Fraud- Definition, methods & controls
Girish Mallya
| Simplifying AML & Compliance | Coach to support you in your learning journey!!
What is "Fraud"?
Fraud is an?intentionally deceptive action designed to provide the perpetrator with an unlawful gain or to deny a right to a victim. Types of fraud include tax fraud, credit card fraud, wire fraud, securities fraud, and bankruptcy fraud. Fraudulent activity can be carried out by one individual, multiple individuals?or a business firm as a whole. (source: Investopedia)
Who defined the fraud triangle concept?
The fraud triangle is a concept developed by criminologist Donald Cressey to explain the factors that contribute to fraudulent behavior.
What is a fraud triangle?
The fraud triangle consists of three elements that, when present together, increase the likelihood of an individual engaging in fraudulent activities. ?
1. Pressure (or Incentive) - This refers to the perceived need for money or financial gain that drives an individual to commit fraud. Financial pressure can arise from personal financial difficulties, such as debt, medical expenses, or a desire for a higher standard of living.
?2. Opportunity or Weak Internal Controls- The opportunity for fraud arises when there are weak or inadequate internal controls within an organization. This could include poor oversight, lack of segregation of duties, or ineffective monitoring systems. When individuals see a chance to commit fraud without getting caught easily, the opportunity for fraudulent behavior increases.
3. Rationalization or Justification- This involves the mental process by which an individual justifies or excuses their fraudulent actions. People often rationalize fraud by convincing themselves that their actions are necessary or justified. Common rationalizations include the belief that the organization owes them, that they will repay the money, or that their actions won't hurt anyone.
·? Definition: The psychological process that an individual goes through to justify or excuse their fraudulent actions.
·? Example: Convincing oneself that the fraud is temporary, deserved, or that the organization won't be significantly harmed
?What should an organization do to mitigate the risk of fraud?
To prevent and detect fraud effectively, organizations must have these following controls in place
- Mitigate Pressure: Organizations can implement financial wellness programs, provide counseling services, and create a culture that encourages employees to seek assistance when facing financial difficulties.
- Strengthening internal controls, implementing checks and balances, and conducting regular audits can help reduce the opportunities for fraudulent activities.
- Fostering an ethical organizational culture, promoting awareness of the consequences of fraud, and encouraging open communication can help minimize the rationalization aspect of the fraud triangle.
Other controls an organization must incorporate
1. Implement Strong Internal Controls:
?? - Develop and enforce robust internal controls to monitor and regulate financial transactions.
?? - Segregate duties to prevent a single individual from having too much control over a process.
2. Regular Audits and Reviews:
?? - Conduct regular internal and external audits to identify irregularities and potential fraud.
?? - Perform surprise audits to keep employees on alert and discourage fraudulent activities.
3. Employee Training and Awareness:
?? - Provide comprehensive training on fraud prevention and detection to employees at all levels.
?? - Foster a culture of integrity and ethical behavior through awareness programs.
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4. Whistleblower Mechanism:
?? - Establish a confidential whistleblower reporting system for employees to report suspicious activities without fear of retaliation.
?? - Ensure that employees are aware of the reporting mechanisms and feel comfortable using them.
5. Background Checks:
?? - Conduct thorough background checks on new employees, especially those in positions of trust or handling sensitive information.
?? - Periodically review and update background checks for existing employees.
6. Vendor and Customer Due Diligence:
?? - Screen and vet vendors and customers to ensure they are reputable and not associated with fraudulent activities.
?? - Regularly assess the relationships with key business partners.
7. Data Security:
?? - Implement robust cybersecurity measures to protect sensitive financial and personal data.
?? - Monitor and control access to critical systems and information.
8. Use Technology for Monitoring:
?? - Utilize advanced analytics and monitoring tools to identify patterns and anomalies that may indicate fraudulent behavior.
?? - Implement fraud detection software to actively identify and prevent fraudulent transactions.
9. Code of Conduct and Ethics:
?? - Develop and communicate a clear code of conduct and ethics for all employees.
?? - Ensure that employees understand the consequences of fraudulent activities.
10. Management Oversight:
??? - Establish strong management oversight to ensure compliance with policies and procedures.
??? - Foster a transparent communication channel between employees and management.
11. Insurance Coverage:
??? - Obtain appropriate insurance coverage to mitigate financial losses in the event of fraud.
??? - Regularly review and update insurance policies to align with current risks.
12. Legal Action:
??? - Clearly communicate the consequences of fraud, including legal action and prosecution.
??? - Work closely with law enforcement authorities to investigate and prosecute fraudulent activities.
While the fraud triangle is a useful framework for understanding the factors contributing to fraud, it is not exhaustive, and other factors may also play a role in fraudulent behavior.
Assistant Manager | CAMS | Transaction Monitoring, FinCrime & Fraud analysis, Retail Branch Operations & Risk Management
1 年#CFBR Thank you sharing, very informative
Assistant Manager Onboarding KYC & CRM at First Global UK Ltd
1 年Awesome sir