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Published byCori Fields Modified over 8 years ago
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Immediate Issues & Tasks after the discovery of Occupational Fraud March 17, 2016
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My business appears fine… BUT No idea where the profits went… Things just don’t add up I leave all the details to my trusted office manager Your client tells you
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Entrepreneur knows their business (doctor, lawyer, plumber) Entrepreneur is not a business manager Entrepreneur hires an office manager Background
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Business not doing as well as in the past Client suspects error or mistakes Client notices changes in behavior Client says they may have a Problem What’s going on ???
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Client notices employee misconduct Client has “proof” against employee Client has confronted his suspect Denial Confession In conclusive / explanation Client says they DOES have a Problem
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Where do we go from here? What does you client want to do? What are you going to recommend? Victims Attorney knows there has been misconduct
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Actions to be managed Stop the bleeding Preserve evidence Return to normal operations Recovery of Assets
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Decisions to be made Who should do the investigation Does client have expertise to investigate Does your law firm have the expertise Where do you get the expertise How to proceed Informal / negotiations Civil Action Criminal prosecution
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The Investigation Preserving Evidence Business Records Business specific docs (shipping/receiving/invoices) Surveillance video Communication records E-mail Voice Mail Cell Phone Paper
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Investigation – Continued Internal Financial Records Paper Bank statements Contracts Financial statements Electronic Computerized Accounting Documents images Audit trail
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External financial records Bank documents Bank Surveillance Investigation - Continued
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People to interview Evidence to evaluate Reports to be written Testimony as needed Expert witness as needed Organizing the Investigation Get Organized
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Banks Broker Non-Bank Financial Institutions Tax Preparer Services Title / Escrow Companies Dealers Where to Find It
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“This is a civil problem” “We don’t have the resources” “This is not a priority case” Police generally hate to do “paper cases” Time consuming Requires special skills If you bring them a complete investigative report, they will send it to the DA for review What to expect from Police
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These are not on topic but may be of interest A Behind the Scenes Look at the Bank Secrecy Act Mitigating the Risk of Emerging Payment Systems Free on my web-site This is an ON-TOPIC separate presentation Small Enterprise Embezzlement – “Trust but Verify” (Reagan) All are available on my web-site www.LeonardFraud.com
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1415 Fulton Road #205-222 Santa Rosa, CA 95403 707-755-1684 Michael @ LeonardFraud.com www.LeonardFraud.com Retired
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