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Best Practices for Protecting Against Fraud

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In 1987, during arms control negotiations between the United States and the USSR, President Ronald Reagan popularized the phrase “trust but verify.” The maxim is pithy and oft-quoted, but for companies looking to mitigate risk and financial fraud, it should be reworded slightly to “Verify and monitor continuously.”

Fraud is often hard to detect—the Association of Certified Fraud Examiners (ACFE) estimates that the average fraud goes undetected for years. Some of the largest and most damaging frauds, including Bernie Madoff and Allen Stanford, spanned a decade or more. Fraud is also costly; it is estimated that U.S. businesses lose 7% of annual revenues to fraud, and it is responsible for one out of three business failures. The financial implications of fraud are bad enough, but reputational damage can be equally harmful.

Fraud is a potential danger for companies in all industries. In a survey my firm conducted in 2012, nearly 40% of private equity firms said they had experienced fraud. The statistics are sobering, but there is much that companies can do to protect themselves.

The biggest trend we are seeing is that corporate boards are implementing a tip line, which is a great way for employees and others to anonymously report wrongdoing. ACFE studies show 42% of frauds are uncovered through hotlines. You want employees to come forward and tell you what is wrong to give CEOs a chance to fix it. The average EEOC complaint costs between $50,000 and $100,000 in legal fees to settle, not to mention the potential damage to morale and reputation—wouldn’t you want a heads up to fix it before it gets to that?

Instituting rigorous hiring practices, including screening temps and contract workers, is another important tool in preventing fraud. It is not realistic to have the same level of scrutiny for an entry-level employee as you would for a senior executive, but the best way to avoid fraud is by carefully culling the bad apples before they are hired.

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Look for criminal or regulatory issues, limited references, job-hopping, trouble making eye contact and a pattern of lawsuits. A number of our clients have begun to ask us to vet their information technology hires. The IT department has access to the most sensitive files and so it is imperative to investigate potential hires in that department.

Every firm should also have a code of conduct, which describes the culture of a company and what is expected of each employee in terms of actions and conduct. Each company is different, but some rules are universal: sexual harassment cannot be tolerated; discrimination against anyone based on color or religion is strictly forbidden; the workplace should be free of illicit drugs and alcohol; and employees cannot accept gifts from customers or vendors. Consequences for violating any of these codes should be clearly spelled out.

A system of basic financial checks and balances is another way to protect against fraud. Even in smaller firms, the same person should not be in charge of both accounts payable and accounts receivable. Larger payments from the company should be signed by two executives. Regular meetings should be arranged with IT officials to insure that cyber-crime is being monitored at all times.

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Also, consider installing security cameras to serve as a deterrent for rogue employees.

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In the wake of the Madoff scandal, the role of compliance officers has taken on greater importance. Compliance officers often have a seat at the C-level table and are valuable in helping companies to stay on the right side of regulations. As discussed, however, the best way to prevent fraud is by having several layers of protection.

Preventing fraud is an ongoing endeavor that requires a commitment to maintaining vigilance each day. Some red flags are easier to spot than others. Some of the most common “tells” of disgruntled or risky employees who may commit fraud include:

  • Living beyond their means
  • Financial difficulties
  • Too-close relationships with customers or vendors
  • Secretiveness
  • Drug or alcohol problems
  • Major stressors, like family problems, including divorce and bankruptcies

In the event that fraud is suspected, every company needs to have a playbook to help guide their actions. This should include having a process to address a tip or complaint, leveraging the expertise of investigators and attorneys and following a plan that keeps the company operating with minimum disruption.

The vast majority of companies prefer to keep things quiet and resolve matters in a private setting. No company wants to have one of its employees be the subject of a “perp walk,” where the alleged offender is shown by the media in handcuffs accompanied by police on their way to being charged.

The surge in cyber-crime is proof that fraud never truly disappears; it just changes shape and form. Therefore, it is up to each company to become a hardened target and make fraudsters want to look for an easier mark.

Creating a Strong Defense and Offense in Your Risk Management Program

Stakeholders demand that companies grow, but at the same time, they expect growth to be managed to make sure the brand is not tarnished. That means enabling value as well as protecting value, which comes down to striking the appropriate balance between risk agility and risk resiliency.

For many years, risk management has focused on protecting the brand and keeping the company out of trouble. But if it’s done right, risk management is about playing not only defense but offense as well—it’s about value protection and value enablement.

Defensive Risk Management

Defensive risk management is mostly about risk resiliency, enabling a company to either prevent bad things from happening or recover more efficiently from disruption. Defensive tactics include setting up a risk appetite statement and framework that are approved by the board on down. Next, the risks should be aggregated across the enterprise and mapped against that appetite along with related risk tolerances and limits. Defensive risk management is also about developing a set of very specific key risk indicators (KRIs) to look for. This includes having a solid business continuity management strategy that will quickly get things back on track after a risk event. These activities keep the company out of harm’s way, and may be the easier part of risk management.

Offensive Risk Management

The more difficult part is thinking about risk management offensively—leveraging it for strategic advantage and growth. The first offensive tactic is to align your risk management process with strategic planning so you can drive those priorities forward in light of all the risks you are facing. That’s not an easy thing to do because even though companies may think they’re aligned, many of them actually run two very distinct and separate processes. Another offensive tactic involves giving some of the risk management activities back to the business units—so they can run faster and drive risk-adjusted decisions and revenue plans.

Risk agility lets a company flex and grow by making the risk management process adaptable to changes in the business model or to external changes affecting the company.

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It is also something that has to be thought about more formally so that it does not become counterintuitive to the growth agenda, but actually supports it and even helps drive it.

If a company is being held accountable by its stakeholders to grow—and they all are—that growth has to be pursued in a controlled manner so the brand doesn’t become tarnished. That is about striking the appropriate balance between risk agility and risk resiliency—playing offense and defense.

The simple fact is that companies that use their risk management activities to play both sides are more likely to see sustainable growth and better performance patterns because they are balanced between moving the business forward and keeping the business in check.

PwC’s study 2016 Risk in review: Going the distance highlights how companies can achieve this important balance. For example, companies that structure their risk management programs to play both offense and defense are more likely to see sustainable growth and better performance patterns.

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In addition, these companies are nearly as likely to report that they expect significant revenue and profit margin growth (greater than 5%) as companies that are focused only on growth—and they are better positioned for sustainable success. Such companies are balanced between having the agility to move their business forward and the resilience to prevent bad things from happening and/or recover more efficiently from disruption.

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High-risk growth

Some companies with aggressive top-line growth targets decide not to invest at the appropriate levels in their risk management programs, which can allow their growth to outpace their infrastructure. Following this course can bring more risks—vulnerability peaks and risk events become more crippling to the brand. In the end, more capital is spent on investments to take risk management activities to the next level after something bad happens to the business.

The mindset across industries is that immediate growth is great, but longer term, sustainable growth is better. Companies are building up stronger and more relevant second-line (risk and compliance) functions, and holding the first line more accountable on risk because they see that will help them achieve sustainable growth.
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Adapt or get left behind

As the business landscape continues to evolve, companies need to adapt or find themselves in deep distress. The key to creating an effective risk management program is to find the right balance that allows for growth at a comfortable pace relative to the risk appetite and risk tolerance levels set by management, and accepted by the board. When that is done, your risk management program truly becomes a strategic asset, supporting both offense and defense.

Earthquake Spike in Oklahoma Linked to Fracking

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A magnitude 5.0 earthquake that rocked Cushing, Oklahoma, on Nov. 6 damaged part of the city’s downtown district, but left no major damage to bridges or highways.

Early reports indicate the damage is not insignificant. A 16-block area in the hard-hit downtown has been sectioned off because of the danger posed by unstable structures and broken glass. No serious injuries or fatalities have been reported, however.

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Power in Cushing was out for less than an hour following the quake, and several gas leaks were taken care of.

The city, which has a population of 7,900, is noted as the world’s largest oil storage terminal and has experienced 19 earthquakes in just the past week, raising safety concerns. As of last week, the town’s tank farms held 58.5 million barrels of crude oil, according to the U.S. Energy Information Administration. The number of earthquakes in the area has also risen exponentially.

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During the first half of this year, 618 temblors of M2.8 or greater have shaken Oklahoma.

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Swiss Re noted in its September 2016 report The Link Between Hydrofracking, Wastewater Injection and Earthquakes: Key Issues for Re/insurers:

Since 2008 the number of magnitude 3.0 earthquakes per year has grown from roughly 2 per year to an average of nearly 3 per day. This now makes Oklahoma the most seismically active of the lower forty-eight states. It’s highly likely that this dramatic rise in earthquake occurrence is largely a consequence of human actions. Along with the increase in seismicity, Oklahoma has seen a growth in its oil and natural gas operations since 2008, specifically hydraulic fracturing (often referred to as “hydrofracking” or “fracking”) and the disposal of wastewater via deep well injection.

A number of states that have increased wastewater injection activity have seen increases in the number of induced earthquakes, the study said, but the reason for such a large increase in Oklahoma is still unclear. Because of the large amount of crude oil storage in the Cushing area, strong shaking is worrisome and has led some to proclaim that induced earthquakes are a national security threat.

According to AIR-Worldwide, it is not clear whether the occurrences of the small and intermediate size earthquakes being seen, and the stress changes from wastewater disposal could trigger larger and more damaging earthquakes. As a precaution, the Oklahoma Corporation Commission ordered four new Arbuckle disposal wells to be shut and 10 to reduce their volume by 25%. In Osage County, 32 wells will have reduced volume.

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Experts believe limiting injection volumes is helpful because of the link between high-volume injection and earthquakes, but Swiss Re’s report concluded that while, most companies participate in the suggested reductions following a detected earthquake, economic pressure to continue wastewater injection often prevails. “Changing regulations, and how the oil and gas industry respond, remain the biggest contributor to uncertainty of how the risk will change in the future,” Swiss Re said.

October Commercial Composite Rate Minus 2%

For the first time this year, the composite rate—which includes all lines of commercial insurance—has decreased compared to the previous month. Octoberbarometer rates were down 2% compared to down 1% in June, July, August and September, according to MarketScout.

“Insureds and brokers should carefully examine the rates for coverage and/or industry classifications that are germane to their placements,” Richard Kerr, CEO of MarketScout, said in a statement.

By coverage classification, two large placement segments, commercial property and general liability, were down 2% in October compared to flat in September. Business owners’ policies were down 1% compared to flat in September, while commercial auto rates moderated from up 3% to up 2%. Among other lines, fiduciary, D&O, business interruption and surety were flat.
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By account size, medium accounts ($25,001 to $250,000 premium) adjusted from down 1% in September to down 2% in October.
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The industry classification for contractors and service companies was down 2% in October compared to down 1% in September. Energy adjusted to down 1% in October compared to flat in September, MarketScout reported.
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