Wednesday 26 December 2012

3 FRAUD THEORIES - Is it Mission Impossible?


Psychologists and sociologist always use analogy of the following three fraud theories for the factor of  the occurrence of frauds:-
a)      “Tip of the Iceberg”
The fraud refers to an iceberg where the surface may not reflect its actual size of hidden iceberg. Hence, fraud cases actually reported are much less than unreported cases like the iceberg. Actually, the most dangerous and enormous area is the hidden side of the iceberg. The number of fraud cases which are not reported are very significant compared to the reported cases which are still considered quite low, like a surface of the iceberg (Kindly refer to the below Illustration No. 1).

Is it mission impossible to melt down or unfreeze the hidden of the iceberg?  Is it mission impossible to prohibit human to go to nature of the iceberg as dangerous area? Lastly, is it mission impossible to reveal, combat, detect or prevent fraud in our life? 



                               Illustration 1: Ice-berg – Mission Impossible?

b)     “Potato chip”
Potato chips always taste delicious and like to be eaten by everybody at anywhere or anytime (Kindly refer to the below Illustration No. 2). The potato chips theory is a simulation on the fraudsters’ addiction to continue committing fraud and eventually become his/her habit and sometimes hobbies to feel the satisfaction themselves. It might be started with the fraudulent activities for fun or since they were children’s age and finally with the surprise, sophisticate and standard fraud.
Did you watch the legend movie of P.Ramlee in “Anakku Sazali” (October 1956)? See what and how Sazali started with theft during his school’s age till adult’s age as a top wanted criminaland finally being caught by the police through his father assistance. Is it mission impossible to avoid someone eating more potato chips and became addicted? Or Is it mission impossible to eliminate the fraudster’s habit? Lastly, is it mission impossible to reveal, combat, detect or prevent fraud in our life? 

                             Illustration 2: Potato chips – Mission Impossible?
c)      “Rotten Apple”
Rotten apple refers to the theory of a bad apple among others good apple (Kindly refer to the below Illustration No. 3). As an example, a staff has been caught the first time of doing fraud. The person might only obtain a warning letter or got scolded from his/her employer. It shows us that the fraud has been committed by a bad individual among many good ones. In addition, this theory could be happened with a company which always encourage and establish a fraud awareness programme and good internal control.  With the occurrence of fraud, their reputation will be tarnished and the company might incur losses. Definitely, the fraud was occurred due to the unchecked items which are not previously revealed by the auditor.
Is it mission impossible to remove rotten apple inside the nice basket/box at a large warehouse? Or is it mission impossible to avoid a good apple from become a rotten apple? Lastly, is it mission impossible to reveal, combat, detect or prevent fraud in our life? 
                             Illustration 3: Rotten Apple – Mission Impossible?

To answer and find the solution to the fraud theories previously mentioned, we need to scrutinize and think initially a concept of “mind over matter”[1]. Fraud is not definitely a mission impossible action by fraudsters that are unable to be prevented, detected or corrected by us. But, we need to understand first what, why and how the frauds occur in our daily life. Let’s make sure our mission impossible always complete and successful to prevent, detect and combat any fraud.



[1]Wikepedia – Mind over matter specifically refers to controlling pain that one may or may not be experiencing, such as holding one's hand under extremely hot water and feeling no pain. Also, "self-help" personalities such as Tony Robbins claim that, through the power of concentration and "positive thinking", people can walk on hot coals without getting burned. This claim is made despite the fact that there are solid, scientific explanations for firewalking. "Mind over matter" was also Mao Zedong's idea that rural peasants could be "proletarianized" so they could lead the revolution and China could move from feudalism to socialism. It departs from Leninism in that the revolutionaries are peasants, instead of the urban proletariat.



Definition of Fraud

What is FRAUD?
ACFE (2008) defined fraud as “An array of irregularities and illegal acts characterized by intentional deception, perpetrated by individuals from inside or outside of an organization for their personal benefit or to benefit the organization”.

According to an article in the Legal Practitioner.Com website, titled “An Introduction to Corporate Regulation and Standardization” on Definition of Fraud, it was stated that basically there is no single accepted definition of fraud and it is impossible to provide a comprehensive definition of fraud as there are a lot of fraud definitions available in the dictionary.

According to the guidance on “Managing the Business Risk of Fraud: A Practical Guide” dated July 7, 2008 by three sponsoring organizations namely The Institute of Internal Auditors, The American Institute of Certified Public Accountants and Association of Certified Fraud Examiners, fraud can be defined as “… any intentional act or omission designed to deceive others and resulting in the victim suffering a loss and/or the perpetrator achieving a gain”.

According to the business dictionary website, fraud is an act or course of deception, an intentional concealment, omission, or perversion of truth, to (1) gain unlawful or unfair advantage, (2) induce another to part with some valuable item or surrender a legal right, or (3) inflict injury in some manner. Wilful fraud is a criminal offense which calls for severe penalties, and its prosecution and punishment (like that of a murder) is not bound by the statute of limitations. However incompetence or negligence in managing a business or even a reckless waste of firm's assets (by speculating on the stock market, for example) does not normally constitute a fraud. In such cases, the aggrieved party (creditors or stockholders/shareholders) must prove that at some point they were intentionally deceived on a material fact.




REPORTING OBLIGATIONS

AMLAFTA 2001 - REPORTING OBLIGATIONS (Section 13 - 28)

Simple interpretation and understanding  of Reporting Obligations in Anti-Money Laundering and Anti-Terrorism Financing Act 2001

Reporting Institution ("RI") refers to any person, including branches and subsidiaries outside
Malaysia of that person, who carries on any activity listed in the First Schedule to the AMLATFA 2001.

Central Bank of Malaysia / Bank Negara Malaysia ("BNM") refers asd a competent authority in Malaysia


S13. Record–keeping by reporting institutions
Reporting Institution (“RI”) – record all local and other currencies transaction which more than BNM limit in a form including information such as name, address, account no., type of transaction & account, name of reporting institution, date, time and amount of transaction.
  
S14. Report by reporting institutions
RI must report to BNM about the transaction exceeding such amount on daily basis. Officer of RI should they suspect any concern with unlawful activity (14B).

S15. Centralisation of information
RI provide the centralization of information.

S16. Identification of account holder
RI need to have identification (document/passport/IC/birth cert) of real account holder only by verifying and maintaining the information such as name, occupation, business, account number etc and not anonymous account holder.(domicile, legal capacity, occasional or usual client) – AS Didik anak & UOB S’pore opening of account (sample).

S17. Retention of records
All the records need to be kept and maintained by RI for not less than 6 years from the date of transaction closed, completed or terminated except the records transmitted to BNM. Failure to follow this section, RI shall be fined RM1 million or imprisonment for less than a year or both FATF 5 years, IRB 7 years (sample).

S18. Opening account in false name
RI need to monitor any false, fictitious or incorrect name in opening an account and checked the information with BNM. The person who tried to false their names will be fined RM1 million or imprisonment for less than a year in this section or both.
   
S19. Compliance programme
RI need to develop and implement internal program, policies and procedures to control and detect any offence in this Act. The programmes are involved such as establishment high standard of employee integrity, the evaluation system on employee information, employment and financial history, employee training i.e. KYC – know your customer and independent audit function to evaluate and check the compliance activities.

S20. Secrecy obligations overridden
The information disclose to RI is no secrecy obligation and overridden any secrecy provision from other act.

S21. Obligations of supervisory or licensing authority
The relevant supervisory or licensing authority of RI such as Securities Commission ("SC"), Malaysia Institute of Accountant ("MIA") etc has obligation to report any suspicious transaction under their jurisdiction (i.e. public listed companies, audit firm etc.) to BNM with assistance of law enforcement agencies such as Royal Malaysia Custom ("RMC") , Malaysia Anti-Corruption Commission ("MACC") etc.

S22. Powers to enforce compliance
RI has powers to enforce and ensure their compliance and report to BNM. Failure to comply, RI shall be fine not more than RM1 million or imprisonment not more than 6 months or both. During the offence case continues after conviction, RI also shall be fined not more than RM1,000 per day

S23. Currency reporting at border
All person need to declare the amount of cash in hand during the leaving from and arriving to Malaysia and the person shall fine not more than RM1 million or imprisonment not more than 1 year or both.

The Exchange Control Act 1953 and the Central Bank of Malaysia Act 1958, the Controller of Foreign Exchange have authority to submit the information received under section 24 or 25 of the Exchange Control Act 1953 to BNM.

Any declaration matter relating to customs in required as per Customs Act 1967.

S24. Protection of persons reporting
The protection and defence provides to any person who have informed and disclosed any suspicious information/report to RI/BNM.

S25. Examination of a reporting institution
BNM has authorised and monitored the RI by examining and questioning all the report and documents relates to this section.

S26. Examination of person other than a reporting institution
BNM also has authorised to request any report, document or information relates to this act from person other than RI such as director, staff of the company, agent, customer etc.

Failure to cooperate and comply this section, the person shall be fined fine not more than RM1 million or imprisonment not more than year or both. During the offence case continues after conviction, the person also shall be fined not more than RM1,000 per day


S27. Appearance before examiner
All the director or officer of RI and other than RI shall appear before they are calling by examiner such as BNM.

Failure to cooperate and comply this section, the person shall be fined fine not more than RM1 million or imprisonment not more than year or both. During the offence case continues after conviction, the person also shall be fined not more than RM1,000 per day


S28. Destruction of examination records
BNM has authority to destroy any examination document received from the person in RI and other than RI which more than 6 years except the copy sent to enforcement agency i.e. Royal Malaysia Police (RMP).