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Lecture note Fraud Examination chapter 8
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After the theft, additional evidential tracks occur as perpetrators conceal their fraud by covering their actions, obscuring evidence, and removing red flags where possible. While many methods of concealment are possible, concealment generally is accomplished by manipulating documentary evidence. such as purchase invoices, sales invoices, credit memos, deposit slips, checks, receiving reports, bills of lading, leases, titles, sales receipts, money orders, cashier’s checks, or insurance policies From an electronic perspective, concealment is accomplished by modifying or deleting records in corporate databases, logs, and communications.
Most concealment-based investigative techniques involve ways to discover physical documents or computer records that have been manipulated or altered. When faced with a choice between an eyewitness and a good document as evidence, most fraud experts choose the document. Unlike witnesses, documents do not forget, they cannot be cross-examined or confused by attorneys, they cannot commit perjury, and they never tell inconsistent stories on two different occasions. In today’s interconnected, financial world, it is nearly impossible to transfer money without creating documents along the process. Documents are almost always available to the fraud investigator who knows where to find them because most fraud involves money at some point. Example—Cancelled Check Information on the front and back of a cancelled check (which is a document) is shown and listed in Figure 8.1. If you were investigating a kickback or a forgery scheme, this check would allow you to complete a paper trail of the entire transaction. This check would direct you to the teller who processed the transaction and who may remember valuable information about the suspect. In e-commerce situations, XML documents and other files provide similar information.
Information on Check Specific Aspects of Documentary Evidence Investigators must understand the following aspects of documentary evidence: Chain of custody of documents Marking of evidence Organization of documentary evidence Coordination of evidence Rules concerning original versus copies of documents
Regardless of the system, managing the large volume of documents in a typical case requires a consistent organizational scheme. These kinds of databases are searchable by keyword, witness, topic, and other means. Bates numbers: used by attorneys involved in litigation to track all documents FBI: Bureau Investigative Document Management and Analysis System (BIDMAS) Primary features o The search function uses powerful matching to allow investigators, agents, and attorneys to find and search documents within the system. o Analytical tools in the system allow users to see interrelationships and correspondence between individuals in relation to search terms. o Finally, the system has a feature that reduces duplicate information automatically. Evidence Database Evidence database should include the following: o Creation dates of documents o Sources of documents o Dates when the documents were obtained o Brief descriptions of document contents o Subjects of documents o Identifying or Bates number Bates numbers: used by attorneys involved in litigation to track all documents Coordination of Evidence Coordination of evidence can be: Straightforward when an investigation is simple and involves only a few people More difficult for large investigations involving investigators, legal counsel, accountants, expert witnesses, etc. Investigation analysis software allows investigators to quickly understand complex scenarios and volumes of information in a visual, intuitive way using link analysis. Two popular investigation analysis products are: i2 Analyst’s Notebook Xanalys Link Explorer
Link Analysis
The best way to obtain documentary evidence is through computer-based queries of accounting and other databases. These methods allow full-population analysis and are able to pinpoint evidential records within huge record populations. Another useful method of obtaining documentary evidence is through traditional audits, including discovery sampling.
Discovering Sampling Steps o Discovery sampling is the easiest of all statistical sampling variations to understand and implement, especially since most audit software applications like ACL and IDEA have functions that perform it. o Discovery sampling deals with the probability of discovering at least one error in a given sample size if the population error rate is a certain percentage. o Discovery sampling involves two steps: o Testing a random sample o Using probability theory to draw inferences about the population from the sample Discovering Sampling Illustration Assume that the defense auditor wanted to use discovery sampling to examine checks payable to doctors. o First, he would use a random number generator or a random number table to select the checks to be examined. A sample list of random numbers is shown in Table 8.1. o Once the checks have been selected, the next step is to use a discovery sampling table to draw conclusions about the checks. A discovery sampling table is shown in Table 8.2. o The more confident the auditor wants to be and the less risk of not identifying fraudulent checks the auditor wants to assume, the larger the sample size the auditor will need to test.
Documentation of Discovering Sampling -The investigator should document the method used for determining sample size and the method used for selecting the sample. -Examples of situations where such documentation may be important: o The investigator expands the sample later. o Another person later reviews the sampling plan. o The procedure later becomes evidence in court. Evaluation of Errors -If the investigator finds errors using discovery sampling, he or she must determine whether the errors were unintentional or are indicative of fraud. Consideration of Sampling and Nonsampling Risk -Sampling risk is the risk that the sample was not representative of the population. o Two ways to reduce sampling risk: Increase the sample size Use a random number generator to select the items to be examined o Sampling risk can be significant when looking for fraud because fraud is often conducted in just a few transactions. -Nonsampling risk is the risk that a finding will be misinterpreted. o Misinterpretation can be reduced by: Careful planning Performance Evaluation of the sampling procedure