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Conduct an Internal Fraud Investigation
Part Three of Four: Methods of Illegal Payment
Feb. 7, 2000
(SmartPros)
In this section of our four-part series, we will cover methods of making illegal payments.
Certain traditional methods of making illegal payments fall into the following hierarchical pattern, starting with the least significant form:
- Gifts, travel, and entertainment.
- Cash payments.
- Checks and other financial instruments.
- Hidden interests.
- Other illegal payments.
Gifts, Travel, and Entertainment Most corruption schemes begin with gifts and favors. Commonly encountered items include:
- Wine and liquor (consumables).
- Clothes and jewelry for the recipient or recipient's spouse.
- Sexual favors.
- Lavish entertainment.
- Paid vacations.
- Free transportation on corporate jets.
- Free use of resort facilities.
- Gifts of the briber's inventory or services, such as construction of home improvements by a contractor.
Cash Payments The next step in the illegal payment hierarchy is usually cash payments. However, cash is not practical if large sums are required because significant amounts are difficult to generate and they draw attention when they are deposited or spent. The use of currency in major transactions may in itself be incriminating.
Checks and other Financial Instruments As the scheme grows, illicit payments are made by normal business check, cashier's check, or wire transfer. Payments are disguised on the books of the payer as a legitimate business purpose, often as consulting fees. Payments may be made directly, through an intermediary (the well-known "bagman"), or through a series of such persons, entities, or accounts.
Hidden Interests In the latter stages of sophisticated schemes the payer may give a hidden interest in a joint venture or other profit-making enterprise. The recipient's interest may be concealed through a straw or nominee, or hidden in a trust or other business entity, or merely included by an undocumented, verbal agreement. Such arrangements are very difficult to detect. Even if they are identified, proof of corrupt intent may be hard to demonstrate, particularly if the intended recipient produces some evidence of payment for his or her interest.
Other Illegal Payments A number of other common methods of making illegal payments include:
- Loans.
- Payment of credit card bills.
- Transfers of assets at other than fair market value.
- Promises of favorable treatment.
Proving Corruption Proving a corruption case is difficult. The proof in most corruption cases proceeds through three basic stages:
- Build the circumstantial case through interviews of cooperative witnesses and the available documentation. Often there is evidence of undue influence and some indications of unexplained wealth.
- Use circumstantial evidence to identify and turn an inside witness (perhaps a middleman or the bribe payer) against the suspect who can provide direct evidence of payment.
- Seal the case, identify and rebut defenses, and prove intent through examination of the suspect. For example, use the suspect's statement that he or she had no outside source of cash income to prevent him or her from contriving defenses when cash deposits are discovered later.
The Financial/Behavioral Profile The first step in proving corruption is to prepare the Financial/Behavioral Profile of the suspect. This document is essentially a financial statement with certain modifications and additions showing what the suspect owns, owes, earns, and spends at any given point, or over a period of time. The profile may yield direct evidence of illegal income or hidden assets, or circumstantial evidence thereof, by showing that the suspect's expenditures exceeded known sources of income.
The financial profile will identify most illicit funds that are deposited to accounts or expended in significant amounts. It will not catch relatively small currency transactions, particularly if they were for concealed activities, consumables, or for unusual one-time expenses such as medical bills.
| THE FINANCIAL PROFILE |
|
|
| TYPICAL ASSETS |
For each significant asset, determine: |
|
Residence Real Estate Bank Accounts Stocks/bonds Automobiles Insurance Cash on hand |
Jewelry Clothing Collectibles Pensions Home Furnishings Boats |
When was it acquired and from whom? How much did it cost? How was it paid for (currency, check, or cashier's check)? What source of funds was used to acquire it? What documentation exists for the purchase and where is it? |
| TYPICAL LIABILITIES |
For each significant liability, determine: |
|
- Mortgage(s)
- Other loans
- Lines of credit
- Credit cards Installment purchases
- Accounts payable
- Taxes and other bills
- Alimony and child support
|
What was the original amount of the liability? What is the present balance due? When was the liability incurred? What was the purpose for the loan/debt? How were the proceeds used and where were they deposited? What security (collateral), if any, was given for the debt? What documentation exists for the transaction and where is it? Was the debt written off as a bad loan for tax purposes? Who was the creditor or lender? |
|
The Behavioral Profile The Behavioral Profile may provide evidence of a possible motive of the crime, such as large debts, as well as additional evidence of illicit funds. For example, if the suspect spent significant amounts of cash and had no corresponding cash withdrawals from his or her disclosed bank accounts, or no admitted sources of cash income, he or she must have other undisclosed sources of income.
Using the Financial/Behavioral Profile as a guide, the investigator should request an interview with the suspect to pin down the suspect's income, assets, and accounts. Otherwise, the suspect may invent excuses or prepare false testimony or documentation to account for the alleged unexplained income.
| THE BEHAVIORAL PROFILE |
|
| TYPICAL SOURCES OF FUNDS |
FOR EACH SOURCE OF FUNDS, DETERMINE: |
Salary Gifts Rental income Dividends Interest Sale of Assets Insurance proceeds Commissions and fees Awards Inheritances Disability payments |
What was the total amount during a given period? What was the source? How was it paid for (currency, check, other means)? When were the funds received? Where was it deposited? How was it spent? What documentation exists (i.e., W-2 or 1099 form) and where is it? |
| TYPICAL EXPENDITURES |
FOR EACH MAJOR EXPENDITURE ITEM, DETERMINE: |
Rent and mortgage Health costs Loan interest Credit cards Car payments Travel Clothing Utilities Food Insurance |
What was the total amount spent? How was it paid for? Where were the funds obtained to pay the expense? What documentation exists and where is it? When was the payment made? |
Gathering Evidence of Income from Illicit Transactions The net worth method is used to prove illicit income (circumstantially) by showing that the suspect's assets or expenditures for a given period exceed that which can be accounted for from admitted sources of income.
There are two basic methods of employing the net worth method:
- Asset method.
- Expenditures method.
Both methods begin with the Financial Profile. All major assets and liabilities, sources of income and major expenses identified for the relevant periods are summarized. The increase, if any, in the suspect's net worth, or the level of expenditures, is then compared to the legitimate funds available. Unaccounted funds may be inferred to come from illicit or hidden sources.
Asset Method The asset method is advisable when it is suspected that the suspect has purchased assets or otherwise increased his or her net worth. The method may be applied for a period that covers any number of years. Ideally, however, it is best to start with the year before the suspected fraudulent activity began. The formula is:
| |
Total Assets |
| minus |
Total Liabilities |
| equals |
Net Worth |
| minus |
Prior Year's Net Worth |
| equals |
Net Worth Increase |
| plus |
Known Expenses |
| equals |
Total Net Worth Increase |
| minus |
Funds from Known Sources |
| equals |
Funds from Unknown Sources |
Special attention should be paid to the following:
All assets should be valued at cost, not fair market value. Subsequent appreciation or depreciation is ignored.
- Estimate the amount of funds available generously.
- Estimate the amount of living expenses conservatively to give the suspect the benefit of the doubt.
An example of the asset method follows:
|
Base Year |
Year 1 |
Year 2 |
| Assets |
|
|
|
| Cash on Hand |
$1,200 |
|
|
| Bank Account Balance |
$1,505 |
$5,520 |
$6,250 |
| Jewelry |
$1,200 |
$8,500 |
$16,500 |
| Art |
$2,000 |
$2,800 |
$3,500 |
| Boat |
|
$27,500 |
$27,500 |
| Automobile |
|
|
36,400 |
| Real Estate -- House |
|
190,000 |
190,000 |
| Total Assets |
5,905 |
234,320 |
280,150 |
| Liabilities |
|
|
|
| Loan |
|
2,800 |
1,000 |
| Mortgage |
|
129,200 |
114,800 |
| Total Liabilities |
0 |
132,000 |
115,800 |
| Net Worth |
5,905 |
102,320 |
164,350 |
| Minus Prior Year's Net Worth |
|
5,905 |
102,320 |
| Equals Net Worth Increase |
|
96,415 |
62,030 |
| Plus Known Expenses |
|
|
|
| Cruise |
|
1,800 |
4,200 |
| Credit Cards |
|
2,200 |
7,000 |
| Other Living Expenses |
|
12,250 |
18,250 |
| Equals Total Net Worth Increase |
|
112,665 |
91,480 |
| Minus Funds From Known Sources |
|
|
|
| Cash on Hand |
|
1,200 |
|
| Interest on Bank Account |
|
185 |
205 |
| Wages |
|
185 |
205 |
| Interest on Bank Account |
|
39,500 |
41,250 |
| Equals Funds From Unknown Sources |
$71,780 |
$50,025 |
|
Expenditures Method The expenditures method is advisable when it is believed that an individual spends illicit income on consumables (e.g., travel and entertainment) that would not cause an increase in net worth. The formula is:
| |
Known Expenditures |
| minus |
Known Sources of Funds |
| equals |
Funds from Unknown Sources |
An example of the expenditures method follows:
| |
Year 1 |
Year 2 |
| Expenditures |
|
|
| Increase in Bank Balance |
$4,015 |
$730 |
| Purchase of Jewelry |
$7,300 |
$8,000 |
| Purchase of Art Work |
$800 |
$700 |
| Purchase of Boat |
$27,500 |
|
| Purchase of Automobile |
|
$36,400 |
| Down Payment on House |
$50,000 |
|
| Yearly Mortgage Payments |
10,800 |
14,400 |
| Payment for Cruises |
1,800 |
4,200 |
| Credit Card Payment |
$2,200 |
$7,000 |
| Loan Repayment |
$1,200 |
$1,800 |
| Other Personal Living Expenses |
$12,250 |
$18,250 |
| Total Expenditures |
$117,865 |
$91,480 |
| Minus Known Sources of Funds: |
|
|
| Cash |
$1,200 |
|
| Interest in Bank Account |
$1,200 |
|
| Cash |
185 |
205 |
| Loan |
4,000 |
|
| Wages |
39,500 |
41,250 |
| Total Known Sources of Funds |
44,885 |
41,455 |
| Equals Funds from Unknown Sources |
72,980 |
50,025 |
1999, Digital Springs, Inc. All Rights Reserved.
Reprinted with permission.
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