small privately held to large publicly held businesses in various industries, including multi-national businesses, nonprofit organizations, and governmental entities and agencies. • Performed economic and financial analysis, including projections and forecasts, in support of litigation and claims for lost earnings and profits, business interruption, shareholder disputes, patent and trademark infringements, bankruptcy and restructuring, and structural settlements; assistance with interrogatories, document requests and depositions; and serving as an expert and consulting witness. • LAWRENCE J. HOFFMAN, CPA/CFF, CVA, CFE 35 years of consulting, audit, accounting and tax experience in the public and private sectors. Performed and supervised business valuations for both public and closely held companies in a variety of industries, individuals and estates, family limited partnerships and limited liability companies, including valuations for business combinations (SFAS 141R), mergers, acquisitions, and divestitures, estate and gift taxes, marital dissolution proceedings, buysell agreements, intangible assets and intellectual property, purchase price allocations, goodwill (SFAS 142) and long-lived asset (SFAS 144) impairment, fair value accounting (SFAS 157), cheap stock (IRC 409A), stock-based compensation (SFAS 123R), phantom stock and employee stock ownership plans. • Conducted and led teams of forensic accountants on fraud audits and investigations, including fraudulent financial statements, misappropriations of assets and embezzlements; money laundering, kickbacks, bribery and conflicts of interest; insurance claims; bankruptcy; financial institutions and loan fraud. Also has conducted fraud risk assessments, anti-fraud programs, and fraud training and education. SENIOR PARTNER RAFFA, P.C. 1899 L STREET, NW WASHINGTON, DC 20036 TEL. 202-822-5408 FAX 202-822-0669 LHOFFMAN@RAFFA.COM Part I: The Fraud* Page 60
  • 61. BIOGRAPHY • • Formulated strategic short- and long-term business and financial planning for various business organizations and served as interim “C” level positions, including for a major North American sports league, European and U.S. aircraft manufacturer, aviation charter airline and travel company, and a multi-chain quick service food chain. • Formulated syndication strategies and prepared business plans and private placement offerings, including financial forecasts, market research and analysis, due diligence, securities pricing and structuring for various public and private securities offerings, including SEC filing. • Founded and developed a regional NASD licensed broker dealer investment banking firm. Placed over $150 million in debt and equity and represented over $200 million in merger and acquisition transactions. • LAWRENCE J. HOFFMAN, CPA/CFF, CVA, CFE Assisted companies and nonprofits with restructuring and turnaround situations, including recapitalizations, reorganizations and liquidations. Advised entities on Chapters 11 and 7, bankruptcy filings and proceedings and non-judicial workouts. Developed and administered crisis management plans, cash flows, liquidation and turnaround analysis, debt restructuring and creditor negotiations, and turnaround plans. Founded and developed two private equity funds in excess of $10 million, including investments in early stage and mature emerging companies in the form of debt and equity. Portfolio investments included aviation, food and hospitality, software and technology, telecommunications, sports and entertainment, banking and financial institutions, healthcare, and wholesale and retail. • Co-founded and managed various real estate acquisition, ownership, and operating entities, including commercial office buildings, shopping centers, flex warehouses, residential housing and developed land. • Performed tax and financial consulting services for individuals and closely held businesses. • Instructor in audit, accounting, finance, and forensic accounting. SENIOR PARTNER Part I: The Fraud* Page 61
  • 62. BIOGRAPHY EDUCATION & CERTIFICATIONS Bachelor of Science, Accounting – Mount St. Mary’s University Certified Public Accountant (CPA) Certified Fraud Examiner (CFE) • Certified in Financial Forensics (CFF) • • • • • LAWRENCE J. HOFFMAN, CPA/CFF, CVA, CFE • • • Certified Valuation Analyst (CVA) Private Investigator (PI), Virginia Series 7 General Securities Representative (not active) Series 24 General Securities Principal (not active) Series 63 Uniform Securities Agent (not active) PROFESSIONAL ASSOCIATIONS & AFFILIATIONS • SENIOR PARTNER American Institute of Certified Public Accountants, Member • • • • Virginia Society of Certified Public Accountants Association of Certified Fraud Examiners National Association of Certified Valuation Analysts Institute of Business Appraisers PERSONAL INTERESTS • • • Private pilot with instrument, multi-engine, high performance complex and aircraft ratings Golf and fishing Reading and politics Part I: The Fraud* Page 62
  • 63. BIOGRAPHY Leslie C Kirsch, CFE Manager RAFFA, P.C. 1899 L STREET, NW WASHINGTON, DC 20036 TEL. 202-955-7204 FAX 202-822-0669 LKIRSCH@RAFFA.COM • 9 years of fraud investigation and financial audit experience • Started career with U.S. Government Accountability Office’s Forensic Audits and Special Investigations Unit • Led as many as 3 concurrent forensic audits and investigations on a variety of topics, including: Federal contractor/grantee eligibility fraud and integrity issues; federal tax collection program integrity; abuse of government purchase cards, travel cards, and premium class travel privileges; employment of sex offenders and child abusers at schools and child care facilities; passport application fraud; manufacture and marketing of herbal dietary supplements • Planned, developed, and completed audit and investigative objectives, scope, and methodology • Designed innovative analytical strategies and investigative techniques to identify fraud indicators in complex datasets, using software packages such as IDEA and SAS • Identified, investigated, and ultimately referred hundreds of cases of potential fraud, waste, and abuse to federal authorities for administrative action • Led multiple undercover operations of varying complexity and political sensitivity • Drafted numerous congressional testimonies and publicly available audit reports (see co-authorship experience below) • Designed and implemented internal quality assurance policies and procedures • Bachelor of Science, Accounting – University of Maryland, College Park • Bachelor of Science, Finance – University of Maryland, College Park • Designated as a Certified Fraud Examiner (CFE) by the Association of Certified Fraud Examiners Part I: The Fraud* Page 63

Notas do Editor

  1. From The Invention of Lying, 2009The Invention of Lying imagines a world without deception, where everyone must tell the truth, the whole truth, and nothing but the truth. Unfortunately, life is a little bit different in our world.
  2. Reagan – “Trust but verify”
  3. Sam the Seagull – a nasty piece of work, he has an established habit of taking things that don’t belong to him and converting them for his personal benefit.