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Accounting Procedures for Internal Control
 

 


 


Wrong Strategy + Wrong People = Fraud/Theft/Abuse

Gary D. Zeune, CPA

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Pretend you’re a small business owner: you spend years of hard work building your business, only to discover a long-term trusted employee is stealing you blind. Don’t think so? The average business loses 6% of revenue or $9 per day per employee to fraud, theft and abuse.[1] And I’ll bet 6% of revenue is material to every one of you reading this article.

So what’s the best way to prevent someone from robbing you blind? Don’t hire them in the first place. To screen out the bad apples, do a background check on all job applicants. For example, people with financial problems are more likely to steal, as are people with drug, alcohol, and gambling problems. And most common are employees having extramarital affairs. The money has to come from somewhere. Think about this……..If the employee will cheat on his/her spouse, who they promised before God to be faithful to, what makes you think they won’t steal your money to do it?

Many states’ laws require employers to make a clear and conspicuous disclosure to an employee or job candidate that a consumer credit check will be conducted. Informing job applicants up front of the check is also an effective screening technique.

Half the people who see the notice hand the application back, so many of the people who might steal from you don’t even apply for a job because they know they won’t pass muster.

Remember, Trust is NOT a Control. Trust is a feeling, not a control.

Even if you screen your employees, it's no guarantee against being ripped off. There are three things needed for an employee to steal: need, opportunity and rationalization, known as the "triangle of fraud."

Employees who steal often feel exploited or underpaid. For example, employees often think, “They're paying me ten dollars an hour, and making seventy off me.” It's a typical justification.

Business owners should also make sure there are strong internal controls in place to protect the money. The same person should not handle incoming and outgoing funds. One of the easiest, and zero or low-costs controls, is to have your business bank statement sent to you at home so you can review the transactions. Be alert for missing expenses (like not paying sales tax), a preventive control. In addition, no matter how busy you are, review and sign every check that goes out, a detective control.

In an all too common example, 63-year-old Carol Ann Huang, was sentenced in federal court in San Jose, Calif, to six and one-half years in prison for embezzling more than $11 million from her employer, a Los Altos businessman who was a general partner in several business acquisition firms in San Francisco.

She pleaded guilty in 2003 to one count of mail fraud and one count of money laundering in connection with a scheme to embezzle $11 million from 1996 to 2002. Huang provided false payroll data to a processing company handling payrolls for two of her employer's companies.

U.S. attorney Kevin Ryan said Huang also cashed out her employer's life insurance policy without his authorization, put up his Los Altos residence as security on an unauthorized line of credit, and routinely forged his signature on official papers and letters.

In addition to the prison term, Huang has to pay restitution in an amount to be determined at a July 26 hearing. She’ll begin serving her sentence on August 1.[2]

A defective compensation system will get you sued

Ever heard, “People behave the way you pay them to behave”? That is, your compensation system is the primary ‘driver’ of how employees behave. Compensation systems are supposed to motivate people to work, but defective systems can drive illegal or dangerous behavior that puts the company at risk of a lawsuit.

 

For example, long-haul drivers are typically paid by the mile, without additional pay for hours spent waiting for shippers and receivers to load and unload their trucks. It’s estimated that 80[3] plus percent of drivers comply with the federal regulations. It’s an open secret in the trucking industry that some drivers maximize their incomes by breaking the speed limit and driving more hours than permitted by law.

If that pressure results in an accident, the driver, the trucking company and, in some circumstances even the receiver, could face a multimillion dollar lawsuit.

After a number of lawsuits for auto accidents involving delivery drivers Domino's Pizza Inc. learned its lesson about its compensation strategy. About 10 years ago Domino’s had 30-minute delivery guarantee. To encourage drivers to get there with the pie, some stores paid drivers a bonus of 1 percent for delivering a minimum number of pies on time, according to testimony from one employee.

The system cost Domino's BIG bucks. In 1993, the company reached a $2.8 million settlement with the family of an Indiana woman killed by a delivery vehicle allegedly speeding to meet the 30-minute guarantee.

Later that same year, a jury awarded a St. Louis woman $750,000 in actual damages plus $78 million in punitive damages. She was injured by a Domino's driver who ran a red light. Rather than appealing, Domino's and the woman later settled for an undisclosed amount. The company ended its 30-minute guarantee a few days later.

Tips on avoiding fraud and theft and drive employee behavior that benefits your company

There are a zillion ways to get employees to do the right thing. Here are a few techniques: 

  • Conduct a background and credit check on all new employees (consult your attorney first)
  • Reward employees through profit sharing or other incentives
  • Compensate employees fairly
  • Separate accounting and check writing functions between employees and owners
  • Have the business bank statements sent to your home
  • Add theft insurance to your business insurance plan

[1] 2004 Report to the Nation on Occupational Fraud and Abuse, Association of Certified Fraud Examiners, www.acfe.com/documents/2004RttN.pdf

[2] Berkeley Woman Sentenced For $11 Million Embezzlement, CBS5.com, San Jose, Calif., Business City News Wire, May 5, 2006.

[3] Gary Green, manager of business services, Owner-Operator Independent Drivers Association, which has a nationwide membership of 113,000, “Compensation systems at heart of many a court case”, Business First Columbus, August 20, 2004.

 


©2006 by Gary D. Zeune, CPA. A nationally recognized speaker and writer on fraud, Mr. Zeune is also the founder of The Pros & The Cons, the only speakers bureau in the U.S. for white-collar criminals. Mr. Zeune teaches fraud classes for the FBI, U.S. Attorney, bar and health care associations, 30+ state and national CPA societies, and numerous banks and accounting firms. Contact Mr. Zeune at gzfraud@bigfoot.com or 614-761-8911. To see a complete list of his ex-cons visit www.TheProsAndTheCons.com. The screener portion of the article was adapted from “Why Airport Screeners Sometimes Don’t Spot Guns, Knives, Scissors,” The Wall Street Journal, December 30, 2005, A11.


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Revised: January 14, 2008