In
January, Marquet International Ltd. of Boston - a corporate
investigations, due diligence and litigation consulting
firm - released its annual Report on Embezzlement.
The
report, which talks about actions taken against U.S. companies
- estimated to be in the nine-figure range - revealed that
the average loss was more than $1 million and the median
loss was $386,500. More than 60 percent of the incidents
involved women. However, male perpetrators embezzled nearly
twice as much as females.
Nearly
25 percent of all losses occurred in financial institutions,
and two-thirds of the incidents were committed by employees
who held finance and accounting positions. Embezzlement
schemes usually last about four years.
Marquet
examined 415 major embezzlement cases during 2009. That
means there was a major embezzlement case in the news daily.
The
largest embezzlement case of 2009 happened at Koss Corp.,
a premier designer of stereophonic headphones, based in
Milwaukee. The perpetrator allegedly used interstate wire
communications to defraud Koss of more than $4.5 million.
The alleged embezzler used an American Express card to buy
$3.6 million worth of jewelry, watches, clothing, furs,
formal wear and fine home decor. Eventually, payments made
to American Express revealed the theft.
Embezzlement has ranked as America's No. 1 financial crime
for more than 30 years, and likely will hold that distinction
for years to come.
There
are dozens of embezzlement schemes, often perpetrated by
one person against his company.
"Lapping"
is one classic embezzlement scheme. To lap, an embezzler
skims a little bit of the cash that comes in each month,
then adjusts the books to hide the skimming.
Another
classic scheme is through fabricated vendors or consultants.
Any employee with authority to approve the payment of invoices
can perpetrate this method.
In larger organizations, a midlevel employee may be able
to approve invoices. The thief creates imaginary vendors
and deposits checks written to pay the false invoices into
his or her personal bank account.
In
a recent case involving a large trade association, the CFO
is alleged to have embezzled $2.5 million from the organization
in 13 years through recurring payments to phony consultants.
Theft
of cash receipts is the simplest form of embezzlement, usually
perpetrated by insiders, simply by pinching incoming cash
or highly negotiable instruments. This is particularly true
in organizations that deal with a large number of relatively
small transactions, such as utility payment processing centers
and collection agencies.
Payroll
fraud and embezzlement is where the embezzler adds the names
of relatives or fictitious people to the company payroll,
thus enjoying several salary checks each week instead of
one.
Some
other examples, and things to look out for, include:
o
Pocketing cash payments from customers and not posting the
charge or payment.
o
Opening a checking account under a false name, then writing
a "customer refund check" to that name.
o
Handing the busy executive a stack of checks - including
an extra one - to sign.
o
Falsely recording past-due accounts as written off or settled,
then collecting from the customer.
o
Purposely paying a bill twice, then intercepting and pilfering
the resulting refund.
o
Manipulating account balances through online computers,
making "adjustments" to accounts, particularly
dormant ones.
o
Hiding merchandise, cash, computer data and account information
in the trash for later retrieval by an accomplice.
o
Always making a copy of the bank statement first, and then
using white-out to change the balance to cover what was
taken.
Jarmila
Pencikova with Osler, Hoskin & Harcourt LLP of Toronto,
and Doug Miller with Kahn Kleinman LPA in Cleveland, presented
the following profile of an embezzler:
(1)
Completely trusted and never checked.
(2)
Several years' service with firm.
(3)
Rarely takes vacation/holidays.
(4)
Secretive and rarely delegates to others.
(5)
Personal/family health or financial problems.
(6)
Lifestyle inconsistent with income.
(7)
Rumors of affair or drug/alcohol abuse.
(8)
Unusually close relationship with vendor.
Generally,
these embezzlers are motivated by greed, fear, denial and
revenge. Many thieves steal from their employers as a way
of getting revenge for actions the employer has taken that
the employee believes to be unjust, discriminatory or corrupt.
More than half the time, the crime is exposed only through
a tip or by accident, such as the May 6 flash crash.
As
business owners, individual investors, and customers of
potential embezzlers, it behooves us to pay attention to
the basics. Offshore bank accounts, special-purpose corporations
and off-balance sheet accounting make for interesting reading.
But
they're all just a form of stealing called "embezzlement."