Fraud in America

» Articles » Legal Articles » Article

January 11, 2006


In a recent report released by the Association of Certified Fraud Examiners, it’s estimated that U.S. organizations are suffering losses of $660 billion annually due to fraudulent activity. Put into perspective, that sum exceeds the budget for the U.S. Department of Defense.

The survey revealed that small organizations were significantly impacted by fraud in that nearly 46 percent of the reported cases involved organizations with less than 100 employees. The median loss at private companies was found to be $123,000 per occurrence while governmental agencies and not-for-profits suffered median losses of $37,500 and $100,000, respectively. Asset misappropriation was the most common form of occupational fraud and abuse comprising 92.7 percent of the reported cases with a median loss to the organization of $93,000. Not surprisingly, cash was most often the misappropriated asset accounting for 93.4 percent of the asset misappropriations and a median loss of $98,000.

Continue reading below

FREE Legal Training from Lorman

Lorman has over 37 years of professional training experience.
Join us for a special white paper and level up your Legal knowledge!

Litigation or Legal Holds for Reasonably Anticipated or Actual Litigation
Presented by John E. Delaney

Learn More

What can organizations do to protect themselves and lower the risk of loss to occupational fraud and abuse?

  • Set the tone from the top that such behavior and losses will not be tolerated. This involves prosecuting offenders civilly and/or criminally.

  • Conduct background checks on all new hires that will be in sensitive positions and have access to the company’s assets.

  • Check references in all cases and verify all other pertinent information such as degrees claimed, employment history and educational background. Include as part of the employment application an agreement by the applicant that a background check may be performed as part of the application process and at any time thereafter if the applicant is employed.

  • Include a right to audit clause in your purchase orders. The right to audit your vendors is essential, especially in cases where collusion with employees or other third parties is suspected. Proof of kickbacks and bid rigging is more likely to be found in your vendor’s accounting records than your own.

  • Implement a sound system of accounting and asset control consistent with the inherent risks facing your organization and ensure compliance with adopted procedures.

  • Develop procedures to facilitate tips from customers, vendors and other employees of suspected fraudulent activity. Tips from these and anonymous sources are the most common means of discovering employee fraud and abuse in small organizations.

  • Implement procedures to have your financial records analyzed for red flags that may signal your organization may be the victim of occupational fraud and abuse.

  • Review your business insurance coverage to determine the level of coverage for losses due to employee misconduct. This coverage is often set at a low standard level of $5,000 or $10,000. For minimal cost, coverage can be increased to a level appropriate for your organization and provide for recovery of losses and the cost of investigation.

  • Adequate insurance is essential. The Fraud Examiner survey found that over half the victims of occupational fraud and abuse were able to recover less than 50 percent of their loss. Most organizations would not think of leaving its property, machinery and inventory underinsured, but often have inadequate coverage for their cash and accounts receivable.

While losses to occupational fraud and abuse cannot be prevented, fraud can be deterred, detected and losses minimized if the organization takes a positive approach to dealing with this growing problem.

The material appearing in this web site is for informational purposes only and is not legal advice. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. The information provided herein is intended only as general information which may or may not reflect the most current developments. Although these materials may be prepared by professionals, they should not be used as a substitute for professional services. If legal or other professional advice is required, the services of a professional should be sought.

The opinions or viewpoints expressed herein do not necessarily reflect those of Lorman Education Services. All materials and content were prepared by persons and/or entities other than Lorman Education Services, and said other persons and/or entities are solely responsible for their content.

Any links to other web sites are not intended to be referrals or endorsements of these sites. The links provided are maintained by the respective organizations, and they are solely responsible for the content of their own sites.