Fraud and
Internal Control
Subject of AGA Meeting in
Atlanta
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More than 400
government accountability professionals gathered in Atlanta this
week for AGA's First National Internal Control and Fraud Conference.
With the theme "Fraud Prevention & Detection: The Newest Tools &
Techniques," AGA's latest educational offering brought together the
best in the business to discuss an issue of pressing concern to
governments at all levels.
The conference
began Monday morning with an address from the nation’s top
accountability officer, Comptroller General of the United States
David M. Walker, CPA, who heads the U.S. Government Accountability
Office. Walker talked about the dramatic changes the world has
undergone in recent years and noted that the federal government has
not kept up. The government, he said, makes changes in response to
crisis or after the private sector and the states make changes.
“We can no longer
afford to sit still,” Walker said, echoing a central theme of his
eight years in office. “Our country is a great country, but it is at
risk.”
He mentioned his
involvement in the Concord Coalition’s Fiscal Wake Up Tour as an
example of something he’s personally involved in that aims to bring
the message directly to the people. AGA is a cosponsor of the Fiscal
Wake Up Tour, which is going to cities around the country in an
effort to shine the light on the country’s significant and growing
fiscal crisis.
Walker said that no
matter who is elected president in 2008—whether it is a Republican
or Democrat—the new chief executive must recognize the need for
major change and an entire reengineering of the federal government.
Walker believes it will take 20 years to bring about the necessary
change “because we are that far out of balance.”
He mentioned his
February 2001 testimony to Congress in which he went on record as
saying the current situation was sustainable for 40 years. Since
then our country was attacked, we’ve gone to war on two fronts and
we’ve spiraled back into budget deficits that will take decades to
overcome.
The government’s
unfunded liability, he said, is going to equal the entire net worth
of every American by the end of next fiscal year. “We can’t do it
the old fashioned way and wait for a crisis because the stakes are
too high,” he said. Many of the country’s programs and policies were
created between 1940 and 1970, and remain in place today. The
definition of disability, for example, comes from 1947. The Medicare
program was fashioned after Blue Cross/Blue Shield of 1965. Many of
our weapons systems are based on Cold War needs. “That is going to
have to change,” he said.
We are the only
super power on Earth and yet we are below average on a number of
major economic indicators, Walker said. And, 90 percent of Americans
have no idea how bad our financial situation is or that we are below
average compared to most other industrialized nations.
In fighting fraud,
waste, abuse and mismanagement, Walker points to GAO’s High Risk
List, which shines the light on the government services and programs
most at risk. “In the federal government, (fraud) will never be
zero.” The biggest instance of waste is the interest we are paying
on the federal debt, he said. “We’re paying for past excesses.”
He acknowledges
that change will be hard and there will be tremendous resistance.
“We need to transform what we’re doing and how we measure success,”
he said. To do that we must maximize value, manage risk and address
three elements in every area of government. The first is incentives
for people to do the right thing. The second is transparency so that
people know there is someone watching. Third, there must be
accountability measures in place so there are consequences when
numbers one and two don’t happen.
He talked about
“tone at the top” and the critical example set by organization
leaders. “You have to integrate appropriate checks and balances into
performance management systems from the top down,” he said.
Improper payments
is another area of grave concern. He noted the large payments being
made to government contractors that are grossly delinquent in paying
their federal taxes. “We may need to change the law to allow for the
maximum use of mining and matching capabilities,” he said.
The biggest
challenge in changing the culture of fraud, waste, abuse and
mismanagement, he said, is that when something goes wrong, “people
are just flat out not held accountable.” We must promote and reward
outstanding performance, but we must also deal with people
who just don’t do their jobs.
“We live in a great
country,” he said. “We do many things well, but we have many
challenges.”
After lunch on
Monday, AGA Executive Director Relmond P. Van Daniker, DBA, CPA,
discussed “Citizen Centric Reporting.” He talked about AGA’s work in
the effort to engage the citizens in the process of government. “If
AGA isn’t going to do something about this, who will?” he asked. He
pointed to the Association’s 14,000 members, 89 chapters and
representation in “all walks of life” as the central focus of the
grass roots effort to spark an interest in financial results and the
means by which we report those results.
AGA has developed a
four-page prototype report that Van Daniker envisions as the future
of government performance reporting. Who reads the financial
statements? he asked. Who reads the six-inch-thick performance and
accountability reports? “It’s a sad commentary that no one reads
these things,” he said, adding, “We’re providing the information so
people can make decisions.”
With 88,000
government entities in the United States, Van Daniker believes that
AGA must promote the concept of a simple four-page report published
in local newspapers that tells the citizens what they need to know
about their government and how their tax dollars are being spent.
This little bit of information will go a long way toward
jump-starting citizen involvement in government, Van Daniker
believes.
The prototype
report, based on information provided by the city of Virginia Beach,
VA, will be sent to every AGA member with the Winter issue of the
Journal of Government Accountability. Page one of the report
spells out the strategic objectives—what are we required to do? Page
two reports notable accomplishments. Page three contains revenue and
expenditure pie charts, and page four details future challenges.
Interspersed on all four pages are photographs and other visuals to
make the report pleasing to the eye and easy to read.
So, how do we bring
something like this to the 88,000 governmental entities out there?
Van Daniker asked. “One at a time,” he said.
The Tuesday morning
program began with an in-depth discussion of the Iraq Oil-for-Food
program, which resulted in $69 billion in fraud over a seven-year
period. Forensic auditing expert David T. Wolfe, founder of Glasgow
Forensic Group, detailed the missteps by the United Nations that led
to the massive fraud. The $35 million inquiry into what went wrong
was massive in its scale, he said. Twelve million pages of documents
were scanned into a database, 1,100 interviews were done on six
continents and eight reports were issued.
From this it was
learned that the United Nations allowed Iraq to play too large a
role in the program’s design and implementations, as well as
deciding who got the oil. They learned that often the oil was being
resold to third parties at great profit to the original buyer and
that no one at the U.N. took responsibility for what became the most
massive program in the organization’s history. The U.N. was poorly
equipped to handle a program of this magnitude and there was a
grievous absence of auditing and management controls. In addition,
they found that there was an inability to track expenditures and a
lack of uniform accounting.
Wolfe said the
inquiry resulted in four broad recommendations:
- The Security Council should have
stepped in to clarify the program’s purpose
- The U.N. needs a chief operating
officer who is a strong manager
- The U.N. needs a strong central
oversight body
- The U.N. needs to ramp up its
organization when multiple U.N. bodies are involved in
humanitarian programs (the need for this was again on display
after the tsunami in Asia)
One of the downfalls of the program,
Wolfe said, was that it operated on six-month contingencies, which
meant that no one wanted to invest in long-term systems that might
be rendered unnecessary should the program be discontinued at the
end of the current six-month period.
The program was not without its
successes, too, Wolfe said. For one, it kept weapons of mass
destruction out of Saddam Hussein’s hands and fed 27 million Iraqis.
He briefly covered some of the
forensic auditing tools used by investigators. One thing they looked
at, he said, was changes in spending habits by principal players.
For instance, if someone was in the habit of taking $200 from their
ATM every Monday morning and then suddenly stopped doing that, that
can be taken as a signal to investigators that the subject has
received a large influx of cash. By connecting these dots,
investigators are able to piece together who was involved, how the
fraud was perpetrated and where the money went.
David L. Brandt, the
former director of the Naval Criminal Investigative Service (NCIS)
and current director with Deloitte Consulting, began his luncheon
presentation on Tuesday by showing a clip of his walk-on role on the
popular television series, NCIS. He said that when first
approached with the idea for the series, the Pentagon brass was not
in favor of it. But the producers made the pilot anyway and won over
their detractors. Brandt said the show has been great for the NCIS
because it has shown the depth and breath of the agency’s work on
behalf of the Department of the Navy.
After watching the show, people
often asked, “You do all that?” He praised the show’s executive
producer Don Bellisario and the show’s star, Mark Harmon (a
“non-Hollywood guy—a good guy”), for creating a quality
representation of the NCIS. He joked that he’s waiting for an
episode to focus on a really juicy fraud investigation—which is one
aspect of the agency’s charge, albeit a less sexy function than the
criminal investigations that make up the show’s storylines.
Brandt talked about how the
focus changed throughout his 30-year government career. The 1970s
were all about the war on drugs. The eighties were the decade of the
spy, and the nineties were all about the $200 toilet seats in the
Department of Defense and procurement fraud. “In the early ‘90s,
things were flat in the way of new techniques, especially in the
area of fraud. We were waiting for the phone to ring. We were kind
of flat lined.”
After the U.S.S. Cole was bombed
in 1997 that changed, but what also changed was the number of people
devoted to fighting fraud in the Navy—down from a high of 600 to a
low of 50 after 9-11. This was because resources were rightfully
redirected toward the war on terror, even before it was called that.
Shifting resources was “the
right thing to do,” Brandt said. “But what it did was create gaps
that, quite frankly, still exist today.”
In 2005, the Secretary of the
Navy expressed a concern about the growing problem with fraud within
the department. He suggested, “trending the other way,” saying,
“Let’s get proactive.” With that in mind, the Navy’s Acquisition
Integrity Office was created. Made up of 25 to 30 people, the office
brings together investigators, inspectors and auditors to strategize
together and to make sure they are sharing information. “As a career
investigator,” Brandt said. “I didn’t know what the auditors were
doing unless it was something criminal.”
He left the Department of the
Navy just as the Acquisition Integrity Office was being formed, but
said he is hearing great things about its success.
In the area of fraud, he
concluded, organizations need to keep a watchful eye on their own
people. “The insider threat is absolutely the most significant
threat.”
Johnnie E. Frazier,
inspector general at the U.S. Department of Commerce, and James
A. Kissko, deputy inspector general at the Social Security
Administration, concluded the two-day program with an entertaining
presentation called “Fraud Alert: Let the Whistles Blow,” detailing
the techniques used by the IG community to find and adjudicate
fraud.
Frazier began by showing the
Time Magazine 2002 Persons of the Year—celebrated whistleblowers
Cynthia Cooper of WorldCom, Sherron Watkins of Enron, and Coleen
Rowley of the FBI. “These three women should be considered champions
to all people who care about fair play,” Frazier said.
Finding fraud, he said, “is all
about the money. If you follow the money, you’ll find the fraud. If
there’s money involved, there’s fraud.”
We must send the message that if
you commit fraud, you will be fired, he said, adding that on average
six percent of every organization’s budget is lost to fraud, which
is committed largely by men. “But there’s good news ladies,” he
said. “You’re catching up with us.”
Frazier talked about the
“Together Everyone Achieves More—TEAM” concept employed by the
federal IG community to share best practices and learn from each
other’s successes and failures. The problems and challenges in
common areas such as purchase cards are the same across government.
He cited the big problem with worker’s compensation fraud and said
that his agency has worked with the Department of Labor. Together,
he said, “We’ve got a lot of people back to work.” In all, eight
federal IGs are now looking into fraudulent worker’s compensation
claims within their agencies. “We found someone who was out on
worker’s comp who was running another business,” Frazier said,
adding that the perpetrator is now reimbursing $195,000 to the
federal government.
“It’s us against the bad guys,”
he said. “We have to tear down the walls and work together for the
benefit of the federal government.”
He noted that the inspector
general offices are employing more and more subject area experts,
such as environmentalists, farmers, meteorologists and others who
know best how things are supposed to be and are best suited to sound
the alarm when something is off. “We understand that the bad guys
are getting smarter,” Frazier said. “We’ve got to outwit them.”
Kissko delivered an entertaining
presentation, focused primarily on the area of disability fraud. He
showed a video taken by investigators of people who are receiving
long-term disability benefits. As Kissko recited the perpetrator’s
list of so-called physical maladies, they were shown climbing
ladders, cutting down trees and putting on a sling outside of a
claims office and then using the injured arm for everything from
closing the car door to lighting up a cigarette.
Because the SSA’s resources have
not kept pace with the explosion in disability benefit fraud, the
OIG has had to become more creative in its anti-fraud efforts. The
agency’s fraud hotline received more than 80,000 allegations in the
last year, 80 percent of them in the area of disability fraud, he
said.
One of the problems he said his
agency has encountered is that auditors and investigators speak a
different language. In a tongue-in-cheek delivery, Kissko said, what
investigators call a “clue,” auditors refer to as an “indicator”;
what investigators call a “way,” auditors call a “methodology”; and
what investigators call a “handbook,” auditors refer to as
“Generally Accepted Government Audit Standards.”
SSA’s Disability Detection
Project identified 1,532 recipients who were then investigated. Of
that pool, 81 percent were found to be receiving the wrong amount of
disability or were found to be ineligible. With improved practices,
Kissko said, the agency could generate an additional $5 billion in
new resources.
By: Marie S. Force